Legal Question in Employment Law in California

Light duty.

I,m on medical light duty.My employer chooses not to let me work at all until I,m able to work 100% reg duty.does my employer still pay me because thats there choice not to let me work?


Asked on 2/27/03, 2:13 pm

2 Answers from Attorneys

Craig Silman The Law Office of Craig M. Silman, Jr.

Re: Light duty.

Employers cannot require an employee to be 100% healed unless the employer can show it would impose an undue burden or cause a safety hazard to others. Inform you employer that beacuse of you disability/injury that you request to be placed on light duty. Provide medical documentation to back it up. If this request is denied, then file a complaint with the Department of Fair Employment and Housing. They will be able to get for you any lost wages because of your employer's failure to accommodate you.

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Answered on 3/06/03, 4:04 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Light duty.

Your employer does not have to pay you for work not performed, although you can exhaust any unused sick or vacation pay.

The bigger question is whether the employer has an obligation to reasonably accommodate you while you are disabled. If have have a qualified disability, and you are able to perform the essential functions of your job while on light duty, the employer must attempt to reasonably accommodate your disability, which might entail modifying your job responsibilities on a temporary basis. You should document all inquiries made in this regard, and if not satisfied, see a labor lawyer in your area.

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Answered on 3/05/03, 12:58 pm


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