Defining the Return-to-Work Process Under the ADA

Whether an injury is work-related or non-industrial, the same process must be followed when an injured worker returns to work. However, following the Americans with Disabilities Act (ADA) regulations requires employers to carefully consider their processes for medical documentation and job accommodations.

“The post-return-to-work steps are critical in both making an injured worker comfortable in their environment and ensuring equitable opportunities for them,” said Lisa Strader, Senior Medical Manager at Safety National. “Structure and inclusion is key in their recovery process, and their employer plays a crucial role in returning that sense of normalcy to their lives.”

Here, we outline ADA considerations for disability and how reasonable accommodations may be made for injured workers.

ADA vs. FEHA Disability Considerations

The ADA is a federal law and there are similar state laws, like the California Fair Employment and Housing Act (FEHA), which have different definitions of disability. According to the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities of an individual, a history or record of such an impairment, or being regarded as having such an impairment.

The FEHA has a broader definition of disability. According to the FEHA, a disability is defined as an actual or perceived physical or mental disability, special education disability, or medical condition that limits one or more major life activities of an individual.

Medical Documentation

Before an injured worker returns to work, an employer should have a medical status or certification from a healthcare provider stating that the worker has a disability or a specific medical condition that requires accommodation or restriction. The details should include any restrictions, accommodations, and indicate how long they will need to be in place. While an employer is not required under the ADA to receive this documentation for accommodations, requesting the information for the most appropriate job functions is best practice.

Sometimes, healthcare providers may provide conflicting medical reports. Employers are still required to engage in the interactive process according to the ADA. Employer determinations as to reasonable accommodations should be consistent amongst all employees. Employers may consider a fit-for-duty test. If there are safety concerns for other employees or customers, a return to work may not be possible.

Reasonable Accommodations

Employers must provide reasonable accommodations to disabled employees to enable them to perform essential job functions effectively. Accommodations allow for an employee with a disability to successfully perform their job functions to the same extent as any co-worker without a disability.

Examples of reasonable accommodations include leave of absence, workspace modifications, elimination of marginal job functions, a change in schedule, working from home, task completion modifications, training or coaching for supervisors, and reassignment to vacant alternative positions. Reasonable accommodations do not include offering a temporary position, creating a new one, transforming light-duty roles into permanent positions, or lowering the quality and quantity of work standards.