When you’ve been off work for a few days because of a fever or runny nose, you may not think twice about returning to work once you’re feeling better (and no longer contagious). But your employer may require a return-to-work doctor’s note when you come back. Likewise, after an injury, you may be itching to get back to work but discover you can’t go back without a return to work release.
Both of these notes are important and often required by your employer before you can return to work. More importantly, your employer doesn’t have to accept the doctor’s note or release in every case. Here’s everything you need to know about return-to-work doctor’s notes and return-to-work releases.
What Is a Return-to-Work Doctor’s Note?
A return to work doctor’s note is a written statement from your doctor verifying that you were sick, usually with a sudden illness, like the flu. Washington State employers can require a doctor’s note after you’ve been out sick for three consecutive days that details the date or dates and time you were examined, and the dates you couldn’t work.
Employers don’t have to ask you for a return-to-work doctor’s note. However, employers that require a note must have a written policy in place before asking you for the note, and cannot require you to provide details about your illness.
What Is a Return-to-Work Release?
A return to work release is different from a return to work doctor’s note. Sometimes known as a fitness for duty or return to work certification, your employer may require you to get a return to work release when you’ve been injured and want to return to work work but cannot go back to your regular job. This is especially true if you were injured on the job and are currently receiving workers’ comp, but your employer can ask for a return to work release if you were injured outside of work.
For example, if you were working in a warehouse and injured your leg, you may be able to return to work, but can’t work your old job of lifting heavy boxes off the belt. In this instance, you’ll need a doctor’s note explaining that you were off from work due to an injury, but can return to the job provided your employer makes certain accommodations.
Employers often ask for a return to work release to ensure you can work safely and won’t aggravate your injury or put other employees at risk.
Light-Duty Roles
In the event your doctor clears you to return to work but you can’t return to the same job due to your workplace injury, your employer may place you in a light-duty role so you can continue to work while you recover.
According to Labor and Industries (L&I), a light-duty role could include:
- Working shorter hours, either fewer hours per day or per week
- Performing some of your duties part-time until you’re well enough to do them full-time
- Doing the parts of the role that aren’t as physically demanding until you recover
- Providing you with adaptive tools and equipment to assist you
In some instances, your employer may opt to create a new role for you that accommodates your restrictions. However, this role — or any light-duty role you’re offered — doesn’t have to be related to your original job.
Even though you’re working, L&I allows you to work in a light-duty role and still receive medical benefits through workers’ comp. If you’re earning less in a light-duty role than what you would have made in your regular role, you are allowed to apply for and receive loss of earning power (LEP) benefits.
You’re not required to accept a new job that exceeds your medical restrictions. However, if your employer offers you a light-duty job and your attending provider agrees the duties are within your medical restrictions, you must take the job, even if it’s something you don’t like or don’t want to do. If you turn the job down, you won’t be able to receive future time-loss compensation, though you may be eligible for LEP benefits.on’t want to do. If you turn the job down, you won’t be able to receive future time-loss compensation, though you may be eligible for LEP benefits.
What If My Employer Won’t Honor the Return To Work Release?
Just because your doctor has cleared you to return to work with accommodations doesn’t mean your employer has to let you return to the job.
Labor and Industries wants employees to return to work as quickly as possible and encourages employers to support this through its Stay at Work program. In short, L&I provides financial incentives to allow injured employees back at work in a light-duty role once an attending provider approves. However, employers are not required to offer light-duty roles if:
- The employer cannot place you in an existing role or create a new role that meets the restrictions
- Placing you in an existing role or creating a new one would create significant hardship or safety risks
If that’s the case, you can remain on workers’ comp and still be eligible for time-loss benefits until you can return to your job without restrictions or the employer finds a suitable light-duty role for you.
What About FMLA?
The only other time an employer is allowed not to accept your return to work release is when you were off work under the Family and Medical Leave Act (FMLA). Once your employer receives your return to work release, you must be allowed to return to work unless you cannot perform your role even with accommodations.
The difference here is that under FMLA, you cannot return to a light-duty role. Your employer is required to reinstate you in the same or an equivalent role.
Returning to Work
No matter why you’ve been off work, it’s important to be healthy when you return. In some cases, a doctor or other attending provider needs to sign off on that to ensure you and your coworkers remain safe.
If you’re trying to return to work after an injury and are having trouble figuring out what kind of doctor’s note you need or your employer won’t accommodate you, the team at Walthew Law Firm can help. For over 90 years, we’ve been protecting the rights of injured employees throughout Western Washington. Contact us today for a free, no-obligation consultation and learn more about our services.