Transitional Return to Work Policy

I. AUTHORITY

The Transitional Return to Work Policy for the Division of Administration (DOA) has been established in accordance with the following regulations:

• Office of Risk Management (ORM) [La. R.S. 39:1547 and Insurance Information Notice 2025-3]
• R.S. 23:1020.1(B)(3); R.S. 23:1020.1(C)(2); R.S. 23:1226 of the Louisiana Workers' Compensation Law
• Americans with Disabilities Act (ADA), as amended [29 CFR 1630.1 – 1630.16]
• DOA Personnel Policy 28

II. OVERVIEW

The goal of ORM's Transitional Return to Work Program is to assist employees who are injured on-the-job in returning to work as soon as medically possible within the physical restrictions determined by their physician until they are capable of returning to regular duty. This may be achieved through temporary modification of the injured employee's job tasks, equipment or work schedule, as appropriate.

More expansively, the ADA requires employers, upon request, to provide workplace modifications, known as reasonable accommodations, to assist an employee with a disability in performing the essential functions of their job. The disability need not have occurred as a result of an on-the-job injury. Thus, DOA has an obligation to all employees, regardless of the cause of their medical condition, to provide reasonable accommodation to facilitate their expedient return to work.

III. PROCEDURE

1. CLAIMS REPORTING: Upon experiencing a workplace injury/illness, employees shall immediately notify their supervisor and the assigned Section Safety Manager for their DOA Office. In turn, the Section Safety Manager is responsible for:
   1. Completing the State Employee Incident/Accident Investigation Form (DA 2000); and,
   2. Electronically reporting the workers' compensation claim via ORM's Third Party Administrator's (TPA) online claims management system no later than 5 days after the injury or knowledge thereof.
2. MEDICAL LIMITATIONS: If the workplace injury/illness results in “lost time,” meaning the employee is unable to work, the Section Safety Manager shall provide the employee with a Physician’s Modified Work Information Sheet for completion by the employee's healthcare provider. Employees have the right to seek medical treatment from a healthcare provider of their choice for a work-related injury/illness.

   The injured employee is responsible for remitting the Physician’s Modified Information Sheet to Human Resources within 24 hours of receipt of the signed form from their treating physician.

3. ADA INTERACTIVE PROCESS: Upon receipt, Human Resources shall consider a completed Physician’s Modified Work Information Sheet to also be an ADA accommodation request. Such documentation shall substitute for any department-specific Request for Accommodation and/or Medical Inquiry forms. Based on such documentation, Human Resources shall initiate the interactive process with the employee in order to fully understand their functional limitations and to discuss possible accommodation(s), if available, that would facilitate the employee’s return to duty status. The accommodation analysis and procedure shall be in accordance with the agency’s ADA policy mandated by La. R.S. 46:2594, which is DOA Personnel Policy No. 28.
4. ACCOMMODATION DETERMINATION: The final determination regarding the employee’s return to duty status, consistent with identified medical restrictions, shall be made by the Appointing Authority. This determination will be made in accordance with ADA requirements and considerations including: the employee’s ability to perform the essential functions of the job; the nature, extent and duration of accommodation(s) needed; whether such accommodation(s) are reasonable; and whether the accommodation(s) would impose an undue hardship on the agency.
   • NOTE: The ADA does not require removal or suspension of the essential functions of the employee’s customary job, displacement of an existing employee, or creation of a new position as a reasonable accommodation for an employee with a disability.

IV. VOCATIONAL REHABILITATION

ORM, through its TPA, provides a Return-to-Work Coordinator who is a licensed vocational rehabilitation specialist to serve as a liaison between employees injured on the job and agencies, if warranted, on matters related to disability management and return to work planning. This RTW Coordinator works with the employee (or legal representative) and agency representatives to facilitate the employee’s return to work, to include communicating with medical providers and providing progress reports to agency personnel. The RTW Coordinator is responsible for ensuring that vocational rehabilitation standards are adhered to as required by law.

V. LOSS PREVENTION AUDITS

For purposes of the annual loss prevention audit, the Division of Administration must maintain the following documentation throughout the audit year for all work-related injuries:

1. A completed Transitional Return to Work Audit Form (DA WC4000) for work-related injuries to record the status of its Return to Work Program for each month; and
2. All completed Physician’s Modified Work Information Sheets received by Human Resources.

VI. QUESTIONS

Questions regarding this policy should be directed to the DOA Safety Coordinator in the Office of State Buildings at (225) 219-4795.