Can an Employee Refuse Modified Duty?

Modified duty may allow an injured worker to return to work.

Modified duty is sometimes used by employers to allow workers who have been injured on the job to come back to work. This is usually done in response to requests made by a physician who has examined the worker and deemed him unable to continue to work in his regular capacity. This issue usually arises when the worker is seeking worker's compensation. Workers who are unable to return to work on modified duty may be eligible for more compensation than those who can return on a modified duty schedule. In many states, a worker may be able to refuse a modified duty assignment.

Refusal

The employee may have the right to refuse a light duty assignment by his employer if he is injured on the job or even has to leave work temporarily under provisions allowed for by the Family and Medical Leave Act or FMLA. However, refusal to do so when an attending physician has cleared the worker to return for light duty can affect the amount of compensation available in cases where worker's compensation is involved.

Light Duty Impact

Having a worker return to work on a light duty or modified duty schedule has benefits for both the employer and the employee. According to the Wyoming Department of Workforce Services, light duty work has been proven to help employees return to full capacity at work much more rapidly than than when employees cannot return at all. A modified duty schedule also decreases costs significantly for the employer in the long run. The department reports that claims paid out rise by 21 to 33 percent if the worker does not return for modified duty within the first three weeks after an injury claim.

Employer Excuses

Although an employee generally has a right to refuse modified duty by an employer, the reality is that many employers fail to offer modified duty for a variety of reasons. According to the Midwestern Insurance Alliance, employers will provide any number of excuses for not providing modified duty opportunities. Some of these include a lack of "light duty" jobs, wanting the employee to be fully healed before returning to work, risk of reinjury and lawsuit and even the hassle of having to restructure the job for one employee.

Consequences

Once the employee has been offered modified duty, she can refuse it, but there can be consequences for such a refusal in states where that right does not exist. Employees can be terminated or disciplined like any other employee who is guilty of insubordination. As long as the employer does not discriminate against the employee and discipline him in a way inconsistent with company policy, the employee has no recourse against the employer who chooses to discipline the employee who refuses modified duty.

References

• NetPlaces: Uncooperative Employees; Sharon Anne Waldrop
• Wyoming Department of Workforce Services: Return to Work – Light or Modified Duty
• State of Colorado: Frequently Asked Questions
• Southern Connecticut State University: Return to Work Program
• Midwestern Insurance Alliance: Modified Duty (Return-to-Work Programs)