I have an employee who is on light(modified) duty based on his doctor’s note. It has been more than 3 months and there is nothing anymore that this employee can do as his job requires to be on his foot and is very hands-on in nature. We have been giving him whatever he could help during this past months. He is scheduled for another assessment soon, but if he comes back with another note stating that he should be on a light duty, is it possible for an employer to ask him to go on STD to take the leave based on the reason that there is no work for him to perform.
I appreciate your feedback.
This is tricky. You’re in the position where you need to get advice from legal counsel, which I’m not allowed to provide. Accommodations is so hard to address in general terms because every situation is different, depending on the employee’s individualized capabilities and needs, as well as the resources and circumstances of the organization. Although this shouldn’t be confused as legal advice, I don’t see anything in your description that would preclude your ASKING the employee to go on STD leave. But there needs to be some kind of end game. How long would leave last and what, if anything, do you expect to change that would enable you to offer the employee suitable work? Please do reach out to a lawyer if you possibly can and good luck. Glenn