Wsib no longer accomodating
But this much is clear to date: The duty requires more from the employer than simply investigating whether any existing job might be suitable for a disabled employee.Rather, the employer is expected to determine whether other positions in the workplace are suitable for the employee or if existing positions can be adjusted, adapted or modified for the employee.
In fact, rehabilitation specialists will tell you that it is better for both the employee and the employer for one to return to work sooner on a modified assignment than to wait until full recovery. 2/13/13), light duty is not a right to which employees can insist under the FMLA.This responsibility requires the employer to look at all other possible positions.Recent cases have said that the employer's accommodation efforts must be "serious", "conscientious", and it must demonstrate its "best efforts".Post Traumatic Stress Disorder (PTSD) affects thousands of individuals across the world.It can be a debilitating illness that inhibits the individual's life.Those restrictions would have prevented him from returning to his banquet steward position.
When Hyatt refused to offer light duty, James sued.
The company offered him FMLA leave, which he accepted.
Before his medical leave ended (which his collective bargaining agreement had extended beyond the FMLA’s required 12 weeks), James faxed a note from one of his physicians, which stated that James could return to work with certain lifting and bending restrictions.
James argued that Hyatt interfered with his FMLA entitlement when it did not reinstate him to a light duty position. It relied on the plain language of the FMLA’s regulations: “If the employee is unable to perform an essential function of the position because of a physical or mental condition …
the employee has no right to restoration to another position under the FMLA.” Because light duty is not an “equivalent” position, the FMLA does not mandate restoration to a light duty position.
As many have limited knowledge of PTSD, a brief synopsis will be given here.