City of Belle, MO Division 6 Return to Work

Section 113.630 Policy and Procedure.

A. 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 eligible employees.

B. Policy. Temporary transitional-duty assignment, when available, are for employees who, because of injury, illness or disability, are temporarily unable to perform their regular assignments but who are capable of performing alternative assignments. Use of temporary transitional duty can provide employees with an opportunity to remain productive and return to work before they have reached maximum medical improvement. This provides a work option for employees who may otherwise risk their health and safety or the safety of others by remaining on duty when physically or mentally unfit for their regular assignment. Therefore, it is the policy of this City that eligible personnel are given a reasonable opportunity to work in temporary transitional-duty assignments where available and consistent with this policy.

C. Definition. As used in this Section, the following term shall have the prescribed meaning:

ELIGIBLE PERSONNEL

For purposes of this policy, any full-time employee suffering from medically certified illness, injury or disability requiring the treatment of a licensed health care provider and who, because of injury, illness or disability, is temporarily unable to perform the regular assignment but is capable of performing alternative assignments.

D. Procedures.

1. General provisions.

a. Temporary transitional-duty positions are limited in number and variety. Therefore:

(1) Personnel injured or otherwise disabled in the course and scope of employment shall be given preference in initial assignment to transitional duty; and

(2) Assignments may be changed at any time, upon the approval of the treating physician, if deemed in the best interest of the employee or the City; and

(3) Eligibility to participate in the program will cease when the employee has reached maximum medical improvement.

b. This policy in no way affects the privileges of employees under provisions of the Family and Medical Leave Act, Fair Labor Standards Act, Americans with Disabilities Act, or other Federal or State law.

c. Assignment to temporary transitional duty shall not affect an employee's pay classification, promotions, retirement benefits or other employee benefits. Workers' Compensation benefits allow for temporary partial disability payments for work-related injuries when the hours and/or wages are reduced.

d. No specific position within this City shall be established for use as a temporary transitional duty assignment, nor shall any existing position be designated or utilized exclusively for personnel on temporary transitional duty.

e. Transitional duty assignments are strictly temporary and normally should not exceed six (6) months in duration. After six (6) months, personnel on temporary transitional duty who are not capable of returning to their original duty assignment shall:

(1) Present a request for extension of temporary transitional duty, with supporting documentation, to the program coordinator; or

(2) Pursue other options as provided by employment provisions of this City or Federal or State law.

f. Law enforcement personnel or temporary transitional duty are prohibited from engaging in outside employment in which they may reasonably be expected to perform law enforcement functions for which they have been determined physically or mentally unable to perform on behalf of this City and that form the basis for their temporary transitional duty assignment.

g. Depending upon the nature and extent of the disability, law enforcement personnel on temporary transitional duty may be prohibited or restricted from wearing the department uniform, carrying the service weapon or otherwise limited in employing police powers as determined by the Mayor and/or Board of Aldermen so long a such limitation is consistent with the provisions of Subsections (D)(2) and (D)(3) of this Section.

h. Transitional duty assignments shall not be made for disciplinary purposes.

i. Employees may not refuse temporary transitional duty assignments that are supported by and consistent with the recommendations of an attending physician or certified health care provider. The City may interpret failure to accept and perform transitional work as a resignation.

j. When an employee has reached maximum medical improvement as determined by an authorized medical care provider, an assessment will be made regarding the employee's ability to perform regular job duties or the duties of a different job with or without a reasonable accommodation.

2. Temporary transitional duty assignments.

a. Temporary transitional duty assignments may be drawn from a range of technical and administrative areas that include, but are not limited to, the following:

(1) Administrative projects (e.g., report review, special projects);

(2) Clerical functions (e.g., filing);

(3) Desk assignments (e.g., booking officer, bookkeeping);

(4) Communications (e.g., complaint taker);

(5) Inspections (e.g., sidewalks, street signs, buildings, equipment);

(6) Updating (e.g., MSDS at various locations);

(7) Painting (e.g., fire hydrants, park benches and equipment);

(8) Community relations (e.g., police and fire community awareness visits); or

(9) Volunteer work at City supported charities (e.g., United Way, senior centers).

b. This City's personnel authority shall maintain an inventory of available job assignments that may be used for temporary transitional duty.

c. In addition to considerations included in (D)(1)(a) of this Section, decisions on temporary transitional duty assignments shall be made based upon the availability of an appropriate assignment given the applicant's knowledge, skills and abilities; availability of transitional duty assignments; and the physical limitations imposed on the employee.

d. Every effort shall be made to assign employees to positions consistent with their position and pay classification. However, where deemed appropriate, personnel may be assigned to positions within other departments and positions designed for personnel of lower rank or pay classification. Employees thus assigned shall:

(1) Retain the privileges of their rank but shall answer to the supervisor of the unit to which they are assigned with regard to work responsibilities and performance; and

(2) Retain the pay classification and related benefits of the position held prior to their assignment to temporary transitional duty.

3. For work-related accidents in which the employee is not immediately released to return to normal duty, the following shall apply:

a. Immediately following treatment the employee should report to his/her supervisor their condition and return to work status.

b. At the earliest possible opportunity, the program coordinator will discuss the case with the physician concerning the course and scope of the treatment. The program coordinator will then discuss with the supervisor the action for the employee's transitional duty.

c. Within the first three (3) days following an accident, the supervisor shall contact the employee and express concern. The supervisor shall also inquire into the employee's ability to return to work.

d. If the employee has not returned to work after three (3) days, the employee's immediate supervisor, with the assistance of the City Administrator/Office Manager, will obtain the employee's permission to contact their doctor to determine the employee's transitional-duty status.

e. If the employee is not able to return to work after three (3) days, then the employee shall call the program coordinator to discuss their transitional-duty status, as soon as possible after each doctor's appointment.

f. If it is determined that the employee may be medially able to perform transitional duty, the essential functions of the job shall be identified by the supervisor and reviewed by the employee, program coordinator and the treating physician to see if a transitional duty assignment can be made. If transitional duty is available, an assignment will be made and the employee must accept the assignment.

4. Request for and assignment to temporary transitional duty for non-work incidents are as follows:

a. Requests for temporary transitional-duty assignments shall be submitted to the employee's immediate supervisor. A statement of medical certification to support a requested reassignment, which must be signed either by the treating physician or other licensed health care provider, must accompany requests. The certificate must include an assessment of the nature and probable duration of the disability, prognosis for recovery, nature of work restrictions and an acknowledgment by the health care provider of familiarity with the transitional duty assignment and fact that the employee can physically assume the duties involved.

b. The request for temporary transitional duty and the physician's statement shall be forwarded to Office Manager/City Administrator, which shall make a recommendation regarding the assignment to the chief executive officer or his or her designate.

(1) This City may require the employee to submit to an independent medical examination by a health provider of the City's choosing. In the event the opinion of this second (2nd) health provider differs from the foregoing health provider, the employee may request a third (3rd) opinion at the employer's expense.

(2) The employee and representatives of the City shall cooperate and act in good faith in selecting any third (3rd) health care provider, and both parties shall be bound by that medical decision.

c. An employee who has not requested temporary transitional duty may be recommended for such assignment by submission of a request from the employee's immediate supervisor. Such a request may be accompanied by an evaluation of the employee conducted by a competent medical authority expressing the need for temporary transitional duty or by a request/order for a medical or psychological fitness-for-duty examination.

(1) Notice shall be provided to the employee of the proposed temporary transitional duty assignment together with justification for the recommendation.

(2) The employee may challenge the proposed reassignment using established City grievance procedures.

(3) Pending results of a grievance procedure, an employee may be reassigned if, in the opinion of the City's chief executive officer, failure to reassign may jeopardize the safety of the employee, other employees or the public.

d. As a condition of continued assignment to temporary transitional duty, employees shall be required to submit to monthly physical assessments of their condition as specified by the personnel authority.