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Light-Duty Offer Letter: What to Include, With a Sample

10/5/2026

A light-duty offer made in a hallway conversation is almost worthless. If the employee later says they were never offered work, or that the work did not fit their restrictions, the employer has nothing to show. In workers' compensation cases, a written, specific offer of suitable work is often what decides whether wage benefits continue. In FMLA cases, the wording decides whether the offer respects the employee's right to decline.

This article covers when to send a written light-duty offer, what it must include, how to handle the deadline and a refusal, which notices to reference, and a sample letter you can adapt.

When to Send a Written Light-Duty Offer

Send a written offer whenever all three of these are true:

  1. The employee's treating provider has released them to modified or restricted duty, with specific restrictions in writing.
  2. You have identified work that fits every restriction.
  3. You are prepared to start the assignment on a stated date.

Do not send an offer based on an old work status report. Restrictions change at each visit; check the date of the most recent one. If the restrictions are vague ("light duty as tolerated"), get them clarified first. An offer that does not match documented restrictions invites a dispute about whether the work was suitable. For background on building assignments, see our article on light-duty assignments.

If the employee has an open workers' comp claim, coordinate with the adjuster or third-party administrator (TPA) before sending. Some states require a specific form or a specific notice in addition to, or instead of, your letter.

Required Elements

A defensible offer letter is specific enough that a stranger could tell whether the job fits the restrictions. Include:

  • Position and tasks. A title for the assignment and a list of the duties. "General office support" is not enough; "answering phones, scanning documents, data entry, seated, no lifting over 10 lb" is.
  • Restriction match. Reference the provider's report by date and state how the assignment fits each restriction. Attach the report or the restriction summary.
  • Hours and schedule. Days, start and end times, total hours per week, and breaks if restrictions require them.
  • Address and department, and whether it differs from the regular worksite.
  • Hourly rate or salary for the assignment, and whether it differs from the employee's regular rate.
  • Who to report to.
  • Start date and time.
  • Duration and review. That the assignment is temporary and when it will be reviewed.
  • Response deadline. A date by which to accept or decline, and how to respond.
  • The HR person to call with questions about the assignment or restrictions.

Response Deadline and What Happens if the Employee Declines

Give a reasonable response period. A few business days is common; for an employee who is not at work and may need to talk to their provider or attorney, longer is safer. Some states set their own notice periods, discussed below.

What happens on a decline depends on the legal framework, and the letter should not overstate it.

Workers' compensation. In many states, refusing suitable work can reduce or suspend wage-loss benefits. Examples verified against state sources:

  • Section 440.15(6), Florida Statutes, says an injured employee who refuses employment suitable to their capacity offered to or procured for them is not entitled to compensation during the continuance of the refusal, unless a judge of compensation claims finds the refusal justifiable.
  • The State Board of Workers' Compensation's Form WC-240, Notice to Employee of Offer of Suitable Employment, implements O.C.G.A. 34-9-240 and Board Rule 240. The form, with attachments including the authorized treating physician's approval of the job, must be provided to the employee and the employee's attorney at least ten days before the expected return date. It lists the job title, essential duties, pay, location, hours and report date, and warns that if the employee unjustifiably refuses to attempt the job, or attempts it for less than eight cumulative hours or one scheduled work day (whichever is greater), the employer or insurer may suspend income benefits.
  • Under Section 306(b)(3) of the Workers' Compensation Act, when the insurer receives medical evidence that the claimant can return to work in any capacity, it must give prompt written notice on the Bureau of Workers' Compensation's form, the Notice of Ability to Return to Work (LIBC-757). Pennsylvania courts treat that notice as a threshold requirement before a job offer can be used to modify or suspend existing benefits.

Rules differ in every state. Your carrier or TPA decides benefit changes, not HR, so the letter should say that declining "may affect" benefits under state law rather than predicting the result.

FMLA. If the employee is on FMLA leave, they may decline. Under 29 CFR 825.702(d)(2), an employee whose provider certifies them for light duty may accept the employer's offer but is not required to, and may remain on unpaid FMLA leave until the 12-week entitlement is exhausted or they can return to the same or an equivalent job. The same rule recognizes that declining may end eligibility for workers' comp wage payments. Under 29 CFR 825.220(d), light duty cannot be made a condition of employment for an employee on FMLA leave. Our article on FMLA and workers' comp running together covers designation.

ADA. If the light-duty assignment is offered as a reasonable accommodation, 29 CFR 1630.9(d) says the employee is not required to accept it, though an employee who rejects an accommodation necessary to perform essential functions may not be considered qualified for the job.

Treat a decline neutrally. Document it, forward it to the carrier, and do not discipline, threaten or pressure.

FMLA and Workers' Comp Notices to Include or Reference

  • FMLA status. If you designated the absence as FMLA leave, say so in the letter, and say that acceptance is voluntary for FMLA purposes and that the employee may remain on FMLA leave if they decline.
  • Restoration rights. State that accepting light duty does not give up the right to return to the same or an equivalent position; under 29 CFR 825.220(d), that right lasts until the end of the applicable 12-month FMLA leave year.
  • State workers' comp forms. If your state requires a specific offer form or notice (as Georgia and Pennsylvania do), use it and reference it in the letter. Ask the carrier.
  • Non-retaliation. A sentence confirming that the employee will not be retaliated against for their claim or their decision.

Sample Light-Duty Offer Letter

Sample only. Adapt to your organization, coordinate with your workers' comp carrier or TPA, use any form your state requires, and have counsel review.

---

[Date]

[Employee name]

[Address]

Re: Offer of temporary transitional (light-duty) assignment

Dear [Employee name],

We received the work status report from [provider name] dated [date], releasing you to modified duty with the following restrictions: [list restrictions exactly as written]. A copy is enclosed. (1)

We are offering you a temporary transitional assignment that fits those restrictions: (2)

  • Assignment: [Title], [Department]
  • Duties: [specific list]
  • How it fits your restrictions: [for example, all duties are seated; no lifting over 10 lb; no overhead reaching]
  • Schedule: [days], [start] to [end], [total] hours per week
  • Location: [address]
  • Pay: $[rate] per hour [same as / different from your regular rate]
  • Supervisor: [name]
  • Start date: [date and time]

This assignment is temporary. We will review it with you on [date], or sooner if your restrictions change, and it will not continue beyond [date] without a further review. Please bring any updated work status report to Human Resources as soon as you receive it. (3)

Please tell [HR contact] by [date and time] whether you accept this assignment, by [phone/email]. If you have questions about whether the duties fit your restrictions, please call us before that date. (4)

[FMLA paragraph, if applicable] Your absence has been designated as FMLA leave. Accepting this assignment is voluntary for FMLA purposes. If you accept, you keep the right to be restored to your same or an equivalent position, subject to FMLA rules. If you decline, you may remain on unpaid FMLA leave until your FMLA entitlement is used or you are able to return to your regular position. (5)

[Workers' comp paragraph, if applicable] Because you have a workers' compensation claim, a copy of this offer is being sent to [carrier/TPA]. Declining a suitable assignment may affect your workers' compensation wage benefits under [state] law. Questions about your benefits should go to your adjuster, [name and phone]. (6)

You will not be retaliated against for your workers' compensation claim, for requesting or taking leave, or for your decision about this offer. (7)

Sincerely,

[Name], [Title]

Enclosure: Work status report dated [date]

cc: [Carrier/TPA]; confidential medical file

---

Notes on each paragraph

  1. Restrictions verbatim. Quote, do not summarize. Paraphrasing is where mismatches creep in.
  2. Every element listed earlier. The "how it fits" line forces the drafter to check each restriction.
  3. Temporary and reviewed. Avoids implying a permanent new job or pay rate.
  4. Deadline and contact. Clear, reasonable and in writing. If your state requires a minimum notice period, use at least that.
  5. FMLA wording. Mirrors 29 CFR 825.220(d) and 825.702(d)(2). Omit only if the absence is not FMLA-protected.
  6. Workers' comp wording. "May affect," not "will end." The carrier decides.
  7. Non-retaliation. Short, plain, and it matters if the case is ever reviewed.

Sending the Offer to the Carrier/TPA and Keeping Proof of Delivery

An offer the employee never received does nothing. Send it in a way you can prove:

  • Certified mail with return receipt, plus regular mail or email; or hand delivery with a signed acknowledgment.
  • If the employee has an attorney on the workers' comp claim, send a copy to counsel as well. Georgia's WC-240, for example, requires service on the employee's attorney.
  • Send a copy to the carrier or TPA the same day and confirm receipt.

File the letter, proof of delivery, the restriction report it relied on and the employee's response together. If the employee accepts, record the start date; if they decline, record the date and how they communicated it; if they do not respond, send a short follow-up and notify the carrier.

Return-to-work training for HR covers this coordination in more depth.

Get the Whole Process Right

An offer letter is one document in a chain that runs from the first work status report to full duty. The Return-to-Work Training & Certification program covers modified duty and restrictions, workers' comp interaction, FMLA restoration rights, ADA accommodation, documentation and communication in one self-paced online course, with an optional exam for the Certified Return-to-Work Administrator designation.

Frequently Asked Questions

Does a light-duty offer have to be in writing?

Federal law does not require a specific format, but a written offer is the only way to prove what was offered, when, and how it matched the restrictions. Some states require more: Georgia uses Form WC-240, which must reach the employee and their attorney at least ten days before the return date, and Pennsylvania requires a Notice of Ability to Return to Work before benefits can be modified. Ask your carrier which forms your state requires.

What happens if an employee refuses a workers' comp light-duty offer?

It depends on state law. In many states, refusing suitable work can reduce or suspend wage-loss benefits. Florida law, for example, bars compensation during an unjustified refusal of suitable employment. The carrier or TPA makes that decision, not the employer. If the employee is also on FMLA leave, they may decline light duty and remain on unpaid FMLA leave until the entitlement is exhausted.

Can we fire an employee who turns down light duty?

Be very careful. An employee on FMLA leave has the right to decline light duty and stay on leave, so terminating for the refusal would interfere with FMLA rights. Termination for a refusal can also look like workers' comp retaliation under state law, and if the employee has a disability, ADA obligations continue. Document the decline, forward it to the carrier, and get legal advice before any employment action.

How long should the employee have to respond?

Long enough to read it, check with their provider and, if represented, their attorney. Several business days is common. If your state sets a minimum notice period before the report date, as Georgia's ten-day WC-240 rule does, meet or exceed it. State the deadline clearly, along with whom to contact and how, and follow up in writing if there is no response.

Should the offer letter mention FMLA?

Yes, if the absence is designated as FMLA leave. The letter should say that accepting light duty is voluntary for FMLA purposes, that accepting does not give up restoration rights, and that the employee may remain on unpaid FMLA leave if they decline. That wording tracks 29 CFR 825.220(d) and 825.702(d)(2) and avoids an FMLA interference claim.

Who gets a copy of the light-duty offer letter?

The employee, by a method you can prove; the employee's attorney if they are represented on the workers' comp claim; the workers' comp carrier or TPA; and the employee's confidential medical file, since the letter refers to restrictions. The supervisor of the assignment needs to know the duties, schedule and restrictions, but not the medical report itself.

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