Jane and her husband lead a two-income household with two young children. Before her workplace accident, she stayed home with the kids during the day while her husband went to his construction job. Once his shift was over, they traded places and Jane worked the middle shift at the local factory while he stayed home with the kids until their bedtime. Jane suffered a knee injury that required surgery. Eight weeks later, her treating physician released her to return to light-duty work. Her employer reached out to Jane and told her they had a desk job for her on the morning shift. She was ordered to report to work the following Monday. Jane reminded her supervisor of her domestic situation and her inability to work the morning shift because of her childcare responsibilities. The super was unsympathetic and told Jane if she didn't show up Monday morning, it would be considered an unexcused absence. After three of those, she would be fired. Since the employer knew of her circumstances when they hired her, can Jane safely refuse the light-duty offer?
Unfortunately, no. Generally, injured workers may not refuse medically appropriate light-duty job offers unless they have legal justification for doing so. Without such justification, their entitlement to wage loss benefits will be suspended. Furthermore, a termination for absenteeism could very well permanently end the right to wage loss benefits. Sadly, under Virginia workers' compensation law, Jane's particular childcare needs would not constitute legal justification for refusing the otherwise appropriate desk job offer. It's not fair, but it is the current state of the law in Virginia.