light duty deflection

[liftedmonster]

What is the name of your state (only U.S. law)? California

 

[liftedmonster]

I was put on light duty by my G.p. pending the results of a hernia test and was told by my employer they do not do light duty is this a FEHA violation? I had to use my remaining sick days to cover this time when my employer could have easily accomadated me.

 

[cbg]

No, this is not a violation of any kind. There are no circumstances whatsoever under which an employer is required by law to provide light duty.

 

[Chyvan]

I was put on light duty by my G.p. pending the results of a hernia test and was told by my employer they do not do light duty is this a FEHA violation? I had to use my remaining sick days to cover this time when my employer could have easily accomadated me.

It's a legit reason to apply for UI or CA's SDI. SDI's better than UI but it depends just how disabled you are.

 

[commentator]

NOT unemployment. This person is not able, available and actively seeking work. He has not been fully released to return to work for his employer for a non work related injury. The employer could if they wanted to allow him to come back on light duty, but they do not have to.

 

[Chyvan]

NOT unemployment. This person is not able, available and actively seeking work. He has not been fully released to return to work for his employer for a non work related injury.

This makes no difference. He only needs to be available to do something, not his same job, and if he's not looking for work, it's only because he doesn't perceive that he's unemployed.

He just needs to apply for whatever program he's got the best shot at getting.

but they do not have to.

And that's the cause of his unemployment.

If you're a jack hammer operator that is out of work because of a back injury, and while you can't do that type of work anymore but can drive a fork lift, you can get UI for that.

 

[Just Blue]

This makes no difference. He only needs to be available to do something, not his same job, and if he's not looking for work, it's only because he doesn't perceive that he's unemployed.

He just needs to apply for whatever program he's got the best shot at getting.



And that's the cause of his unemployment.

If you're a jack hammer operator that is out of work because of a back injury, and while you can't do that type of work anymore but can drive a fork lift, you can get UI for that.

What is your Legal background?

 

[Chyvan]

What is your Legal background?

This isn't rock science. CA documents these senarios very well http://www.edd.ca.gov/uibdg/

 

[Just Blue]

This isn't rock science. CA documents these senarios very well http://www.edd.ca.gov/uibdg/

Ahh. Okay. Now we know your rock science.

 

[liftedmonster]

A common response from employers is that "do not offer light duty work" foreclosing any ability to return to work until all restrictions are removed. A rote, across the board policy to make such a response is a violation of FEHA. California law requires that the employer engage in a timely good faith interactive process when presented with a request for accommodation. (Gov. Code, §12940, subd. .) (29 C.F.R §1630.2(0)(3).)The employer cannot shortcut this process by simply stating "we do not offer light duty work."doing so is a direct violation of its duties under FEHA (Gov. Code, § 12940, subd.(m).) This is a condesed version of the laws i read. I am from california and the laws here are diffrent than most states.

 

[cbg]

Alrighty then.

 

[eerelations]

Alrighty then.

Which means we're relieved that you advised us you already know the answers (however erroneous they are) to your questions soon enough that we don't have to bother wasting any more time responding to you. Thank you!!!

 

[CdwJava]

There are a host of other variables involved, too. Such as the availability or need for work in a modified capacity, the number of employees, nature of the injury and the work to be performed, etc.

 

[commentator]

No unemployment!

 

[liftedmonster]

There are a host of other variables involved, too. Such as the availability or need for work in a modified capacity, the number of employees, nature of the injury and the work to be performed, etc.

I work in a warehouse that employs 80+ it is inventory time so there is more than enough light duty work for me to be accomadated . Thank you for giving me a decent reply unlike most of these replys.