(A) Purpose. The county strives to create a balance between returning employees to work at the earliest date following an injury or illness and the disruption caused by employees returning to work in a limited capacity.
(B) Policy. Employees with a medical limitation expected to last 90 calendar days or less may request to return to work on light or restricted duty. Supervisors/elected officials may use discretion in balancing the benefits and disruptions of returning employees to work at less than full duty. When appropriate, light or restricted duty assignments lasting 90 calendar days or less may be provided subject to approval by the supervisor/elected official.
(C) Procedures.
(1) An injured/ill employee may request return to work on light or restricted duty for up to 90 calendar days. The county has no obligation to create a light or restricted duty position and may deny the request.
(2) Prior to or upon returning to work, the employee must submit a medical release signed by their medical provider which includes:
(a) Medical release to return to work on light or restricted duty based on the employee’s job description;
(b) A list of physical or mental work limitations; and
(c) Expected date of return to work with full recovery based on the employee’s job description.
(3) A supervisor/elected official will not contact the employee’s health care provider. However, a supervisor/elected official may, in consultation with the Human Resources Department, as an employee to provide additional information from the health care provider. If no information is received the request will be denied.
(4) Approval to return to work and work options are as follows.
(a) If a request for light or restricted duty is approved, the supervisor/elected official will provide the employee with written notification outlining the employee’s work related activities consistent with the medical release.
(b) It is the responsibility of the employee to work within the physical limitations specified by the health care provider and to perform only the duties assigned as outlined in the approval letter.
(c) An employee released for full duty will return to the same or a comparable position or to a position with a lower grade at the same rate of pay.
(5) An employee who is unable to return to full duty at the end of the 90-calendar day period to a light or restricted duty assignment may take leave consistent with this policy until medically released for full duty. The employee may consult with the Human Resource Director or designee to discuss other options available under county policy.
(6) An employee who refuses to return to work either in the current position or on light or restricted duty after being released by a health care provider may be terminated unless the employee is entitled to another type of qualifying leave such as FMLA, ADA or sick leave.
(Ord. passed 6- -2019)
Editor’s note:
This section references the Drug Free Workplace Act of 1988.