In Oregon, medical work restrictions for injured employees are addressed through the Oregon Workers' Compensation Act and related laws. An employer must accommodate these restrictions to the extent possible. If an employee has medical restrictions due to a work-related injury, the employer must work with the employee and their doctor to find appropriate alternative work duties or, if necessary, transitional employment. The employer can also be held liable for damages if they violate these medical restrictions.
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Medical work restrictions for PTSD in Oregon
In Oregon, medical work restrictions for PTSD are handled through a combination of state and federal laws. The Oregon Bureau of Labor and Industries (BOLI) provides protections against disability discrimination, while the Americans with Disabilities Act (ADA) and the Federal Family and Medical Leave Act (FMLA) offer further protections. Employers are obligated to provide reasonable accommodations unless it causes undue hardship, and may not discriminate against employees with PTSD.
Elaboration:
State Law (BOLI): Oregon's BOLI prohibits discrimination in employment, housing, and public places based on physical or mental disabilities, including PTSD. This means an employer cannot fire, demote, or reduce pay for someone with PTSD.
Federal Law (ADA): The ADA prohibits discrimination based on disability in employment, and requires employers to provide reasonable accommodations to qualified individuals with disabilities. This can include modified job duties, assistive devices, or changes to the work environment. Accommodations must be provided unless they would cause undue hardship for the employer.
FMLA: The FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for their own serious health condition, including PTSD. The FMLA also requires employers to maintain confidentiality of medical records.
Medical Restrictions: When a doctor determines that an employee's PTSD requires medical restrictions, it is important for the employer to understand these restrictions and how they impact the job. The employer should work with the employee to find a reasonable accommodation to allow them to continue working while managing their PTSD.
Reasonable Accommodation: The employer must make reasonable accommodations for the employee with PTSD, unless it would be an undue hardship. This might include things like a modified work schedule, a quieter work environment, or the provision of assistive devices.
Workers' Compensation: In some cases, PTSD can be considered a compensable occupational disease under Oregon's workers' compensation laws, particularly for certain professions like law enforcement, fire services, and emergency medical personnel.
Social Security Disability: If an employee's PTSD is so severe that it prevents them from working, they may be eligible for Social Security Disability benefits.
Discrimination: Employers cannot discriminate against employees with PTSD or use stereotypes about mental health when deciding whether they can perform the job duties. If an employee is discriminated against or harassed due to their PTSD, they may have legal recourse.