§ 2-423. Temporary transitional duty.

Temporary transitional duty assignments, when available, are for employees who, because of injury, illness, or disability, are temporarily unable to perform their regular duty assignments, but who are capable of performing alternative assignments. The purpose is to insure that employees who have incurred a disabling medical condition adhere to all medical restrictions imposed by their physicians or other attending medical authority for their own personal wellbeing and rehabilitation and to have employees in these situations comply with applicable restrictions to minimize or eliminate the risk of unnecessarily jeopardizing the safety of the employees as well as the safety of the general public. The goal is to return the injured employee to a work situation as soon as possible following an accident, illness or injury. Therefore, it is the policy of the City of Effingham that eligible personnel be given reasonable opportunity to work in temporary transitional duty assignments where restrictions can be reasonably accommodated consistent with this policy.

A.

General Provisions: Temporary transitional duty positions are limited in number and variety. Therefore:

1.

Due to the nature of certain injuries, temporary transitional duty assignments are at the discretion of the City and will be made available when the restrictions can be reasonably accommodated. The basis for consideration will be the extent to which the above purposes can be met by the temporary transitional duty assignment. The decisions shall include consideration of the current availability of and need for temporary transitional duty assignments. Other considerations such as the needs of each department with respect to personnel shortages and anticipated duration will be evaluated. Personnel injured or otherwise disabled in the course and scope of employment shall be given preference in initial assignment to transitional duty.

2.

Upon determination of the actual duty assignment, the employee shall receive a written notice of the proposed temporary transitional duty assignment. The notice must be signed by both parties to indicate agreement with the contents thereof. By signing the notice, both the employee and department head acknowledge they will not violate the medical restrictions as outlined in the Physician's Return to Work Form. Corrective action will be pursued when restrictions are violated. A copy of the Temporary Transitional Duty Notice Form is attached and made a part of this policy.

3.

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.

4.

Employees on a temporary transitional duty assignment will be subject to City and Departmental policies, procedures and regulations.

5.

The City has the right to terminate the temporary transitional duty assignment based on performance issues or inability to do the job.

6.

The wearing of the department uniform by sworn personnel shall be at the discretion of the Fire or Police Chief and shall be based on the employee's medical restrictions and concerns for safety.

Restrictions of law enforcement powers by sworn personnel may be limited at the discretion of the Police Chief on the basis of the employee's medical restrictions and the employee's safety. These restrictions may include:

I.

The withdrawal of the right to carry weapons.

II.

The right to carry or display police identification, etc.

III.

Uniforms worn outside of the Police Station. This should avoid any situations where an employee is seen in uniform and may be expected by the public to perform the full range of police duties, which functions the employee may be unable to perform properly.

7.

Eligibility to participate in the program will cease when the employee has been released by their physician to return to their full-duty regularly assigned job or have reached the point at which they have received the maximum therapeutic benefit from medical treatment.

8.

No specific position within the 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.

9.

Transitional Duty assignments are strictly temporary and normally should not exceed ninety (90) days duration. After ninety (90) days, personnel on temporary transitional duty who are not capable of returning to their original duty assignment shall:

i.

Present a request for an extension of temporary transitional duty (not to exceed an additional ninety (90) days), with supporting documentation, to the City Administrator; or

ii.

Pursue other options provided by employment provisions of the City, State, or Federal law.

10.

Employees may not refuse temporary transitional duty assignments that are supported by and consistent with the recommendations of a physician, unless the employee is also on FMLA leave at the time, in which case the employee may choose to remain on FLMA until expiration of FMLA or until released to perform their regular job duties, whichever first occurs. The City may interpret failure to accept and perform transitional duty work benefits as a resignation, unless the employee is covered by FMLA and chooses not to return to light duty work. While an employee is on approved FMLA leave, he/she has the option of refusing a temporary transitional duty assignment, but if the employee receiving temporary total disability payments from workers' compensation, these payments will cease upon the employee's refusal to accept temporary transitional duty.

11.

When an employee has reached maximum medical improvement as determined by their physician or a City selected physician, an assessment by the department head and City Administrator will be made regarding the employee's ability to perform their regular job duties or the duties of a different job with or without reasonable accommodation. Reasonable accommodations will be made only if the employee has a disability (as defined in the Americans with Disabilities Act).

12.

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

i.

Shall answer to the supervisor of the department to which they are assigned with regard to work responsibility and performance.

B.

Policy Does Not Affect Other Provisions: 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 and State Law.

There shall be no restrictions on, or denial of, pay raises, promotions, longevity pay or retirement benefits while on temporary transitional duty status. However, if the employee is transferred to a different position after expiration of temporary transitional duty due to restrictions that prohibit the employee from performing his/her previous job duties, the employee's pay may be adjusted accordingly as determined by the new position in which the employee is placed.

C.

Requests for Temporary Transitional Duty: Requests for temporary transitional duty shall be submitted to the employee's department head, who will then forward the request to the City Administrator, or in the case of an employment related injury, illness, or disability the City Administrator or department head may request the assignment of said duty. 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 employee can reasonably physically assume the duties involved. An employee's job description or departmental form will be sent to the treating physician's office for review.

(Ord. No. 42-2017 , § I(Exh. A), 7-5-2017)

Editor's note— Ord. No. 42-2017 , § I(Exh. A), adopted July 5, 2017, repealed the former § 2-423 and enacted a new section as set out herein. The former § 2-423 pertained to similar subject matter and derived from Ord. No. 72-2011, § I(Exh. A), adopted Dec. 20, 2011.

Note— The forms referenced herein, including the temporary transitional duty notice, are on file in the offices of the city.