Legally Enforceable Bona Fide Offers of Reasonable Employment · Reasonable Employment – MCL 418.301(9) and MCL 418.401(7): [W]ork that is within the employee’s capacity to perform that poses no clear and proximate threat to that employee’s health and safety, and that is within a reasonable distance from that employee’s residence. The employee’s capacity to perform shall not be limited to work suitable to his or her qualifications and training. · Taylor v Schoolcraft College (Michigan Court of Appeals, unpublished, 1/3/03) The Court of Appeals in a 2-1 decision, held that a light duty job offer, stating that the job would be within a certain physician’s restrictions, did not meet the requisite specificity for a bona fide offer of reasonable employment where the doctor’s restrictions were not specifically stated in the body of the job offer letter, did not accompany the letter, and plaintiff was never informed of the nature of the restrictions. The employee had no factual basis on which to evaluate the reasonableness of the position with her doctor or attorney. · Tatroe v Tower Holding Corp, 2003 ACO # 56 The Appellate Commission held that a job pool arrangement where an employee is placed in assignments on day-to-day basis was not a bona fide offer of reasonable employment as it lacked specificity as to which jobs the employee would be expected to perform and there was no guarantee that a specific job would be available on any given day. Legally Enforceable Bona Fide Offers of Reasonable Employment · Guidelines for Bona Fide Offers of Reasonable Employment o In writing o Consider sending the job offer certified return receipt mail as well as regular mail o The job offer should contain the following information: - Date and time of return to work - Person to whom the employee is to report - The anticipated work schedule - The rate of pay - A statement that the job falls within the employee’s medical restrictions (include the actual restrictions and the name of the physician who authored them or attach the restriction slip to the letter) - The title and a description of the job that the employee will be performing (reference and attach a job description or “essential functions” of the job) o A reasonable time should be permitted between communicating the offer and the anticipated return to work date o Consider including in the letter a statement that it is expected that the employee will comply with the physician’s restrictions and that, if there is any question about whether the job duties are within the restrictions, the employee will immediately bring it to the attention of the employer. At the outset of the return to work, it is recommended that the employee sign a statement, agreeing to abide by the specific restrictions outlined by the physician and to communicate immediately with the employer if the employee has any concern that the job duties are inconsistent with the restrictions.