Posts Tagged ‘Reasonable Accomodation’

In a recent ruling, the Fifth Circuit Court of Appeals has reaffirmed that not returning to work is not considered a reasonable accommodation. The ruling came from a case where an employee felt he had accrued enough time and benefits to leaving until the day after he was set to retire.

When there is no way to provide reasonable accommodations for an employee or their leave has been deemed indefinite by a medical professional, the options in returning to work are limited. However, this does not leave the employer on the hook with an empty desk chair, even under the ADA.

Even if a worker is not considered permanently disabled, how well they can function in their essential duties can heavily impact whether they can be afforded accommodations. Additionally, an employee cannot leave work without a specific date on which they will return, nor can they leave without any intention of returning, even in the case where they have accrued time enough to retire.

What if I can’t return to work?

Sometimes, returning to work is not an option. However, workers still have options to help them through these difficult times. If you are physically able to work but cannot perform the essential function of your job, you may qualify for the Supplemental Job Displacement Benefit. This is issued when you have reached Maximum Medical Improvement but your employer does not offer a job in which you can perform.

This benefit program helps to pay for necessities to return to work, such as a computer and re-vocational training. In some cases, you may also be able to get a re-vocational counselor to help with the transition.

It is important to know employers are not required to offer the same position as they do under FMLA leave. This means an employer can get a worker back in the workplace sooner under a new role, or training for a different position may be available. However, it could also mean a worker may not be as happy upon return. Planning ahead for these nuances could help both the employer and the employee find a solution to work best for the situation.

If you are unable to return to work, contact our Pennsylvania Workers’ Compensation lawyers at Vanasse Law today to find out your options. We will help develop a plan for your next stage of life.