An employee injured off the job would like to return to work, but we’re concerned about her safety and her ability to do the job. How should we proceed? We’re a small employer and not subject to the Family and Medical Leave Act.
Answer from Aimee, GPHR, SHRM-SCP:
In your case, if you have a reasonable belief, based on objective evidence (such as her own description of the injury and what it will take to recover), that the employee’s ability to perform essential job functions will be impaired by the injury or that the employee will pose a direct threat due to a medical condition, you may consider requiring a doctor’s release prior to allowing the employee to return to work. Under the Americans with Disabilities Act, disability-related inquiries or medical examinations may only be made when they are “job-related and consistent with business necessity.” It’s important to ensure that you’re considering the specific job the employee has. For example, where an employee has a safety sensitive role or one that requires physical labor, there would typically be more justification in requesting a doctor’s release than where the employee sits at a desk for the entire day.
If you’ve determined that legitimate concerns about the employee’s ability to do her job exist, I would recommend that you let her know that you will need a doctor’s release for her to come back to work. You can explain your concerns about her ability to do the job and the potential for additional harm caused by her returning to work too soon.
Aimee is a recognized leader in the field of Human Resources. Aimee was previously the Global Director for the Board of Directors of the local chapter of the Society for Human Resource Management. Previously, she was the HR Director and Global HR and Organizational Effectiveness Adviser for an international humanitarian relief and development organization, and worked as an HR consultant to small and mid-sized companies.
Vital Signs Insurance Services, Inc.
PO Box 6360
Folsom, CA 95630
Phone: (916) 496-8750
Fax: (916) 496-8754
Legal Disclaimer: The HR Support Center is not engaged in the practice of law. The content in this article should not be construed as legal advice, and does not create an attorney-client relationship. If you have legal questions concerning your situation or the information you have obtained, you should consult with a licensed attorney. The HR Support Center cannot be held legally accountable for actions related to its receipt.