Intensive Workshop | Returning Employees Back to Work Swiftly and Safely: Strategies for Managing Fitness for Duty Assessments and Light-Duty Accommodations under ADA/FEHA

Presented by: Karen Capasso, Esq. and Christopher Romero, Esq., Smith Law Offices, LLP

When an employee is injured or suffers an illness as the result of an occupational-related hazard, accident, or some other cause, it’s important for the safety and HR teams to evaluate whether, when, and in what capacity the worker can return to work, whether to full duty or with light-duty restrictions or other accommodations. On the one hand, by returning the worker to duty sooner, you may reduce exposure to workers’ compensation liability in the event that the employee’s condition is due to an industrial injury or occupational exposure to a harmful agent. But, on the other, if an employee returns to work too soon, he or she may be at risk for re-injury. Plus, it’s important to balance your organization’s practical considerations with your legal obligations and rights under California and federal law.

This intensive session is designed to walk you through the return-to-work process here in California, so you’re prepared to deal with potential challenges associated with administering fitness for duty examinations and providing light-duty accommodations.

You’ll learn:

  • When a fitness for duty examination should be requested
  • The types of medical records available to employers and what’s off limits
  • How to tell if a worker is or is not a candidate for returning to work
  • Your obligations to grant reasonable accommodation under the state’s Fair Employment and Housing Act
  • Legal strategies for managing injured or sick employees’ return-to-work
  • And more!