Q: Does an employer need to grant a light duty role to an employee who returns from FMLA with restrictions?
Employee self selected to have foot surgery that would ultimately effect her performance on the job. The individual is pushing to be released for light duty. Does the employer by law have to grant a light duty role for employee?
A: I believe you are an employer from your questions. You may have several issues here. One, FMLA (federal law) interplay, two, possible ADA or handicap accommodation considerations, and three, depending on why the person had surgery which you deemed as "self-selected" (don't know what that means) you may have a work comp injury, I don't know. I would consult with a work comp and employment defense attorney immediately. Take heed of the recent Justice Department settlement with Walmart where WalMart was accused of not accommodating people coming back from work. You need to consult and train your employees to have set policies in place when these things occur so you and your employees are up on the law.
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