Common use of Limited/Modified Duty Clause in Contracts

Limited/Modified Duty. (Applies to SB1, SC1, and SD1 only) Upon either party’s request, the City and the Union shall meet to discuss the development of a limited duty policy for unit members unable to perform their normal work duties because of injury or illness on a department by department basis. The priority of any such agreement reached shall be industrially injured unit members; however, the policy may include coverage of non-industrially injured unit members, if considered feasible by the City. In the absence of any such policy, the City shall maintain the right and sole discretion to grant or continue any light duty assignment. Members who do not accept offered light duty when it is available which is consistent with finding by the treating physician shall no longer be eligible. Once a unit member is deemed permanent and stationary and unable to perform the essential functions of their normal job assignment, the City shall use its best efforts to initiate the interactive process within 15 working days of knowledge of the status determination. If the City chooses to remove an employee from a light duty assignment, the City shall provide no less than ten (10) working days written notice to the impacted employee. This section does not preclude the City from removing a unit member from the light duty assignment for reasons other than achieving a permanent and stationary determination, including if the assignment puts the employee at risk of continued disability or additional injury, or the member fails to fully participate and comply with the light duty assignment.