Mandatory Alternate Duty. (a) A mandatory alternate duty policy shall be established that allows management to recall an employee to duty and allows an eligible employee to request a return to duty subject to meeting the eligibility criteria. During the period of the alternate duty, the employee will receive regular full salary.
(b) Only employees who have elected to participate in the Medical Evaluation Network are eligible for mandatory alternate duty. In addition, an employee is eligible when his/her disability is classified at 50 percent or less by the State Insurance Fund and he/she has a prognosis of full recovery within 60 calendar days.
(c) Mandatory alternate duty assignments shall be based upon medical documentation satisfactory to management. The issue of medical documentation is not reviewable under Article 34 of this Agreement.
(d) Mandatory alternate duty assignments shall be for up to 60 calendar days per injury and may be extended at management’s discretion.
(e) If no such alternate duty assignment is available, the employee will receive the wage benefit he/she would have received pursuant to Section 13.3(b) if the disability was classified as "total" for the period the employee qualified for alternate duty not to exceed 60 calendar days.
(f) An employee who refuses an alternate duty assignment will continue on leave and receive the wage benefit deemed appropriate pursuant to the Workers’ Compensation Law.
(g) Mandatory alternate duty assignments shall reflect the employee’s physical limitations. Such assignments may include tasks that can be performed by the employee but that are outside of the employee’s salary grade, title series or normal job duties. Such assignments shall not be considered to constitute out-of-title work and may result in changes in the employee’s workday, workweek, work schedule and/or work location.
(h) When the employee’s mandatory alternate duty assignment expires, the employee who has fully recovered will return to his/her regular position. If the disability continues beyond the 60 days, the employee may request an extension of the assignment. If the extension is not granted by management, the employee shall receive only the statutory wage benefit appropriate to his/her level of disability.
(i) The mandatory alternate duty assignment may be terminated prior to its expiration date if it is determined that the employee is able to return to his/her regular assignment.
Mandatory Alternate Duty. The State shall develop, as soon as possible, a mandatory alternate duty policy for employees who request or are directed to return to work after suffering an occupational injury or disease. The mandatory alternate duty policy will allow management to recall an employee to duty and will allow an eligible employee to request to return to duty subject to the eligibility criteria in the policy. The State will meet and confer with DC-37 in the development of this policy.
Mandatory Alternate Duty. The parties agree to develop, as soon as possible, a mandatory alternate duty policy in accordance with the Americans With Disabilities Act and the FMLA for employees who request or are directed to return to work.
(a) The State and Union shall establish a committee whose purpose shall include but not be limited to reviewing and making recommendations on the following: (1) the effects of the implementation and administration of the workers' compensation statutory benefit, including resulting savings and costs associated with it; (2) the implementation of the mandatory alternate duty program; (3) the accident and injury data focusing on incidence of injuries or accidents in order to develop prevention strategies and means to reduce and/or eliminate the risk of on the job injury.
(b) With respect to the issue of costs or savings mentioned above, the committee shall report its findings on or before October 1, 1998.
Mandatory Alternate Duty. The parties agree to develop, as soon as possible, a mandatory alternate duty policy for employees who request or are directed to return to work after suffering an occupational injury or disease. The Mandatory Alternate Duty Policy will allow management to recall an employee to duty and will allow an eligible employee to request to return to duty subject to the eligibility criteria in the policy. The basic tenets of the Mandatory Alternate Duty Policy shall include, but not be limited, to the following:
A. An employee's level of disability must be classified as 50 percent or less disabled by the AUTHORITY'S insurance carrier.
B. Mandatory alternate duty assignments shall be based upon medical documentation satisfactory to management. Such satisfactory documentation must include prognosis of a return to the full duties of injured worker's original job within 45 calendar days from the date upon which the alternate duty assignment begins.
C. Management shall have the authority to make mandatory alternate duty assignments to tasks that can be performed by the employee not necessarily within their original job duties, title series, work schedule, work location or work week.
D. Mandatory alternate duty assignments shall be for a period up to 45 calendar days per injury. Such assignment may be extended at management's discretion not to exceed the term of the disability.
E. When an employee's mandatory alternate duty assignment expires or is terminated, such employee shall either be returned to full duty status or returned to being covered by the provisions of the Workers’ Compensation statute.
F. If the above conditions are met and if management is not able to provide the eligible employee with such alternate duty assignment, that employee's compensation shall be adjusted to equal the employee's "100 percent disabled" statutory benefit for the period the employee qualified for an alternate duty assignment on medical documentation, described in 20.7(B) above, for up to 45 calendar days.
