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HomeMy WebLinkAboutResolution No. 351-17 - LightDuty/ReturnToWorkPolicy RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City adopt a Light-Duty/Return-to-Work personnel policy. A copy of the policy is attached. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2017. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2017. ________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Res15\\Adopt\\PersPolicy.LightDuty1 Light-Duty/Return to Work Policy (Work-Related Injuries) Purpose The City of Rochester recognizes the need to provide a safe and secure working environment for all employees and to support employees who experience a work-related injury or occupational illness. With that in mind, the encourages the implementation and administration of a return-to-work program that returns employees to safe and productive employment as soon as medically possible following a work-related injury or illness. Light-duty work assignments for non-work related injuries or illness may be granted; however, this is done so at the sole dis- cretion of the employer. This policy is not intended to supersede or modify the procedures applicable to employees eligible for reasonable accommodation or provisions under federal/state law such as: the Americans with Disabilities Act (ADA) or Family and Medical Leave Act (FMLA). Furthermore, this policy is not intended to be a contractual commitment or a guarantee of continuity of benefits or employment rights. Eligibility This policy applies to all full- and part-time employees who experience an injury or occupational illness that arises in the course and scope of employment with the City of Rochester. Light-Duty Work Program The City defines light-duty work as temporary, modified work assignments which are compatible with an employ- ee’s work restrictions until such employee is able to resume regular position responsibilities. When possible, light- duty work assignments will be made available to injured employees to minimize or eliminate time lost from work. However, light-duty work assignments are not guaranteed, but based on several factors including, but not limited to: availability of work, consideration of the employee’s work restrictions, and organizational needs. When an employee temporarily cannot perform the duties of their job due to an injury or illness and has been re- leased to work with restrictions by a medical provider, a light-duty work assignment will be considered by the em- ployee’s supervisor and Human Resources. In most cases, a light-duty work assignment will not last longer than ninety (90) calendar days; however this timeframe will be re-evaluated if the injured employee has not been medi- cally cleared to return to their normal work duties by this time. An extension of the light-duty assignment may be considered if the employee shows improvement or continues to have the medical restrictions modified/removed. A light-duty work assignment may be within the employee’s home department or in another department. A modi- fied light-duty assignment in another department does not constitute a transfer to that position. The employee’s home department is responsible for an employee’s salary and benefits while the employee is working in a light- duty assignment with another department. If the assignment is with another department, that department will re- port the hours worked to the employee’s home department. Work hours/days may be altered or limited to meet an employee’s work restrictions. In the event an employee refuses light-duty work that falls within work restrictions, the City is not obligated to provide an alternative position. In such cases, the City will notify the worker’s compensation administrator of the employee’s refusal of the light- duty work. If provided light-duty work, the employee is responsible for ensuring personal work restrictions are adhered to. Employees who knowingly exceed their designated work restrictions, or who fail to comply with City’s worker’s compensation administrative procedures, may be subject to disciplinary action. Policy Created June 2017 Conditions for Changing a Light-Duty Assignment A light-duty work assignment may end if: 1. The employee’s medical provider releases the employee to return to work without restrictions. 2. The employee is given permanent restrictions that prevent a return to the regular position. 3. The assignment is no longer available, or other conditions require the department to end the assignment. 4. The employee’s claim for worker’s compensation benefits are denied. 5. The employee separates from employment or retires. A light-duty assignment may extend beyond ninety days if: 1. The employee remains unable to perform the duties of their regular position, 2. The employee returns to work at his/her regular position but again becomes temporarily unable to perform duties of the position. 3. The City’s worker’s compensation administrator recommends the extension. 4. Different tasks are assigned to the employee and/or the department where work is performed has changed. At such time as an employee’s physical condition is deemed “permanent” and the condition requires permanent restrictions, a doctor’s report must be provided to HR Benefits Administrator. Positions may be re-evaluated to determine if the employee’s permanent restrictions will allow for filling a different position within the City or if the regular position can be permanently modified to accommodate the restriction. The City reserves the right to offer employees any vacant position within the organization that meets the medical restrictions established by the em- ployee’s medical provider. Compensation adjustments may be made to coincide with the pay requirements for the reassigned position. If the employee refuses to accept the new position and compensation, employment with the City will end. Policy Created June 2017