Sample Letter Offering Modified Duty in Delaware

Delaware employers should remember to do the following when making an offer of transitional or modified duty employment:

1. Identify the health-care provider who has certified the employee to return to work.
2. List the limitations that the health-care provider has imposed on the employee’s ability to return to work.
3. Extend an offer to return to work in a capacity that satisfies the restrictions noted above.
4. State the rate of pay will remain the same, regardless of the identified limitations and restrictions.
5. Describe the position and the functions and duties it involves.
6. Explain that the employee will be monitored to make sure the job requirements do not exceed the identified limits.
7. State that the offered positions is a temporary one and is designed to assist the employee to transition back to his or her regular job assignment when able.
8. Explain how the employee can accept the position if desired (in writing, via U.S. mail or hand delivery, for example).
9. Explain the consequences of a failure to respond (i.e., will constitute a refusal of the offer and may jeopardize future receipt of workers’ compensation benefits or eligibility for other benefits sponsored by the organization).

The offer letter should specifically identify the following:

1. The start date of the position (approximately two weeks from the date of the letter);
2. The hours of work;
3. Name and title of the person to whom the employee will report;
4. Job site or location;
5. Deadline for employee’s acceptance (no less than 7 days from the date of mailing).
6. Name and contact information of the person to whom any questions or the acceptance should be directed.
7. Space for employee’s printed name, signature, and date.
8. Area or check box where the employee can indicate that he accepts or denies the offer.

Keep a daily or weekly log of modified assignments and success at handling them. This could become key evidence of wage-earning capacity.

Remember, employees’ attorneys are traditionally hostile to return to work as it destroys the lump-sum settlements which account for most fees.

Many thanks to Guest Contributor, employment law authority, Attorney Margaret DiBianca of Young, Conaway, Stargatt & Taylor, LLP. The firm takes a proactive approach to counseling its clients by trying to prevent problems before they occur during workplace issues such as hiring, firing, promotions and layoffs.
Attorney DiBianca can be reached at [email protected] or by phone 302-571-5008.
Read more tips at: http://delawareemploymentlawblog.com

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Look at WC 101 for the basics about workers comp.

Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.