Limited Duty Work Offer (Light Duty) Policy

Employees who are unable to perform their normal job for ANY reason will be offered a limited duty position at the Company if possible. This is to help employees maintain their employment status and recover at the worksite rather than at home for otherwise non-serious illnesses or injuries.

The human resources manager will speak to the employee’s physician and build a customized limited duty job to be performed for only a limited time until the employee can return to regular duty without restrictions.

The employee may always refuse such offers of limited work, however doing so may affect their ability to continue to collect against workers’ compensation, disability or unemployment benefits.

Drafting Considerations

The following is background commentary for whoever is drafting or reviewing this policy -- not part of the operative policy above, and not something to publish as a rule employees are bound by.

The Company offers limited duty as a matter of policy; the ADA does not require employers to create a light-duty position (only to reassign an employee to an already-existing light-duty role as a reasonable accommodation where feasible). The effect of refusing a light-duty offer on workers’ compensation, disability, or unemployment benefits varies by state, so consult applicable state law before communicating consequences to an employee.

General information, not legal advice. Treat this as a drafting starting point, not a finished policy — employment law varies by jurisdiction and changes often, so have a licensed attorney tailor it to your situation before you rely on it.

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