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.
Send a written offer whenever all three of these are true:
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.
A defensible offer letter is specific enough that a stranger could tell whether the job fits the restrictions. Include:
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:
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.
Sample only. Adapt to your organization, coordinate with your workers' comp carrier or TPA, use any form your state requires, and have counsel review.
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[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)
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
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An offer the employee never received does nothing. Send it in a way you can prove:
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.
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.
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.
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.
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.
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.
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.
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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