HomeMy WebLinkAboutSOG 104.02 NEW 4-2012_Modified Duty104.02 —Modified Duty Assignments
Effective: 4/5/2012
Revised:
Replaces:
I. Guiding Philosophy
We are committed to assisting personnel who have suffered injury or illness in returning
to full -duty status as soon as medically possible. We do our best to provide opportunities for
affected members to perform alternate work, on a temporary basis, that is consistent with their
documented medical restrictions. Temporary modified duty assignments are a privilege that can
be helpful to the affected individual, the department and the citizens we serve.
II. Purpose
The purpose of this policy is to provide guidelines for the modified duty assignment of
personnel who have experienced a job-related or non -job-related injury or illness.
III. Goals
The goals of this policy are to:
A. Detail the general guidelines to be adhered to relative to modified duty
assignments.
B. Communicate the responsibilities associated with modified duty assignments.
IV. Definitions
A. Essential Functions — The knowledge, skills and abilities that are fundamental to
a j ob, as defined by the detailed j ob description.
B. Fit for Duty Determination — Medical and/or psychological evaluation(s)
conducted to assure that a firefighter is physically and medically capable of
performing job functions. This process is intended to assure the safety of the
individual, other firefighters and the public. (reference TLGC 143.081—
Determination of Physical & Mental Fitness)
C. Full Du — Ability to completely carry out the essential functions of a particular
job assignment.
D. Modified Duty Assignment — A temporary assignment that may be performed
within the individual's current rank and documented medical restrictions, while
recovering from an injury or illness.
E. Maximum Medical Improvement (MMI) — When a physician determines that
the employee has healed from an occupational or non -occupational injury or
disease to the fullest extent that he/she is expected to heal.
F. Permanently Disabled — Employee whose condition is expected to continue
indefinitely or result in death.
G. Rehabilitation - The physical restoration of an injured worker as soon as
possible and as nearly as possible to a condition of self-support and maintenance
as an able-bodied worker. This can include physical therapy provided on an
inpatient or outpatient basis.
H. Temporarily Disabled - Employee whose condition:
1. Has been reviewed by physician(s) and or qualified medical personnel.
2. Includes a prognosis that anticipates return to full -duty status.
3. May allow return to full duty within the next 90 days.
V. General Guidelines
A. Employees are required to report medical conditions that do not allow them to
perform the essential job functions of their current classification and assignment
to their supervisor.
B. When a member is determined to be temporarily disabled, consideration will be
given to a modified duty assignment.
C. Modified duty assignments may also be considered in cases involving
performance -related issues, including, but not limited to:
1. Fit for Duty Determinations.
2. As required following Safety Committee or Management Team review.
D. The primary basis for determining modified duty assignments will be
departmental needs at the time a modified duty assignment is required/requested.
Other assignment considerations include:
1. Injury/Illness type (on -duty versus off-duty).
2. The employee's restrictions as documented by the treating physician.
3. The employee's knowledge, skills, abilities and experience.
4. Available modified duty assignments.
E. Standard work hours for modified duty assignments will be 0800-1700 hours,
Monday through Friday, with lunch hour from 1200-1300 hours. Exceptions must
be justified in writing and approved by the Fire Chief.
F. Wage and benefit costs of the member assigned to modified duty will continue to
be paid by the Section to which the individual is permanently assigned.
G. Personnel on modified duty assignment must take holidays as they occur.
H. Vacation leave while on modified duty assignment will be administered as
follows:
1. If previously scheduled vacation days (or cycle) begins while an
employee is assigned to modified duty, the number of previously
scheduled vacation days will be taken during this period. (The member
on modified duty assignment may request his/her vacation to be
rescheduled through his/her permanent Deputy/Section Chief, if it can
be accommodated in compliance with R&R 103.OIE-Vacation.)
2. Employees may request to take vacation out of cycle (from a cycle
scheduled later in the year) while on modified duty. Requests should be
routed through his/her modified duty supervisor to the Section Chief
managing the modified duty assignment, and copied to his/her
permanent Deputy/Section Chief.
3. If an employee is assigned to modified duty toward the end of the
calendar year and has annual vacation leave remaining on the books,
he/she will be placed on vacation leave while on modified duty
SOG 104.02 -Modified Duty Assignments Page 2 of 6
assignment to insure all vacation leave will be exhausted prior to the end
of the year.
I. While on modified duty assignment, the member is required to submit updated
status reports from his/her physician after every doctor's visit. Status reports will
be submitted to the Fire Chief s office as soon as possible after the visit. An
updated status report from the physician must include:
1. Prognosis, including any progress made since last visit.
2. Confirmation of previously documented work restrictions or updated
work restrictions.
3. Physical therapy regimen, including daily rehabilitation activities, time
of day activities should occur, and maximum total hours of therapy
allowed per day (as applicable). Unless specifically documented by the
attending physician, a maximum of two (2) hours per work day will be
allowed for physical therapy.
4. Estimated date of return to full -duty status.
J. Members on sick or off-duty injury leave must see their attending physician at
least every 30 days. Timeframes for physician updates may be extended for on -
duty injuries/illnesses if approved by the City Worker's Compensation & Safety
Coordinator.
K. If personnel fail to comply with providing updated medical information in a
timely manner, a counseling and progressive discipline model will be utilized to
achieve compliance.
L. Modified duty assignments are temporary in nature. The standard modified duty
assignment will not exceed 90 calendar days from the date of initial assignment to
modified duty status. Extensions can be requested.
M. Request for Extension Process: Off -Duty Injuries/Illnesses
1. A minimum of 10 days before the 90th calendar day, a member who will
not be able to return to full duty status at the 90 -day mark may present a
written request for extension to the Fire Chief s office that includes:
a. A memo/email from the member detailing the background
concerning the injury/illness, current circumstances and request
for an extension of the modified duty assignment.
b. Supporting documentation from his/her physician, including a
detailed prognosis (including progress made since inception)
and estimated date for return to full -duty status.
2. If the circumstances and prognosis indicate that the member is making
progress in his/her rehabilitation and may be able to return to full -duty
status within the next 90 days, the Fire Chief may submit a justification
to the City Manager requesting consideration for an extension of no
more than 90 additional days.
3. If the individual's extension request is not submitted in a timely manner
or if the circumstances and prognosis DO NOT indicate an ability to
return to full -duty status within the next 90 days (on or before the 180
day mark) the member will be placed on leave. The member will utilize
available accrued leave or other benefits (as applicable and available) to
cover his/her absence.
N. Request for Extension Process: On -Duty Injuries/Illnesses
1. The City Worker's Compensation & Safety Coordinator and Fire
Administration will receive documentation from the physician assigned
SOG 104.02 -Modified Duty Assignments Page 3 of 6
to the worker's compensation claim regarding the individual's
prognosis, progress and estimated return to full -duty status.
2. If the circumstances and prognosis indicate that the member is making
progress in his/her rehabilitation and should be able to return to full -duty
status, the Fire Chief may submit a justification to the City Manager
requesting consideration for an extension of 90 additional days.
3. If the circumstances and prognosis DO NOT indicate an ability to return
to full -duty status, the member will be placed on leave. The member will
utilize available accrued leave and/or worker's compensation or other
benefits (as applicable and available) to cover his/her absence.
O. Individuals who are unable to return to full -duty status at the 180 day mark, will
be considered for a fit for duty determination process by the Management Team.
P. Personnel assigned to modified duty will be coded LD in Firehouse and HTE
payroll system for hours worked during the modified duty assignment.
Q. If the member has exhausted his/her modified duty assignment privilege, he/she
should consider the following options:
1. Bidding on another uniformed position (if eligible and if a suitable
position is open for bid).
2. Utilizing available worker's compensation benefits, if applicable.
3. Utilizing accrued leave time, if available.
4. Utilizing FMLA benefits, if available (see R&R 103.0IKFMLA
Administration).
5. Applying for a disability retirement, if eligible.
6. Applying for a service retirement, if eligible.
7. Being indefinitely suspended/terminated (only option for the department
if all accrued leave time and benefits have been exhausted).
VI. Responsibilities
A. Employee's Responsibilities
1. Know and follow all safety policies and guidelines.
2. Report injury or illness to your supervisor and complete the appropriate
documentation (See R&R 103. 01B Sick & Off -Duty Injury Leave and
R&R 103.01 C On Duty Injury Leave).
3. If medical attention is necessary, inform your doctor that modified duty
opportunities are available.
4. Follow your doctor's orders and restrictions at home and at work.
5. Notify your doctor and Deputy/Section Chief if your condition changes.
6. Keep your Deputy/Section Chief and/or the Fire Chief s office up-to-
date as to your current work status.
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8. Insure follow-up doctor's appointments are kept and that documentation
updating your condition and status is turned in to the Fire Chiefs office
every time you visit. (Persons on modified duty relating to an off-duty
injury/illness must submit status reports at least once every 30 days.)
9. Insure physical therapy appointments are kept and that documentation is
submitted to the Fire Chief s office outlining your rehabilitation regimen
SOG 104.02 -Modified Duty Assignments Page 4 of 6
(per Section V. G.3. of this policy). Updates to your rehab regimen are
required each time the regimen changes.
10. Maintain required training for maintenance of certifications while on
modified duty assignment.
11. Make your modified duty supervisor and Section Chief aware of
previously scheduled vacation that may begin while you are assigned to
modified duty.
B. Employee's Permanent Chain of Command's Responsibilities
1. Insure that personnel under his/her command know and follow all safety
policies and guidelines.
2. Take action to insure personnel under his/her command are competent
and capable of performing the essential job functions for their
classification and assignment.
3. Counsel and recommend discipline for performance-based or behavior -
related issues, as necessary.
4. Insure all affected employees and supervisors are fulfilling their
responsibilities as outlined in this policy.
5. Insure documentation related to illness and injuries is completed
properly and submitted in a timely manner.
6. Communicate updates that are received on the employee's condition
through the chain of command.
7. Email vacation days currently scheduled for persons assigned to
modified duty to the modified duty supervisor and Fire Administration
to assist in proper administration.
C. Modified Duty Supervisor's Responsibilities
1. Review the physician's documented work restrictions. Do your best to
insure the employee works within his/her documented restrictions while
at work.
2. On the first day, meet with the employee to communicate and agree on
performance expectations for the modified duty assignment. Provide
training, if needed.
3. Monitor the employee to prevent re-injury or aggravation and to insure
the work being performed is consistent with expectations.
4. Provide support and encouragement to the employee.
5. Insure the affected employee(s) are fulfilling their responsibilities as
outlined in this policy.
6. Counsel and recommend discipline for performance-based or behavior -
related issues, as necessary.
7. Monitor and document the employee's progress towards recovery.
8. Insure proper coding of the individual's hours worked in Firehouse and
HTE payroll systems.
9. Email a status report to the employee's permanent and modified duty
chain of command and copy the Fire Chief s secretary every 30 days,
detailing performance for the period and observable progress towards
recovery.
10. Email total days of vacation used while on modified duty to the
employee's permanent chain of command when the modified duty
assignment is complete to assist in proper administration.
D. Section & Branch Chief s Responsibilities
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1. Maintain a continual awareness of needs within his/her section/branch
that can be fulfilled with modified duty personnel.
2. Insure all affected personnel and supervisors are fulfilling their
responsibilities as outlined in this policy.
3. Counsel and recommend discipline for performance-based or behavior -
related issues, as necessary.
4. Insure status reports are submitted by modified duty supervisors every
30 days.
5. Review employee's leave balance and previous leave scheduling when
an employee returns to full -duty status and his/her permanent
assignment. Update schedules as necessary.
E. Management Team Responsibilities
1. Insure this policy is properly and consistently implemented.
2. Consider and make recommendations for revisions to this policy, as
required.
3. Consider cases involving modified duty assignments, fit for duty
determination procedures, or discipline recommended by supervisors,
and make recommendations to the Fire Chief.
F. Administration & Finance Section Chief s Responsibilities
1. Insure transfers are appropriately processed and completed in a timely
manner. For modified duty assignments this could include, but is not
limited to:
a. Generate Personnel Action Form (PAF) to include conversion of
leave accruals, updated hourly rate, assignment pay initiation/
termination, bi-weekly hours, pay distribution number
b. Update HTE payroll hours entry
c. Update Firehouse to include Scheduling Module and Staff Module -
Other History
d. Update Payroll Data Folder
e. Update Kelly Day Folder
f. Update Mass Notification System software — email City
Emergency Management for shift changes
2. Communicate effectively with Management Team members to insure
transfers are processed smoothly.
3. Insure proper coding of modified duty personnel hours worked in
Firehouse and HTE payroll systems.
G. Fire Chief s Responsibilities
1. Insure this policy is properly and consistently implemented.
2. Approve modified duty assignments.
3. Consider and provide disposition on exceptions.
4. Insure modified duty assignment details are communicated to the
individual, necessary supervisors and support staff.
5. Consider and approve revisions to this policy.
6. Consider recommendations from the Management Team relative to
modified duty assignments, fit for duty determination processes, or
recommended discipline, provide dispositions, and insure necessary
follow-up actions are taken.
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