Magazine article HRMagazine

Are We Required to Let an Employee on Short-Term Disability Work from Home While Recuperating from Surgery?

Magazine article HRMagazine

Are We Required to Let an Employee on Short-Term Disability Work from Home While Recuperating from Surgery?

Article excerpt

No. In fact, you should treat such an individual in the same manner you would any other employee making a request to work remotely. So, if you allow telecommuting in certain circumstances, consider whether it makes sense as an option for an employee returning to work after an illness or surgery.

Start by reviewing any medical documentation to confirm that the employee has been released to return to work and determine if he or she has any physical limitations that would impact a work-from-home arrangement. Consider whether to require a doctor to certify that the employee is able to work in accordance with your normal fitness-for-duty policies.

Think, too, about how your decision will affect time off under the Family and Medical Leave Act (FMLA). Any time that employees spend doing their jobs cannot be counted against their entitlement. So, if a worker is on FMLA leave for the surgery, allowing remote work can extend the amount of FMLA time available to him or her beyond 12 workweeks. For example, if a person normally works 40 hours a week and now performs 10 hours of work while on leave, only 30 hours can be counted toward the employee's FMLA entitlement. Check your short-term disability plan to determine if partial benefits are available under that insurance. …

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