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If an employee has used all of his/her modified work and is not released for full duty because of a workers’ compensation injury, do I still have to offer light duty to the employee or modify his/her work schedule?

While the employer may have met its workers' compensation obligations, an employer may still have an obligation to reasonably accommodate the employee under the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA). If you separate the workers' compensation and human resources functions in your Company, make certain that these two departments are communicating regarding return to work and accommodation issues for employees who are injured on the job.

Reasonable accommodations under FEHA and the ADA can include extended leaves, work schedule changes, and job modifications.

You can find more information in the Reasonable Accommodation of Disabilities section of the HR Library.

If an employee has used all of his/her modified work and is not released for full duty because of a workers’ compensation injury, do I still have to offer light duty to the employee or modify his/her work schedule?

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