Human Resource Blog

Light Duty in Delaware

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

No Delaware or federal law requires creation of light duty work. Employers need only abide by laws regarding disabled workers and nondiscrimination. Employers are under no obligation to provide light duty assignments, if no suitable work exists.

Some employees believe that light duty restriction means they can do little or no work and still get a paycheck. That is not true. Employers who do not have enough light duty work to fill a 40 hour week need not create such a job.

Just what employers will do regarding light duty assignment will depend on past practice and current company policy.

Some companies, concerned that an injured worker will injure himself or herself further, have policies forbidding the creation of light duty assignments.

Some companies have policies allowing for light duty. When such a firm has sufficient work for 3 people but 4 people qualify for the light duty, the fourth will not be allowed to return to work until he or she can assume regular duties.

Some jobs lend themselves better to light duty modification than others. A secretarial position, for example, is largely desk work and can be readily adapted. On the other hand, a job requiring a warehouse worker to move 50-pound containers may not be easily modified. In that case the employer would probably be willing to create light duty secretarial jobs only.

Employers must insure that their light duty practices are fair, consistent, and nondiscriminatory.

If an employer were to create light duty work for Asian-American workers but not for African-American employees, that would be discriminatory. Violations of Title VII are enforced by the Equal Employment Opportunity Commission, or EEOC.

Under the ADA, “reasonable accommodation” would have to be made for a worker, provided a doctor has certified that the worker has a temporary or permanent disability, and that the worker has requested the accommodation. A stool to allow the worker to sit instead of standing would be reasonable. Creating a new job for the worker or hiring a second person to help would not be reasonable. JH