Common use of Modified Duty Clause in Contracts

Modified Duty. ‌ It is advantageous to City operations in certain circumstances to allow employees who are unable to perform their full duties, due to a non-work related illness or injury, to return to work on a modified duty basis. The City has a policy of allowing such modified duty when the employee can perform a substantial portion of their normal duties, the work to be performed is befitting of their pay grade, and the work benefits the City. The City interprets “substantial portion of their normal duties” to include work that the employee is qualified to perform, that is deemed necessary by the Fire Chief, that must be performed in a timely fashion, and to which the department has limited resources to commit. Under normal circumstances, such modified duty shall not be assigned for a period exceeding 80 hours per injury or illness. The City may extend modified duty beyond 80 hours at its sole discretion. The Fire Chief’s decision as to whether appropriate light duty is available in the department and its duration is not grievable. Human Resources Department’s review and final determination by the City as to whether or not the light duty submitted by the Fire Chief meets the standards of the policy, is grievable under the contract. Any employee approved for modified duty shall be transferred to day shift for the duration of their modified duty assignment, and such transfer will not be subject to the notice provisions of Article VII.

Modified Duty. ‌ It is advantageous to City operations in certain circumstances to allow employees who are unable to perform their full duties, due to a non-work work-related illness or injury, to return to work on a modified duty basis. The City has a policy of allowing such modified duty when the employee can perform a substantial portion of their normal duties, the work to be performed is befitting of their pay grade, and the work benefits the City. The City interprets “substantial portion of their normal duties” to include work that the employee is qualified to perform, that is deemed necessary by the Fire Chief, that must be performed in a timely fashion, and to which the department has limited resources to commit. Under normal circumstances, such modified duty shall not be assigned for a period exceeding 80 hours per injury or illness. The City may extend modified duty beyond 80 hours at its sole discretion. The Fire Chief’s decision as to whether appropriate light duty is available in the department and its duration is not grievable. Human Resources Department’s review and final determination by the City as to whether or not the light duty submitted by the Fire Chief meets the standards of the policy, is grievable under the contract. Any employee approved for modified duty shall be transferred to day shift for the duration of their modified duty assignment, and such transfer will not be subject to the notice provisions of Article VII.