May an employer require that an employee with a disability-related occupational injury be able to return to ''full duty'' before allowing him/her to return to work?


May an employer require that an employee with a disability-related occupational injury be able to return to ''full duty'' before allowing him/her to return to work? No. The term ''full duty'' may include marginal as well as essential job functions or may mean performing job functions without any accommodation. An employer may not require that an employee with a disability-related occupational injury who can perform essential functions be able to return to ''full duty'' if, because of the disability, s/he is unable to perform marginal functions of the position or requires a reasonable accommodation that would not impose an undue hardship.





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