[Ord. No. 03-41 §1(I), 12-16-2003]
It is the purpose of this Article to establish the authority
for temporary transitional duty assignments and procedures for granting
temporary transitional duty to eligible employees.
[Ord. No. 03-41 §1(II), 12-16-2003]
Temporary transitional duty assignments, 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 be given a reasonable
opportunity to work in temporary transitional duty assignments where
available and consistent with this policy.
[Ord. No. 03-41 §1(III), 12-16-2003]
As used in this Article, the following words shall have the
meanings set out below:
For purposes of this policy, any 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 temporary alternative assignments.
The point at which an injured employee has received the maximum
therapeutic benefit from medical treatment.
[Ord. No. 03-41 §1(IV), 12-16-2003]
A.
General Provisions.
1.
Temporary transitional duty positions are limited in number and variety.
Therefore,
a.
Personnel injured or otherwise disabled in the course and scope of
employment shall be given preference in initial assignment to transitional
duty; and
b.
Assignments may be changed at any time if deemed in the best interest
of the employee or the City while keeping within the medical restrictions;
and
c.
Eligibility to participate in the program will cease when the employee
has reached maximum medical improvement.
2.
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.
3.
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.
4.
Transitional duty assignments are strictly temporary and normally
should not exceed ninety (90) days in duration. After ninety (90)
days, personnel on temporary transitional duty who are not capable
of returning to their original duty assignment shall:
5.
Transitional duty assignments shall not be made for disciplinary
purposes.
6.
Employees may not refuse temporary transitional duty assignments
that are supported by and consistent with the recommendations of a
City selected physician. The City may interpret failure to accept
and perform transitional duty work as a resignation, unless the employee
has pursued other options as provided by the employment provisions
of this City or Federal or State law.
7.
When an employee has reached maximum medical improvement as determined
by a City selected physician, an assessment by the personnel authority
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.
B.
Temporary Transitional Duty Assignments.
1.
Temporary transitional duty assignments may be drawn from a range
of areas that include, but are not limited to, the following:
a.
Administrative projects (e.g. special projects),
b.
Clerical functions (e.g. filing, data entry),
c.
Desk assignments (e.g. booking officer, bookkeeping),
d.
Communications (e.g. complaint taker, answering telephones),
e.
Inspections (e.g. sidewalks, street signs, buildings, equipment,
job sites),
f.
Updating (e.g. MSDS at various locations),
g.
Painting (e.g. fire hydrants, park benches and equipment),
h.
Community relations (e.g. community awareness visits or projects),
i.
Volunteer work for City supported charities (e.g. senior center).
2.
This City's personnel authority shall maintain an inventory of available
job assignments that may be used for temporary transitional duty.
3.
In addition to considerations included in this policy, 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 by
the City selected physician.
4.
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 designated for personnel of lower rank or pay classification.
Employees thus assigned shall:
a.
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
b.
Retain the pay classification and related benefits of the position
held prior to their assignment to temporary transitional duty as controlled
by the employment provisions of the City.
C.
For
work-related accidents in which the employee is not immediately released
to return to normal duty, the following shall apply:
1.
Immediately following treatment, the employee should report to the
City Administrator their condition and return to work status.
2.
At the earliest possible opportunity, the program coordinator will
discuss the case with the physician concerning the course and scope
of the treatment and the ability of the employee to perform transitional
duty. The program coordinator will then discuss with the City Administrator
the employee's transitional duty assignment.
3.
Within the first three (3) days following an accident, the program
coordinator shall contact the employee and inquire into the employee's
ability to return to work.
4.
If the employee has not returned to work after three (3) days, then
the program coordinator shall call the doctor and the employee to
check the employee's transitional duty status.
5.
If the employee is not able to return to work after three (3) days,
then the employee shall call the program coordinator to discuss the
employee's transitional duty status and present the work status report
provided by the treating physician, immediately following each doctor's
appointment.
6.
If it is determined that the employee may be medically able to perform
transitional duty, the essential functions of the transitional duty
shall be identified by the program coordinator and reviewed with the
employee.
D.
Requests For And Assignment To Temporary Transitional Duty For Non-Work
Conditions.
1.
Requests for temporary transitional duty assignments shall be submitted
to the City Administrator. Requests must be accompanied by a statement
of medical certification to support a requested reassignment, which
must be signed by the treating physician. 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 the fact that the employee can physically assume the
duties involved.
2.
The request for temporary transitional duty and the physician's statement
shall be forwarded to the City's designated personnel authority who
shall make a recommendation regarding the assignment to the City Administrator
or his designate.
a.
This City may require the employee to submit to an independent medical
examination by a physician of the City's choosing. In the event the
opinion of this City selected physician differs from the foregoing
health provider, the employee may request a third (3rd) opinion at
the employer's expense.
b.
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.
3.
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 must 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.
a.
Notice shall be provided to the employee of the proposed temporary
transitional duty assignment together with justification for the recommendation.
b.
The employee may challenge the proposed reassignment using established
City grievance procedures.
c.
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 or health of the employee, other
employees or the public.
4.
As a condition of continued assignment to temporary transitional
duty, employees shall be required to submit to periodic physical assessments
of their condition as specified by the personnel authority.
E.
Pregnant Employees.
1.
Pregnant employees are eligible for temporary transitional duty assignments
as available and as appropriate to their physical capabilities and
well-being.
2.
Where appropriate temporary transitional duty assignments are unavailable,
pregnant employees may pursue other forms of medical, disability or
family leave (FMLA) as provided by this City and State or Federal
law.
3.
On at least a monthly basis, pregnant employees shall submit physician's
medical certificates that document:
4.
Pregnant employees shall be permitted to continue working on regular
duty or temporary transitional duty assignments as long as they present
monthly physician certificates or until such time as a physician recommends
that work be curtailed.
