Human Resource Blog

Light Duty in Arkansas

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Is an employer obligated to put an employee on light duty in Arkansas, if no appropriate work is available?

An employer has no obligation to create a light-duty job for an employee, contrary to popular opinion. Some employees think light duty restriction allows them to do little or no work and still be paid. It is untrue.

No Arkansas or federal law speaks to the matter of light duty, and the only restrictions are found in the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964.

The ADA says disabled employees have the right to reasonable accommodations to be able to contribute their talents to the workplace. Title VII would specify that if an employer does offer light duty, it should be offered fairly and consistently, and without discrimination.

If an employer does not have 40 hours of work available per week, he or she need not create a job, but if the work is available, many company policies allow for the creation of light-duty work. If the work is not available, the employee will not be allowed to return to the job until she or he is physically capable of doing the regular duties. Sometimes an employer may have enough light duty work for 3 jobs, but 4 employees who would qualify for light duty. In that instance, the fourth employee would not be able to return to work.

Some jobs will not adapt well to light duty, while others will. If a worker’s job is to lift sacks or sort boxes of 50 pounds or more in a warehouse, it’s unlikely that job could be adapted to light-duty restrictions. A secretary, on the other hand, sits at a desk for much of the day. That job may readily be modified to light-duty tasks.

The way companies will handle the light duty issue will depend on company policy and on how the situation has been dealt with in the past.

Fairness, consistency, and nondiscrimination are the keys. Title VII forbids an employer, for example, to give light duty work to Caucasian employees but not to African-American workers.  Violations are monitored by the EEOC. JH