Transitional Duty for Employees with Temporary Medical Restrictions

1.0 SUBJECT TITLE: Transitional Duty for Employees with Temporary Medical Restrictions

2.0 PURPOSE:

To establish uniform requirements for transitional duty. Transitional duty consists of short-term work assignments for employees who have temporary medical restrictions precluding them from performing one or more essential job functions.

3.0 ORGANIZATIONS AFFECTED:

This policy affects all King County Executive Branch departments, divisions and agencies and, in addition, any non-Executive Branch King County Departments adopting this policy.

4.0 REFERENCES:

4.1 Department of Executive Services “Disability Accommodation in Employment Policy” PER 22-4-2 (AEP)

4.2 Department of Labor and Industries Claims Administration Policy 5.15 of September 15, 2003, “Adjudicating Transitional Job Offers and Eligibility for Time-Loss Compensation and Loss of Earning Power Benefits”.

4.3 Family Medical Leave Act of 1993

4.4 King County Personnel Guidelines of October 1, 2000, Section 12.5 “Limited Duty Assignment due to Pregnancy”

4.5 King County Personnel Guidelines of October 1, 2000, Section 14.4 “Leave for Employee Illness and Family Reasons”

4.6 Revised Code of Washington 51.32.090 “Temporary Total Disability”

4.7 United States Equal Employment Opportunity Commission Enforcement Guidance, “Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act”

4.8 Washington Administrative Code, 162-22-065 “Employment—Handicapped Persons”

5.0 DEFINITIONS:

5.1 "Essential Function" A fundamental job duty.

5.2 "Transitional Duty" Short-term work assignments for employees who have temporary medical restrictions precluding them from performing one or more essential job functions. Transitional duty assignments involve restricted duty and may include alternative duty.

5.2.1 "Restricted Duty" The short-term elimination of job functions the employee is unable to perform due to temporary medical restrictions.

5.2.2 "Alternative Duty" Consists of duties that are not part of the employee's regular body of work.

5.3 "Alternative Work Job Analysis" A listing of the alternative duties and the physical demands they involve.

5.4 "Claims Office Staff" An employee working within the Workers Compensation Claims Section, Human Resource Management Division, Department of Executive Services.

5.5 "Department Representative" The employee's supervisor, human resources representative, or a designated transitional duty coordinator for the employee's department.

5.6 "Disability Services Staff" An employee working within the Disability Services Programs of either the Department of Executive Services or the Transit Division, Department of Transportation.

5.7 "Occupational medical condition" An injury or illness that is work-related and for which a Worker's Compensation Claim has been filed. This definition does not apply to conditions for which a claim was filed and denied.

5.8 "Non-Occupational medical condition" An injury or illness that is not work-related. This applies to injuries and illness for which a Worker's Compensation claim was filed if the claim was denied.

5.9 "Medical restriction" A limitation of a physical, sensory, or mental nature that is documented by a licensed health care provider. The restrictions may be the result of occupational or non-occupational medical conditions. Non-occupational medical conditions include injuries or illness resulting from, or occurring during pregnancy, but not pregnancy itself. (Refer to the King County Personnel Guidelines for information on limited duty assignments due to pregnancy, or King County Code section 3.12.247.)

5.9.1 "“Temporary medical restriction” A medical restriction that is the result of a condition that is predicted by the health care provider to improve or resolve within six months.

5.9.2 "Prolonged medical restriction” A medical restriction that is predicted by a health care provider to be present for over six months. 5.2.3 "“Irreversible medical restriction” A medical restriction that is documented as not being permanent since the underlying medical condition is not expected to improve, but may worsen.

5.2.4 "Permanent medical restriction” A medical restriction that is fixed and stable as documented by a licensed health care provider.

6.0 POLICIES:

6.1 PROVIDING TRANSITIONAL DUTY

6.1.2 Transitional duty may be offered when all of the following conditions are met:

6.1.2 (a) The Disability Services staff, Claims Office staff, and/or a department representative receives temporary medical restrictions written by a licensed health care provider; and

6.1.2 (b) It has been determined that the temporary medical restrictions cannot be reasonably accommodated and the employee is unable to perform one or more essential functions of their job as a result; and

6.1.2 (c) It is possible and reasonable to temporarily remove one or more essential job functions from the employee’s body of work.

6.1.3 When transitional duty is available, it will be offered for a defined time period no longer than six months. The length of transitional duty is determined by:

6.1.3 (a) considering how long it is feasible for the department to provide it; and

6.1.3 (b) the duration of the employee's temporary medical restrictions

6.1.4 Transitional duty may be offered for a shorter period of time than the predicted duration of the employee's temporary medical restrictions.

6.1.5 Transitional duty that includes alternative duty may be offered under the following circumstances:

6.1.5 (a) alternative duty is available; and

6.1.5 (b) the duties enable the employee to work within their temporary medical restrictions; and

6.1.5 (c) funding for the performance of the duties is available; and

6.1.5 (d) the provision of work is not in violation of any collective bargaining agreements.

6.1.6 An employee may perform alternative duty in a department other than their regular department when all of the above criteria are met.

6.2 MEDICAL RESTRICTIONS EXCEEDING SIX MONTHS

6.2.1 In cases where it becomes known that an employee’s restrictions will exceed six months, Disability Services must be notified.

6.2.2 No transitional duty will exceed six months without current medical restriction documentation and written authorization from Disability Services.

6.2.3 Employees who are unable to return to their regular jobs due to permanent, prolonged, or irreversible medical restrictions are not eligible for transitional duty but may be eligible for Reassignment Services as outlined in the Disability Accommodation in Employment policy. These employees must be promptly referred to Disability Services.

6.3 FMLA/KCFML PROVISIONS

6.3.1 When offering transitional duty to employees eligible for leave under the Family Medical Leave Act (FMLA) and/or leave under the King County Family Medical Leave Act (KCFML) the following provisions apply:

6.3.1 (a) Employees cannot be required to accept a transitional duty assignment in lieu of protected leave time. Employees eligible for FMLA/KCFML who opt to accept an offer of transitional duty assignment do not waive their rights to restoration to their position by participating in transitional duty.

6.3.1 (b) Employees eligible for FMLA/KCFML who are restricted to working on part-time or intermittent basis may be required to accept alternative duty for the hours they are released to work if the alternative duty better accommodates their temporarily modified schedule than their regular position. When alternative duty is required of the employee under these circumstances, the alternative duty must have equivalent pay and benefits in accordance with the requirements of FMLA and KCMFL.

6.4 BENEFITS

6.4.1 Regardless of FMLA and KCFML eligibility, employees who are eligible for transitional duty may be found ineligible for continuing Workers’ Compensation time loss and/or Long Term Disability compensation benefits if they do not participate in the transitional duty that has been offered to them.

6.4.2 Benefits eligibility is the same for transitional duty as it is for regular duty.

7.0 PROCEDURES:

Action By: the employee

Action:

7.1 Employees who have temporary medical restrictions impacting their ability to perform one or more essential functions of their job are required to submit the restrictions to:

7.1.1 Their Claims Officer if they have a Workers' Compensation claim.

7.1.2 If there is no Workers' Compensation claim and the employee is a current client of Disability Services, the restrictions are to be submitted to Disability Services.

7.1.3 If neither of the above apply, the restrictions are to be submitted to the employee's Department Representative.

7.2 When documented medical restrictions change or are extended, it is the employee’s responsibility to provide the documentation to the appropriate contact as listed above.

7.3 Employees are responsible for performing transitional duty work as assigned and adhering to all work rules pertaining to attendance and conduct.

7.4 An eligible employee may opt to take FMLA or KCFML instead of performing transitional duty. In this case, an employee must notify their supervisor prior to the start of their transitional duty, or upon making the decision to take leave.

7.5 Employees who are experiencing difficulties performing their transitional duty assignments are to notify their transitional duty supervisor or Disability Services immediately.

Action By: the employing department's representative, or the Disability Services staff

Action:

7.6 When an employing department representative needs assistance with the identification and provision of transitional duty, Disability Services is the contact for assistance. The Disability Services staff assists with the arrangements and necessary documentation as well as coordinating the provision of any needed adaptive or ergonomic equipment for the employee participating in restricted duty.

7.7 In cases where alternative duty is being made to an employee with an Workers’ Compensation or Long Term Disability claim, the Department Representative or Disability Services staff member preparing the offer is to notify the assigned Claims Officer.

7.8 All employees provided with restricted duty and alternative duty are to be notified in writing of the following information:

7.8.1 what the transitional duty consists of; and

7.8.2 when it begins; and

7.8.3 the duration it is being offered for; and

7.8.4 the work hours; and

7.8.5 the work location(s); and

7.8.6 if rate of pay, and/or supervision for the alternative duty differs from the employees' regular body of work, this information must be included.

7.9 Documentation concerning restricted duty that does not include alternative work is to be provided to the employee by the restricted duty start date.

7.10 Documentation concerning alternative duty for non-occupational medical conditions is to be provided by the alternative duty start date.

7.11 Documentation concerning alternative duty for an occupational medical condition must be provided to the employee, with a copy to the Claims Officer, three days in advance of the alternative duty start date.

7.12 The duration of transitional duty is time limited. Tracking the duration and enforcing the time limits is the responsibility of either the Department Representative, or the Disability Services staff when the Disability Services staff has accepted the responsibility.

7.13 Transitional duty extensions may be granted by the employing department based on work availability and/or updated temporary medical restrictions, providing that the total duration of transitional duty does not exceed six months.

7.14 Disability Services and the Department Representative are responsible for assuring that both are informed when it becomes evident that restrictions for a medical condition will exceed six months.

Action by: the Claims Office staff

Action:

7.15 An alternative work job analysis is to be provided to the employee and their physician, and approved by the physician before an offer of alternative duty is made to an employee with an open Workers Compensation claim.

7.16 In the case of alternative duty provided for an occupational medical condition, track the duration of the alternative duty for claims administration purposes.

7.17 When information is received indicating that an employee’s temporary medical restrictions have become prolonged, permanent, or irreversible during their transitional duty assignment, Disability Services is to be notified expediently.

8.0 RESPONSIBILITIES:

8.1 The Human Resource Management Division’s Disability Services Program is primarily responsible for the administration and implementation of this policy in cooperation with King County Executive branch departments, divisions and agencies and those non-Executive Branch departments adopting this policy.

8.2 All Executive Branch department, division and agency directors or their designees, as well as non-executive branch departments adopting this policy, will be responsible for coordinating with the Human Resources Management Division’s Disability Services Program to ensure compliance with this policy, dissemination of this policy, and training.

8.3 King County has no obligations to create vacant positions, to offer reassignment to promotional positions, or to waive job qualifications or probation in the disability accommodation process.

8.4 Conditional job offers are subject to withdrawal at any time and terms and conditions of employment are subject to applicable personnel policies and procedures and/or labor agreements.

8.5 This policy does not create an employment contract or term or limit the reasons for dissolution of the employment relationship. This policy does not constitute an express or implied contract, and it is simply a general statement of King County policy, which cannot form the basis for a private right of action.

9.0 APPENDICES:

None