Return-to-work myths debunked

Workforce Management (free regis. req’d) has this useful story on a topic fraught with legal risk and difficulty for employers: Top 10 Return-to-Work Myths — and the Realities Behind Them (by Kathleen Egan and Kenneth Mitchell)

After termination, this may be the most common non-litigation situation on which advice is sought from our firm.

In the best circumstance, beliefs [about how and when an employee should return to work] are based on clear corporate policies and an understanding of lost-time research. But the reality is that return-to-work decisions are more often based on misinformation, negative stereotypes, unfounded fears, and personal convenience. . . Some return-to-work beliefs based on half-truths, overgeneralizations, or inaccurate information — otherwise called return-to-work myths — are described below. Some myths are easily changed; others are extremely resistant and can become chronic problems in an organization. . . Debunking return-to-work myths is the first step in reducing the impact of lost time and eventually effecting positive change in your organization.

10 myths are discussed

1. The 100 Percent or Nothing Myth: Employees must be able to do 100 percent of their job tasks before returning to work.

Reality:

Not so. Employees regain their ability to work incrementally and can therefore transition back into the workplace gradually. In most cases, work tasks can be modified for short periods of time without reducing the overall productivity of an organization. . .

2. The Disability-Migration Myth: Individuals who return to work in a transitional capacity from lost-time cases that are not work-related will re-injure themselves and then go out on workers’ compensation claims.

Reality: There is no research to support what is commonly called the “disability migration” myth. However, in workplaces where there is limited risk management of non-occupational lost time or there is a clear incentive to avoid any workers’ compensation claims [apparently causing employees to ignore pain and overwork out of fear of reporting, leading to reinjury], this migration can and does occur. . .

3. The “It’s Not My Job” Myth: It’s the disability income protection provider’s exclusive responsibility to bring the employee back to work in a timely manner.

Reality”: The primary role of the income-protection provider is to provide income protection while an employee is unable to work. The job of returning employees to work is the result of a partnership among the income-protection provider, employee, employer, and physician. . .

4. The Light-Duty Myth: Light duty is an effective way to return employees to their full productivity.

Reality: . . . Uncontrolled or poorly managed light duty can encourage an employee to remain in a reduced-productivity position too long, or indefinitely. Without a planned transition back to full productivity, employees will not become reconditioned or build up the tolerance they need to resume full job duties. . .

5. The Total-Disengagement Myth: People who are ill or injured need total rest and removal from everyday life in order to recover.

Reality: People heal from illnesses and injuries incrementally. Getting back to normal daily activities, including work, is part of that process. Recovery progresses quickly and successfully when there is a combination of early mobilization treatment and increased transitions back to a normal way of living. . .

6. The Skeptic’s Myth: Most employees want to stay out of work as long as possible.

Reality: Don’t be a skeptic. Sure, there is a small percentage of employees with low work motivation who may use an injury or illness to avoid returning to work, but most can and do want to return to work. In addition to the economic incentive, work is a strong source of dignity and self-esteem. . .

7. The Isolated-Benefit Myth: Employers can successfully manage return-to-work by focusing their efforts on a single benefit program, such as long-term disability.

Reality: Employees do not look at benefits in isolation, but as a package. . . Any attempts to manage lost time must ensure that return-to-work programming is applied to all employees regardless of position or tenure. . .

8. The Physician-as-Occupational-Expert Myth: Physicians always offer work restrictions based on solid knowledge of job demands and know when a patient is ready to return to work.

Reality: As an employer, you hold essential information about specific workplace policies and job demands. Physicians are experts in the field of diagnosis and treatment of disease and disability, but need your cooperation in order to make well-informed return-to-work assessments. . .

9. The “We Can’t Afford It” Myth: Return-to-work accommodations cost too much.

Reality: Workplace accommodations are usually not expensive and may be as simple as rearrangement of equipment. . . 70 percent of accommodations cost less than $500 and 20 percent cost nothing at all. In addition to keeping an employee at work, workplace accommodations can reduce workers’ compensation and other insurance costs.

10. The FMLA Limitation Myth: The Family and Medical Leave Act (FMLA) prohibits employers from requiring participation in a light-duty program.

Reality: True, you cannot reduce your employees’ FMLA-protected leave by requiring them to return to work in light-duty positions before their medical providers certify them as fully able to perform their jobs. However, the FMLA guidelines do permit you to end an individual’s lost-time benefits should a light-duty position consistent with medical restrictions be offered to and refused by the employee. . . Read moreThe full text includes suggestions on “What You Can Do” for each myth.

From a legal and business standpoint, I’d say the most important things are: 1)thorough, documented communications between the employer and the employee, comp carrier, and physician; 2) flexibility; and 3) awareness of the value of the employee to the business if he/she can be returned to productive work, compared to the cost to the business of hiring and training a replacement.

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