For some reason I find myself struggling with this situation.  EE has doctor's note that says he must be on "restricted to light duty" for 7-10 days due to stitches and needs to return to have them removed  (and I assume on a prescription).  My question is this ... we do not have light duty available for him, so does that put him under FMLA because he will now be missing more than 3 days of work but only becuase we do not have light duty available for him and not because the doctor actually took him off work?

Simply put if the EE has medical certification that says he/she is unable to perform the essential job duties due to an injury, and that injury will last the minimum of time your policy allows for being out before being assigned as FML, then it is FML. Not having light duty work does not change the requirements found in FML. Though the doctor did not "take" the EE out of work per-say the doctor has certified the EE cannot perform the essential job duties of his/her regular assignment.

We have a "Modified Duty Policy". We do not use the term light duty. Any time an injury or illness alters the status of an employee, the employee will be subject to the Modified Duty Policy. If we have suitable duty to meet the doctor's note we will offer it but at the same time under FML you cannot force an employee to accept the modified duty. If the EE is under WC the main difference is that if the EE can work and you have an assignment for the EE if the EE does not accept the assignment that is an act of ill faith on the ee's part toward WC. But under FML you cannot force light duty upon them.

cappy:

Simply put if the EE has medical certification that says he/she is unable to perform the essential job duties due to an injury, and that injury will last the minimum of time your policy allows for being out before being assigned as FML, then it is FML. Not having light duty work does not change the requirements found in FML. Though the doctor did not "take" the EE out of work per-say the doctor has certified the EE cannot perform the essential job duties of his/her regular assignment.

We have a "Modified Duty Policy". We do not use the term light duty. Any time an injury or illness alters the status of an employee, the employee will be subject to the Modified Duty Policy. If we have suitable duty to meet the doctor's note we will offer it but at the same time under FML you cannot force an employee to accept the modified duty. If the EE is under WC the main difference is that if the EE can work and you have an assignment for the EE if the EE does not accept the assignment that is an act of ill faith on the ee's part toward WC. But under FML you cannot force light duty upon them.

+1