Early Return to Work

EARLY RETURN TO WORK PROCEDURE

A. DETERMINATION OF EMPLOYEE'S INABILITY TO PERFORM THE ESSENTIAL DUTIES OF HIS/HER PERMANENT POSITION

1. When, as a result of an on-the-job injury, an employee has stated an inability to perform the essential functions of his position or has been absent from work for 5 days, the section head will initiate an investigation into the employee's ability to perform the essential duties of his/her position. The section head will:
   1. Complete the List of Essential Duties, OF-750, relative to the employee's position, and
   2. Attach the completed List of Essential Duties (OF-750) to the Physician's Certification, OF-752, and
   3. Provide these documents to the employee, requesting the return of the completed forms within 15 days of the employee's receipt of the document.
2. Upon receipt of the completed Physician's Certification (OF-752) and List of Essential Duties (OF-750), the employee's section head and supervisor will review the documents to determine if restrictions to duties are indicated. If there are restrictions, they will assess how such restrictions are likely to impact the employee's ability to perform his/her duties. If questions exist as to such ability, the employee's section head (with assistance from the Office of Personnel Services) will communicate with the employee's physician.
3. The employer reserves the right to obtain a second medical opinion on the employee's condition at the employer's expense.

B. INITIAL CONSIDERATION OF ACCOMMODATION

1. If the section head determines that the employee is not able to perform the essential duties of his/her permanent position without restriction, then, in conjunction with the employee's supervisor and the Office of Personnel Services, he/she will utilize all information obtained to determine whether the employee is able to:
   1. Return to work with a temporary (six months or less) modification of duties and a full schedule, or
   2. Return to a work without modification of duties but a less-than-full schedule, or
   3. Return to work with a temporary modification of duties and a less-than-full schedule, or
   4. Return to work in a different position on a temporary basis, not to exceed 6 months.
2. If A, B, or C becomes an alternative, the section head together with the supervisor will determine whether the employee's position duties or schedule can be altered on a temporary basis. Consideration will be given to:
   1. The severity of the employee's condition and the extent to which his or her ability to work is impaired, and
   2. Whether the employee's condition is temporary or permanent, and if temporary, for what duration it is expected to continue, and
   3. The extent to which regular job duties or hours may be temporarily altered to permit the employee to return, and
   4. The impact of any alteration in hours or duties on the productivity, workload, or work environment of other employees, and
   5. The availability of alternative work assignments.
3. If the employee's section head decides that a position with modified duties and/or modified schedule could be offered, he/she must notify the Appointing Authority and the Office of Personnel Services of the nature of the modification. The Office of Personnel Services will address human resources concerns such as classification issues and will provide the Appointing Authority with a recommendation as to whether or not the modification complies with Civil Service Rules and guidelines.
   
   The Appointing Authority makes the final determination to offer or not offer a modified position/schedule to the employee.

C. SECONDARY CONSIDERATION OF ACCOMMODATION BY APPOINTING AUTHORITY

1. In the event that the employing section cannot offer a modified position/schedule to the employee, it must notify the Appointing Authority and Director of the Office of Personnel Services and submit written reasons for the determination. A review of the determination will be made by the Appointing Authority with consultation from the Office of Personnel Services and representatives of the sections involved.
   
   Where the Appointing Authority decides that the employing section cannot offer a modified position or a different position to the employee in compliance with his/her physical capabilities (either by his/her own decision or upon affirmation of the section heads recommendation), the Appointing Authority may delegate a representative to seek a position within the whole of DOA which the employee can perform while subject to work restrictions. The delegated representative shall report directly to the Appointing Authority and will receive support and assistance from the following:
   1. The injured employee, and
   2. Staff from the Office of Personnel Services, and
   3. Section heads, and
   4. The DOA Safety Coordinator.
2. The delegated representative will review the information gathered by the section head regarding the employee's ability to perform various tasks. The delegated representative will evaluate positions within the Division of Administration which may be available for placement of the employee on a temporary basis and must assure that:
   1. The employee meets the Civil Service Minimum Qualification Requirements of the position job title.
   2. The position is allocated, budgeted, vacant, and not filled by detail to special duty.
   3. The section where the position is located has a need for the vacancy to be filled.
   4. The employee has his/her physician complete the Physician's Certification (OF-752) which has attached the List of Essential Duties (OF-750) of the position the delegated representative is considering for the employee.
   5. Based on all information gathered, the delegated representative believes that the employee can perform the duties of the position without harm to him/herself or others.
3. The delegated representative will discuss the possibility of the employee's temporarily occupying the position with the section head of the section where the position is located.
   1. In the event that the section head does not feel he/she can offer the position to the employee he/she must submit written reasons for the determination to the delegated representative for presentation to the Appointing Authority.
   2. In the event that the section head is able to make an offer of a position to the employee, he/she shall so indicate to the delegated representative. The delegated representative will make a report to the Appointing Authority indicating the selected position, the acceptance of the section head, and the intent to make the offer to the employee.
   3. The delegated representative will work with the Office of Personnel Services to assure that all technical details regarding the temporary appointment are in order.
   4. Upon approval by the Appointing Authority, the Office of Personnel Services, the section head offering the position, and the current supervisor arrange a meeting with the employee to make the offer and answer questions.

D. FINAL CONSIDERATIONS

1. In the event an employee refuses a modified position or reassignment to duties that are within the employee's capabilities to perform, the employer is not obligated to provide alternatives. The employee must submit in writing his/her refusal of a proposed modified position or reassignment of duties.
2. It is the policy of the DOA generally not to allow overtime status to individuals working under this program; however, it shall be at the employing unit's discretion as to whether the employee's restrictions permit overtime work.
3. Implementation of this policy is the responsibility of the DOA; however, it will require cooperation among section heads, Office of Personnel Services staff, legal staff, the employee and his/her physician.
4. DOA receives an annual premium assessment for Worker's Compensation costs. This premium is based on both employee exposure and claims experience and is allocated to sections. Thus there is an incentive for sections to reduce Worker's Compensation lost-time payment costs.

Physician Certification Form (PDF)

List of Essential Duties (PDF)