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| An employee has an elective surgery today that requires a three day recovery period, however he wants to return to work after only two days and work "light duty" for his third recovery day. Can we the employer, tell him not to work on Monday, until he is fully recovered and require a doctor release that he is fully recovered and ready to return to work? His work is in the construction field running low voltage wires through walls in attics and under homes, drilling holes for the wires, mounting and hanging TVs - definitely not light duty. There is not another position for him to work in a light duty capacity. We don't see why we should pay him full pay for for less than full working capabilities and have him risk further injury while on the job. Thank you.
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| I would definately not allow him to return to work without a full medical release from his doctor!
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| Yes you can and should require a note from a doctor releasing them to return to work. It's a safety hazard for you to have someone so injured at work, you have the right to require that the doctor okay this. However, the doctor may release them to work with restrictions (such as don't lift over 25 lbs, no bending, etc.) and if the doctor does release him with restrictions then you determine whether you can accomodate his restrictions. i.e. Do you have a job he is qualified to do within those restictions? You must treat all personal injuries just like workers compensation injuries. Therefore if you let a mechanic who was injured on the job come back to work with a 25 lb. lifting restriction then if you have another mechanic who was injured off the job with a 25 lb. lifting restriction you need to let him come back to work. Provided the same work is available.
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