City of Linwood, NJ Chapter 59 Public Works Department

[Adopted by the Common Council of the City of Linwood as indicated in article histories. Amendments noted where applicable.]

Article I Transitional Duty Return-to-Work Policy

[HISTORY: Adopted 6-25-2003 by Ord. No. 17-2003]

§ 59-1 Purpose.

It is the purpose of this policy to establish the authority for temporary transitional duty assignments and procedures for granting temporary transitional duty to public works personnel within the agency.

§ 59-2 Policy.

Use of temporary transitional duty can provide employees with an opportunity to remain productive while convalescing as well as provide a work option for employees who may otherwise risk their health and safety or the safety of others by remaining on duty when physically unfit for their regular assignment. Therefore, at the discretion of the City, public works personnel on work-related or non-work related injury leave might return to duty to temporarily perform transitional duties outside of their position’s normal requirements for a period not to exceed six (6) months. The City physician may grant an extension of transitional duty pending further evaluation. Transitional duties will not exceed more than one (1) year.

§ 59-3 Criteria for transitional duty.

A. Upon notification from the Workers’ Compensation Case Manager and/or employee’s physician, the Public Works Manager must complete a written request form to the City Administrator for the employee. Said request will be accompanied by a medical doctor’s note detailing the employee’s limitation and the range of physical activity the employee is capable of performing;

B. The Public Works Manager shall make a recommendation to the City Administrator as to the availability of transitional duty within forty-eight (48) hours of receipt of physician notification;

C. If the employee has scheduled a cosmetic surgery, they are not eligible for transitional duty assignments;

D. If the employee is out of work for mental health reasons, they are not eligible for transitional duty assignments;

E. The following skills are necessary to perform transitional duty assignments within the Public Works Department:

(1) Utilize computer keyboard and typewriter;

(2) Ascend/descend stairs for some tasks;

(3) Sit or stand for extended period of time for some tasks;

(4) Maintain mental alertness;

(5) Understand and follow orders, policies and procedures;

(6) Accept direction and function cooperatively;

(7) Communicate effectively and coherently using telephone or radios, or when initiating or responding to verbal communications;

(8) Exercise independent judgment.

§ 59-4 Procedures.

A. The public works employee’s medical doctor shall provide a transitional duty descriptive narrative detailing the range of physical activity the employee is capable of performing. The City physician will evaluate the descriptive narrative and make recommendation to the City. The decision to allow a public works employee to perform transitional duty shall be at the sole discretion of the City and shall be based upon the needs of the Department and the availability of tasks to be performed at that time, but such assignment will not be unreasonably withheld.

B. A public works employee returning from an authorized work-related or non-work-related injury leave must first obtain a medical authorization from the City-approved physician recommending a return to duty. A specimen of such authorization is attached hereto. Under no circumstance shall a public works employee be allowed to return to work without a certificate.

C. In the event of a disagreement between the City’s physician and the employee’s physician with respect to his/her ability to return to transitional duty, the parties shall select a mutually agreed upon physician to resolve the issue and whose decision shall be final and binding.