When can an employer provide a light-duty position to an employee who is qualified to take leave under Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA)? Are employers ever required to do so? Are employees ever required to accept such assignments? What are the rules if an employee is covered under both laws?

Light-duty positions and ADA

Reassignment to an existing light-duty position or temporary removal of marginal (heavy-duty) job functions may be a form of reasonable accommodation for current or returning employees. An employer may also reallocate to the employee with a disability other marginal functions that he or she can perform.

Since an employer is not required to reallocate essential functions of a job under the ADA, the employer is not required to create a light-duty position in which the employee is no longer performing the essential functions of the job.

Light-duty positions and FMLA

For nonintermittent leave, employers cannot insist on light duty, although employees can opt for it. For intermittent leave, employers can insist on transfer to an alternative position (light duty or otherwise), but the alternate position must have equivalent pay and benefits.

Note: Light-duty hours do not count as FMLA leave, only hours in which the employee was off duty altogether count against the 12-week allotment. Time worked by the employee from home may not be counted against the 12-week allotment.

ADA and FMLA compared

If an employee is covered by both the FMLA and the ADA and has taken nonintermittent leave, the employer cannot (pursuant to the FMLA) insist on reinstatement in a light-duty position.

This article is part of a series that compares and contrasts various aspects of the two laws.