Legal Question in Employment Law in Washington
Restricted Duty After Auto Accident
Is it legal to disallow an employee to return to work if he must have temporary restricted duty due to a back injury from an auto accident? This policy was stated by the human resources department but they failed to provide documentation of this seemingly bogus policy. They stated it was not a ''corporate'' policy but a ''Seattle'' policy.
1 Answer from Attorneys
Re: Restricted Duty After Auto Accident
Sorry for the slow response, I have been on vacation.
I can't really answer the question because there is not enough information. They have to accommodate a disability, even a temporary one, under Washington law. I know of no differences in this regard between Seattle and other parts of Washington State. Accommodation may mean a leave of absence, or may mean modified duty. They probably cannot insist on full recovery before returning to work, then fire you if you don't return to work soon enough, at least they can't do that without proving it would be an "undue hardship" on them to hold your position open or otherwise accommodate the injury. I hope this helps.
Steve Teller
(206) 324-8969
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