Human Resource Blog

Light Duty Without Doctors Note??

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Can an employer put an employee on light duty without any doctor’s note and against employee’s wishes?

This is probably discrimination under the ADA, the federal Americans with Disabilities Act. That law prohibits an employer from discriminating against a worker who genuinely has a disability, of course. But it also prohibits an employer from discriminating against an employee simply because the employer assumes, or believes, that the employee has a disability.

The PDA or Pregnancy Discrimination Act also prohibits employers from changing a worker’s job duties simply because she is pregnant.

In this case, it sounds like the employer is assuming that the employee is unable to perform her usual duties for some reason. This often happens when a worker is pregnant, after a heart attack or stroke, or when an employee has been diagnosed with cancer. With modern medical care, all of these employees may be able to shoulder a normal workload – but, the employer may assume that they cannot.

Employers are permitted to require workers to provide a “fitness for duty” release from their doctor after an illness or when the employee has an obvious medical condition, such as pregnancy. This release protects the employer from liability. The employee’s doctor simply provides a note, or fills out a form provided by the employer, that states the employee is medically fit to handle the usual duties of his or her job. Normally, the doctor will quiz the employee on job duties and note any restrictions, such as not being able to lift more than 50 lbs.

If the employee can’t provide a doctor’s release, the employer is well within his or her rights to not permit the employee to work, until one is provided.

Many employers routinely require fitness for duty certification from pregnant women after the fourth month, and monthly thereafter. This is simply a precaution so the employer isn’t liable for any complications.

But suppose the employee has provided the employer with a doctor’s fitness for duty release, and the employer insists on reassigning her duties anyway. This is discrimination under the law.

The employee could report this to the EEOC, the Equal Employment Opportunity Commission.