Common use of Modified Duty Clause in Contracts

Modified Duty. The purpose of modified duty is to facilitate the early return to work for those employees recovering from an illness or injury. Modified duty applies only to those employees who are expected to return to full duty in their previously held position. In the event that an officer is deemed incapable of performing the full range of police duties on the basis of a documented, temporary medical restriction, he/she may, at the discretion of the Employer as provided herein, be placed on modified duty status, provided a suitable assignment is available. Upon being placed on modified duty status, an officer will be assigned duties as limited by the medical restriction(s) imposed. Employees on modified duty status will not be required to report to work in uniform unless a determination is made by the Associate Vice President, Human Resources or designee, in consultation with the Chief and with the employee, that reporting in uniform is appropriate. The Chief may, on a case by case basis, suspend an officer's law enforcement authority during any period of modified duty.  Modified duty assignments must be compatible with an employee's medical restrictions and are intended to support the employee's prompt return to full duty.  Modified duty status assignments are temporary duty assignments for temporary conditions. The Department and University do not have and will not create permanent modified duty assignments.  An employee on modified duty will not be assigned to perform duties of a level higher than the employee's regular classification.  Modified duty employees may experience some temporary changes from their regular assignments in the areas of daily work hours, scheduled shifts, regular days off and holiday leave.  Modified duty assignment will not alter the employee's bi-weekly salary but may affect shift differential pay.  The modified duty assignment will be evaluated periodically and may be adjusted based upon the employee's medical progress.  Modified duty assignments are not restricted to the employee's Department. In the event a modified duty assignment must be made outside the Police Department, the Employer will attempt to place the employee in a position which effectively utilizes the employee's knowledge, skills, and abilities.  Employees on modified duty who need to be absent from work due to related or unrelated medical appointments will have those absences charged to sick leave, accident leave, or other appropriate leave balances.  An employee on modified duty status must promptly notify the Chief when there are changes involving recommendations for modified duty status by certified medical providers, recovery prognosis, types of activities the employee is allowed to perform, or any other information or documentation relevant to the modified duty status. Modified duty assignments shall not become permanent assignments and shall not exceed 180 calendar days in any 12 month period unless an exception is granted by the Associate Vice President, Human Resources or designee. Such exceptions will only be granted in extreme situations and when there is a clear prognosis that the employee, upon completion of the extension, will be able to resume his/her full duties. A request for modified duty assignment evaluation may be initiated in writing by the employee, the employee's department head, or the Associate Vice President, Human Resources or designee, in any instance where an employee is absent from work due to illness or injury, and is not expected to or does not return to work for at least 14 calendar days. The Office of Human Resources may require that injured or ill employees absent or expected to be absent from work, provide written authentication for a period of illness which includes the following:  The date or dates the employee was seen by the medical provider;  Medical restriction to be considered by management when identifying a modified duty assignment;  Whether the medical provider recommends that the employee not report to work, the period of time involved, and the reason the illness or injury prevents the employee from working even with reasonable accommodation;  A prognosis for recovery and an estimated date of the employee's return to full duty;  The authorized signature of the following licensed or certified medical providers -- Physician; Physical Therapist; Clinical Psychologist; Dentist; Optometrist; Oral Surgeon; Chiropractor; Podiatrist, Nurse Practitioner; Xxxxx Xxxxxxx; Physician's Assistant; or an accredited Christian Science practitioner. Employees absent at least fourteen calendar days may be required to provide written authentication as cited above. Such certificate may be submitted to the Director of Human Resource or designee.  Any medical information supplied in connection with this Article shall be treated as confidential information; any medical information supplied shall be kept in a secure file and shall not be part of the employee's personnel file. The Associate Vice President, Human Resources or designee will determine whether an appropriate modified duty assignment exists upon consultation and coordination with the Chief, and with consideration of the medical information provided by the employee, staffing needs, and appropriate fiscal considerations. At the expense of the University, the Associate Vice President, Human Resources may seek at any time a second medical opinion by a University named physician or other certified medical provider in the event that the medical restriction listed on the original certificate prevents the employee from performing any available modified duty assignment, to assist in determining an appropriate modified duty assignment, to verify the recovering employee's need or ability to be placed on modified duty or to continue on modified duty and/or to determine whether an employee is fit to return to full duty. If the Associate Vice President, Human Resources or designee determines that an appropriate modified duty assignment does not exist, the employee shall remain on paid leave or leave of absence without pay, as appropriate, until such time as the Associate Vice President, Human Resources or designee can identify an appropriate placement for modified duty, the employee's condition improves sufficiently to allow a return to full duty or other appropriate administrative action is taken. The Associate Vice President, Human Resources or designee may terminate accident or sick leave upon the employee's refusal to accept a modified duty assignment and upon three workdays notice to the employee of the intent to terminate accident or sick leave. The Associate Vice President, Human Resources or designee may approve the use of other forms of paid leave, recommend termination of employment or place the employee on leave of absence without pay. Other administrative actions may also be applied. Any employee who is injured in the line of duty and who refuses modified duty shall be reported to the Injured Workers' Insurance Fund, and a request shall be made for a suspension of lost time benefits. The Associate Vice President, Human Resources, in consultation with the Chief of Police, may terminate an employee's modified duty status where the employee's medical condition has changed to the extent the employee is no longer capable of performing the modified duty; or where the employee is not performing the modified duties in a satisfactory fashion; or there is no longer a need to have the modified duties performed. In such instances, the employee will be handled pursuant to paragraph nine. Where the employee's medical condition no longer requires modified duty, the Associate Vice President, Human Resources, in consultation with the Chief of Police, may return an employee, or an employee may submit a request to be returned, to full duty. Before returning to full duty from modified duty, the employee must be declared fit for duty. Where the employee initiates the request to return to full duty, the employee's certified medical provider must declare the employee fit for full duty, and the University retains the option of requiring that its certified medical provider also deems the employee fit to return to full duty. Where the University initiates the return to full duty, the University's certified medical provider must declare the employee fit to return to full duty. In the event of a conflict of opinion between the employee's certified medical provider and the University's certified medical provider, the University's certified medical provider prevails. Employees receiving accident leave take precedence over employees with non-work related injuries or conditions for assignments to modified duty status. An employee's performance evaluation will not be adversely affected while on modified duty if the performance is satisfactory.

Appears in 2 contracts

Samples: www.salisbury.edu, wwwnew.salisbury.edu

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Modified Duty. The purpose of modified duty is to facilitate the early return to work for those employees recovering from an illness or injury. Modified duty applies only to those employees who are expected to return to full duty in their previously held position. In the event that an officer is deemed incapable of performing the full range of police duties on the basis of a documented, temporary medical restriction, he/she may, at the discretion of the Employer as provided herein, be placed on modified duty status, provided a suitable assignment is available. Upon being placed on modified duty status, an officer will be assigned duties as limited by the medical restriction(s) imposed. Employees on modified duty status will not be required to report to work in uniform unless a determination is made by the Associate Vice President, Human Resources or designee, in consultation with the Chief and with the employee, that reporting in uniform is appropriate. The Chief may, on a case by case basis, suspend an officer's law enforcement authority during any period of modified duty. Modified duty assignments must be compatible with an employee's medical restrictions and are intended to support the employee's prompt return to full duty. Modified duty status assignments are temporary duty assignments for temporary conditions. The Department and University do not have and will not create permanent modified duty assignments. An employee on modified duty will not be assigned to perform duties of a level higher than the employee's regular classification. Modified duty employees may experience some temporary changes from their regular assignments in the areas of daily work hours, scheduled shifts, regular days off and holiday leave. Modified duty assignment will not alter the employee's bi-weekly salary but may affect shift differential pay. The modified duty assignment will be evaluated periodically and may be adjusted based upon the employee's medical progress. Modified duty assignments are not restricted to the employee's Department. In the event a modified duty assignment must be made outside the Police Department, the Employer will attempt to place the employee in a position which effectively utilizes the employee's knowledge, skills, and abilities. Employees on modified duty who need to be absent from work due to related or unrelated medical appointments will have those absences charged to sick leave, accident leave, or other appropriate leave balances. An employee on modified duty status must promptly notify the Chief when there are changes involving recommendations for modified duty status by certified medical providers, recovery prognosis, types of activities the employee is allowed to perform, or any other information or documentation relevant to the modified duty status. Modified duty assignments shall not become permanent assignments and shall not exceed 180 calendar days in any 12 month period unless an exception is granted by the Associate Vice President, Human Resources or designee. Such exceptions will only be granted in extreme situations and when there is a clear prognosis that the employee, upon completion of the extension, will be able to resume his/her full duties. A request for modified duty assignment evaluation may be initiated in writing by the employee, the employee's department head, or the Associate Vice President, Human Resources or designee, in any instance where an employee is absent from work due to illness or injury, and is not expected to or does not return to work for at least 14 calendar days. The Office of Human Resources may require that injured or ill employees absent or expected to be absent from work, provide written authentication for a period of illness which includes the following: The date or dates the employee was seen by the medical provider; Medical restriction to be considered by management when identifying a modified duty assignment; Whether the medical provider recommends that the employee not report to work, the period of time involved, and the reason the illness or injury prevents the employee from working even with reasonable accommodation; A prognosis for recovery and an estimated date of the employee's return to full duty; The authorized signature of the following licensed or certified medical providers -- Physician; Physical Therapist; Clinical Psychologist; Dentist; Optometrist; Oral Surgeon; Chiropractor; Podiatrist, Nurse Practitioner; Xxxxx Xxxxxxx; Physician's Assistant; or an accredited Christian Science practitioner. Employees absent at least fourteen calendar days may be required to provide written authentication as cited above. Such certificate may be submitted to the Director of Human Resource or designee. Any medical information supplied in connection with this Article shall be treated as confidential information; any medical information supplied shall be kept in a secure file and shall not be part of the employee's personnel file. The Associate Vice President, Human Resources or designee will determine whether an appropriate modified duty assignment exists upon consultation and coordination with the Chief, and with consideration of the medical information provided by the employee, staffing needs, and appropriate fiscal considerations. At the expense of the University, the Associate Vice President, Human Resources may seek at any time a second medical opinion by a University named physician or other certified medical provider in the event that the medical restriction listed on the original certificate prevents the employee from performing any available modified duty assignment, to assist in determining an appropriate modified duty assignment, to verify the recovering employee's need or ability to be placed on modified duty or to continue on modified duty and/or to determine whether an employee is fit to return to full duty. If the Associate Vice President, Human Resources or designee determines that an appropriate modified duty assignment does not exist, the employee shall remain on paid leave or leave of absence without pay, as appropriate, until such time as the Associate Vice President, Human Resources or designee can identify an appropriate placement for modified duty, the employee's condition improves sufficiently to allow a return to full duty or other appropriate administrative action is taken. The Associate Vice President, Human Resources or designee may terminate accident or sick leave upon the employee's refusal to accept a modified duty assignment and upon three workdays notice to the employee of the intent to terminate accident or sick leave. The Associate Vice President, Human Resources or designee may approve the use of other forms of paid leave, recommend termination of employment or place the employee on leave of absence without pay. Other administrative actions may also be applied. Any employee who is injured in the line of duty and who refuses modified duty shall be reported to the Injured Workers' Insurance Fund, and a request shall be made for a suspension of lost time benefits. The Associate Vice President, Human Resources, in consultation with the Chief of Police, may terminate an employee's modified duty status where the employee's medical condition has changed to the extent the employee is no longer capable of performing the modified duty; or where the employee is not performing the modified duties in a satisfactory fashion; or there is no longer a need to have the modified duties performed. In such instances, the employee will be handled pursuant to paragraph nine. Where the employee's medical condition no longer requires modified duty, the Associate Vice President, Human Resources, in consultation with the Chief of Police, may return an employee, or an employee may submit a request to be returned, to full duty. Before returning to full duty from modified duty, the employee must be declared fit for duty. Where the employee initiates the request to return to full duty, the employee's certified medical provider must declare the employee fit for full duty, and the University retains the option of requiring that its certified medical provider also deems the employee fit to return to full duty. Where the University initiates the return to full duty, the University's certified medical provider must declare the employee fit to return to full duty. In the event of a conflict of opinion between the employee's certified medical provider and the University's certified medical provider, the University's certified medical provider prevails. Employees receiving accident leave take precedence over employees with non-work related injuries or conditions for assignments to modified duty status. An employee's performance evaluation will not be adversely affected while on modified duty if the performance is satisfactory.

Appears in 1 contract

Samples: wwwnew.salisbury.edu

Modified Duty. The purpose of A member who is unable to perform in their normal work assignment may be permitted or required to work in a "modified duty" capacity, if modified duty assignments are available. Requests for modified duty shall be presented to the Fire Chief or his/her designee. The member must properly present any required medical releases and/or forms from their attending physician at the time of the request which must contain any and all restrictions for modified duty. Such requests shall not be arbitrarily denied by the City. The City reserves the right to have the member evaluated by a physician prior to assignment, at the City's expense. If the City's medical authority differs from the employee's attending physician, a third health care provider will be commissioned to evaluate the employee. The decision of the third-party health care provider will be binding and paid for by the City. Employees with work related injuries/illnesses will be given preference for modified duty assignments. Employee is responsible for requesting modified duty to facilitate the early return to work for those employees recovering from an illness or injury. Modified duty applies only to those employees who are expected to return to full duty in their previously held positionFire Chief through the chain of command within 24 hours. In the event of sensitive and confidential information, the employee may go directly to the Fire Chief. The City may assign modified duty personnel to any fire department-related activity at any fire department work site provided that the assignment is within the member’s certification and/or licensure status and that such activities are within the member's physical limitations, as determined by the health care provider by the above-established procedure. Qualified personnel may be temporarily assigned to any Fire Department divisions as modified duty assignments. Modified duty personnel shall work a forty- hour schedule, unless the employee and the Fire Chief or his/her designee mutually agree in writing to an officer is deemed incapable of performing alternative schedule. Except for on-duty injuries, after 30 modified duty calendar days, members shall not receive Special Assignment compensation for the full range of police duties on the basis of a documented, temporary medical restriction, he/she may, at the discretion remainder of the Employer as provided herein, be placed on modified duty status, provided a suitable assignment is availableassignment. Upon being placed on modified duty status, an officer will Special Assignment compensation shall be assigned duties as limited by reinstated for the medical restriction(s) imposed. Employees on modified duty status will not be required to report to work in uniform unless a determination is made by first payroll following the Associate Vice President, Human Resources or designee, in consultation with the Chief and with the employee, that reporting in uniform is appropriate. The Chief may, on a case by case basis, suspend an officer's law enforcement authority during any period of modified duty.  Modified duty assignments must be compatible with an employee's medical restrictions and are intended to support the employee's prompt member’s return to full duty.  Modified duty status assignments are temporary duty assignments for temporary conditions. The Department and University do not have and will not create permanent modified duty assignments.  An employee on modified duty will not be assigned to perform duties of Upon receiving a level higher than the employee's regular classification.  Modified duty employees may experience some temporary changes from their regular assignments in the areas of daily work hours, scheduled shifts, regular days off and holiday leave.  Modified duty assignment will not alter the employee's bi-weekly salary but may affect shift differential pay.  The modified duty assignment will be evaluated periodically and may be adjusted based upon the employee's medical progress.  Modified duty assignments are not restricted to the employee's Department. In the event a modified duty assignment must be made outside the Police Department, the Employer will attempt to place the employee in a position which effectively utilizes the employee's knowledge, skills, and abilities.  Employees on modified duty who need to be absent from work due to related or unrelated medical appointments will have those absences charged to sick leave, accident leave, or other appropriate leave balances.  An employee on modified duty status must promptly notify the Chief when there are changes involving recommendations for modified duty status by certified medical providers, recovery prognosis, types of activities the employee is allowed to perform, or any other information or documentation relevant to the modified duty status. Modified duty assignments shall not become permanent assignments and shall not exceed 180 calendar days in any 12 month period unless an exception is granted by the Associate Vice President, Human Resources or designee. Such exceptions will only be granted in extreme situations and when there is a clear prognosis that the employee, upon completion of the extension, will be able to resume his/her full duties. A request for modified duty assignment evaluation may be initiated in writing by the employee, the employee's department head, or the Associate Vice President, Human Resources or designee, in any instance where an employee is absent from work due to illness or injury, and is not expected to or does not return to work for at least 14 calendar days. The Office of Human Resources may require that injured or ill employees absent or expected to be absent from work, provide written authentication for a period of illness which includes the following:  The date or dates the employee was seen by the medical provider;  Medical restriction to be considered by management when identifying a modified duty assignment;  Whether the medical provider recommends that the employee not report to work, the period of time involved, and the reason the illness or injury prevents the employee from working even with reasonable accommodation;  A prognosis for recovery and an estimated date of the employee's return to full duty;  The authorized signature of the following licensed or certified medical providers -- Physician; Physical Therapist; Clinical Psychologist; Dentist; Optometrist; Oral Surgeon; Chiropractor; Podiatrist, Nurse Practitioner; Xxxxx Xxxxxxx; Physician's Assistant; or an accredited Christian Science practitioner. Employees absent at least fourteen calendar days may be required to provide written authentication as cited above. Such certificate may be submitted to the Director of Human Resource or designee.  Any medical information supplied in connection with this Article shall be treated as confidential information; any medical information supplied shall be kept in a secure file and shall not be part of the employee's personnel file. The Associate Vice President, Human Resources or designee will determine whether an appropriate modified duty assignment exists upon consultation and coordination with the Chief, and with consideration of the medical information provided by the employee, staffing needs, and appropriate fiscal considerations. At the expense of the University, the Associate Vice President, Human Resources may seek at any time a second medical opinion by a University named physician or other certified medical provider in the event that the medical restriction listed on the original certificate prevents the employee from performing any available modified duty assignment, to assist in determining an appropriate modified duty assignment, to verify the recovering employee's need or ability to be placed on modified duty or to continue on modified duty and/or to determine whether an employee is fit to return to full duty. If the Associate Vice President, Human Resources or designee determines that an appropriate modified duty assignment does not exist, the employee shall remain on paid leave or leave of absence without pay, as appropriate, until such time as the Associate Vice President, Human Resources or designee can identify an appropriate placement for modified duty, the employee's condition improves sufficiently to allow a return to full duty or other appropriate administrative action is taken. The Associate Vice President, Human Resources or designee may terminate accident or sick leave upon the employee's refusal to accept a modified duty assignment and upon three workdays notice to the employee of the intent to terminate accident or sick leave. The Associate Vice President, Human Resources or designee may approve the use of other forms of paid leave, recommend termination of employment or place the employee on leave of absence without pay. Other administrative actions may also be applied. Any employee who is injured in the line of duty and who refuses modified duty shall be reported to the Injured Workers' Insurance Fund, and a request shall be made for a suspension of lost time benefits. The Associate Vice President, Human Resources, in consultation with the Chief of Police, may terminate an employee's modified duty status where the employee's medical condition has changed to the extent the employee is no longer capable of performing the modified duty; or where the employee is not performing the modified duties in a satisfactory fashion; or there is no longer a need to have the modified duties performed. In such instances, the employee will be handled pursuant to paragraph nine. Where the employee's medical condition no longer requires modified duty, the Associate Vice President, Human Resources, in consultation with the Chief of Police, may return an employee, or an employee may submit a request to be returned, to full duty. Before returning to full duty from modified duty, the employee must be declared fit for duty. Where the employee initiates the request to return release back to full duty, shift personnel shall resume their normal work schedule at the employee's certified medical provider must declare earliest opportunity that is consistent with the employee fit for full duty, and the University retains the option of requiring that its certified medical provider also deems the employee fit to return to full duty. Where the University initiates the return to full duty, the University's certified medical provider must declare the employee fit to return to full duty. In the event of a conflict of opinion between the employee's certified medical provider and the University's certified medical provider, the University's certified medical provider prevails. Employees receiving accident leave take precedence over employees with non-work related injuries or conditions for assignments to modified duty status. An employee's performance evaluation will not be adversely affected while on modified duty if the performance is satisfactory.following:

Appears in 1 contract

Samples: Collective Bargaining Agreement

Modified Duty. The purpose of modified duty is to facilitate the early return to work for those employees recovering from an illness or injury. Modified duty applies only to those employees who are expected to return to full duty in their previously held position. In the event that an officer is deemed incapable of performing the full range of police duties on the basis of a documented, temporary medical restriction, he/she may, at the discretion of the Employer as provided herein, be placed on modified duty status, provided a suitable assignment is available. Upon being placed on modified duty status, an officer will be assigned duties as limited by the medical restriction(s) imposed. Employees on modified duty status will not be required to report to work in uniform unless a determination is made by the Associate Vice President, Human Resources or designee, in consultation with the Chief and with the employee, that reporting in uniform is appropriate. The Chief may, on a case by case basis, suspend an officer's law enforcement authority during any period of modified duty.  Modified duty assignments must be compatible with an employee's medical restrictions and are intended to support the employee's prompt return to full duty.  Modified duty status assignments are temporary duty assignments for temporary conditions. The Department and University do not have and will not create permanent modified duty assignments.  An employee on modified duty will not be assigned to perform duties of a level higher than the employee's regular classification.  Modified duty employees may experience some temporary changes from their regular assignments in the areas of daily work hours, scheduled shifts, regular days off and holiday leave.  Modified duty assignment will not alter the employee's bi-weekly salary but may affect shift differential pay.  The modified duty assignment will be evaluated periodically and may be adjusted based upon the employee's medical progress.  Modified duty assignments are not restricted to the employee's Department. In the event a modified duty assignment must be made outside the Police Department, the Employer will attempt to place the employee in a position which effectively utilizes the employee's knowledge, skills, and abilities.  Employees on modified duty who need to be absent from work due to related or unrelated medical appointments will have those absences charged to sick leave, accident leave, or other appropriate leave balances.  An employee on modified duty status must promptly notify the Chief when there are changes involving recommendations for modified duty status by certified medical 111971\000009\4816-3902-9983.v1 11 providers, recovery prognosis, types of activities the employee is allowed to perform, or any other information or documentation relevant to the modified duty status. Modified duty assignments shall not become permanent assignments and shall not exceed 180 calendar days in any 12 12-month period unless an exception is granted by the Associate Vice President, Human Resources or designee. Such exceptions will only be granted in extreme situations and when there is a clear prognosis that the employee, upon completion of the extension, will be able to resume his/her full duties. A request for modified duty assignment evaluation may be initiated in writing by the employee, the employee's department head, or the Associate Vice President, Human Resources or designee, in any instance where an employee is absent from work due to illness or injury, and is not expected to or does not return to work for at least 14 calendar days. The Office of Human Resources may require that injured or ill employees absent or expected to be absent from work, provide written authentication for a period of illness which includes the following:  The date or dates the employee was seen by the medical provider;  Medical restriction to be considered by management when identifying a modified duty assignment;  Whether the medical provider recommends that the employee not report to work, the period of time involved, and the reason the illness or injury prevents the employee from working even with reasonable accommodation;  A prognosis for recovery and an estimated date of the employee's return to full duty;  The authorized signature of the following licensed or certified medical providers -- Physician; Physical Therapist; Clinical Psychologist; Dentist; Optometrist; Oral Surgeon; Chiropractor; Podiatrist, Nurse Practitioner; Xxxxx Xxxxxxx; Physician's Assistant; or an accredited Christian Science practitioner. Employees absent at least fourteen calendar days may be required to provide written authentication as cited above. Such certificate may be submitted to the Director of Human Resource or designee.  Any medical information supplied in connection with this Article shall be treated as confidential information; any medical information supplied shall be kept in a secure file and shall not be part of the employee's personnel file. The Associate Vice President, Human Resources or designee will determine whether an appropriate modified duty assignment exists upon consultation and coordination with the Chief, and with consideration of the medical information provided by the employee, staffing needs, and appropriate fiscal considerations. At the expense of the University, the Associate Vice President, Human Resources may seek at any time a second medical opinion by a University named physician or other certified medical provider in the event that the medical restriction listed on the original certificate prevents the employee from performing any available modified duty assignment, to assist in determining an appropriate modified duty assignment, to verify the recovering employee's need 111971\000009\4816-3902-9983.v1 12 or ability to be placed on modified duty or to continue on modified duty and/or to determine whether an employee is fit to return to full duty. If the Associate Vice President, Human Resources or designee determines that an appropriate modified duty assignment does not exist, the employee shall remain on paid leave or leave of absence without pay, as appropriate, until such time as the Associate Vice President, Human Resources or designee can identify an appropriate placement for modified duty, ; the employee's condition improves sufficiently to allow a return to full duty duty; or other appropriate administrative action is taken. The Associate Vice President, Human Resources or designee may terminate accident or sick leave upon the employee's refusal to accept a modified duty assignment and upon three workdays notice to the employee of the intent to terminate accident or sick leave. The Associate Vice President, Human Resources or designee may approve the use of other forms of paid leave, recommend termination of employment or place the employee on leave of absence without pay. Other administrative actions may also be applied. Any employee who is injured in the line of duty and who refuses modified duty shall be reported to the Injured Workers' Insurance Fund, and a request shall be made for a suspension of lost time benefits. The Associate Vice President, Human Resources, in consultation with the Chief of Police, may terminate an employee's modified duty status where the employee's medical condition has changed to the extent the employee is no longer capable of performing the modified duty; or where the employee is not performing the modified duties in a satisfactory fashion; or there is no longer a need to have the modified duties performed. In such instances, the employee will be handled pursuant as if the employee refused to paragraph nineaccept a modified duty assignment as described above. Where the employee's medical condition no longer requires modified duty, the Associate Vice President, Human Resources, in consultation with the Chief of Police, may return an employee, or an employee may submit a request to be returned, to full duty. Before returning to full duty from modified duty, the employee must be declared fit for duty. Where the employee initiates the request to return to full duty, the employee's certified medical provider must declare the employee fit for full duty, and the University retains the option of requiring that its certified medical provider also deems the employee fit to return to full duty. Where the University initiates the return to full duty, the University's certified medical provider must declare the employee fit to return to full duty. In the event of a conflict of opinion between the employee's certified medical provider and the University's certified medical provider, the University's certified medical provider prevails. Employees receiving accident leave take precedence over employees with non-work work- related injuries or conditions for assignments to modified duty status. 111971\000009\4816-3902-9983.v1 13 An employee's performance evaluation will not be adversely affected while on modified duty if the performance is satisfactory. Except as modified herein, see USM BOR Policy VII - 7.41 – Policy on Modified Duty.

Appears in 1 contract

Samples: www.salisbury.edu

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Modified Duty. The purpose of modified duty is to facilitate the early return to work for those employees recovering from an illness illness, injury, or injurya pregnancy-related disability. Modified duty applies only to those employees who are expected to return to full duty in their previously held position. In the event that an officer is deemed incapable of performing the full range of police duties on the basis of a documented, temporary medical restriction, he/she may, at the discretion of the Employer as provided herein, be placed on modified duty status, provided a suitable assignment is available. Upon being placed on modified duty status, an officer will be assigned duties as limited by the medical restriction(s) imposed. Employees on modified duty status will not be required to report to work in uniform unless a determination is made by the Associate Vice President, Human Resources or designee, in consultation with the Chief and with the employee, that reporting in uniform is appropriate. The Chief may, on a case by case basis, suspend an officer's law enforcement authority during any period of modified duty. Modified duty assignments must be compatible with an employee's medical restrictions and are intended to support the employee's prompt return to full duty. Modified duty status assignments are temporary duty assignments for temporary conditions. The Department and University do not have and will not create permanent modified duty assignments. An employee on modified duty will not be assigned to perform duties of a level higher than the employee's regular classification. Modified duty employees may experience some temporary changes from their regular assignments in the areas of daily work hours, scheduled shifts, regular days off and holiday leave. 111971\000010\4867-6563-6369.v1 11 • Modified duty assignment will not alter the employee's bi-weekly salary but may affect shift differential pay. The modified duty assignment will be evaluated periodically and may be adjusted based upon the employee's medical progress. Modified duty assignments are not restricted to the employee's Department. In the event a modified duty assignment must be made outside the Police Department, the Employer will attempt to place the employee in a position which effectively utilizes the employee's knowledge, skills, and abilities. Employees on modified duty who need to be absent from work due to related or unrelated medical appointments will have those absences charged to sick leave, accident leave, or other appropriate leave balances. An employee on modified duty status must promptly notify the Chief when there are changes involving recommendations for modified duty status by certified medical providers, recovery prognosis, types of activities the employee is allowed to perform, or any other information or documentation relevant to the modified duty status. Modified duty assignments shall not become permanent assignments and shall not exceed 180 calendar days in any 12 12-month period unless an exception is granted by the Associate Vice President, Human Resources or designee. Such exceptions will only be granted in extreme situations and when there is a clear prognosis that the employee, upon completion of the extension, will be able to resume his/her full duties. A request for modified duty assignment evaluation may be initiated in writing by the employee, the employee's department head, or the Associate Vice President, Human Resources or designee, in any instance where an employee is absent from work due to illness or injury, and is not expected to or does not return to work for at least 14 calendar days. The Office of Human Resources may require that injured employees who request modified duty due to injury or ill employees absent or expected to be absent from work, illness provide written authentication for a period of illness or injury which includes the following: The date or dates the employee was seen by the medical provider; • A diagnosis of the illness of injury; • Medical restriction restrictions to be considered by management when identifying a modified duty assignment; Whether the medical provider recommends that the employee not report to work, the period of time involved, and the reason the illness or injury prevents the employee from working even with reasonable accommodation; A prognosis for recovery and an estimated date of the employee's return to full duty; The authorized signature of the following licensed or certified medical providers -- Physician; Physical Therapist; Clinical Psychologist; Dentist; Optometrist; Oral Surgeon; Chiropractor; Podiatrist, Nurse Practitioner; Xxxxx Xxxxxxx; Physician's Assistant; or an accredited Christian Science practitioner. Employees absent at least fourteen calendar days may be required to provide written authentication as cited above. Such certificate may be submitted to the Director of Human Resource Resources or designee. 111971\000010\4867-6563-6369.v1 12 • Any medical information supplied in connection with this Article shall be treated as confidential information; any medical information supplied shall be kept in a secure file and shall not be part of the employee's personnel file. The Associate Vice President, Human Resources or designee will determine whether an appropriate modified duty assignment exists upon consultation and coordination with the Chief, and with consideration of the medical information provided by the employee, staffing needs, and appropriate fiscal considerations. At the expense of the University, the Associate Vice President, Human Resources may seek at any time a second medical opinion by a University named physician or other certified medical provider in the event that the medical restriction listed on the original certificate prevents the employee from performing any available modified duty assignment, to assist in determining an appropriate modified duty assignment, to verify the recovering employee's need or ability to be placed on modified duty or to continue on modified duty and/or to determine whether an employee is fit to return to full duty. If the Associate Vice President, Human Resources or designee determines that an appropriate modified duty assignment does not exist, the employee shall remain on paid leave or leave of absence without pay, as appropriate, until such time as the Associate Vice President, Human Resources or designee can identify an appropriate placement for modified duty, ; the employee's condition improves sufficiently to allow a return to full duty duty; or other appropriate administrative action is taken. The Associate Vice President, Human Resources or designee may terminate accident or sick leave upon the employee's refusal to accept a modified duty assignment and upon three workdays notice to the employee of the intent to terminate accident or sick leave. The Associate Vice President, Human Resources or designee may approve the use of other forms of paid leave, recommend termination of employment or place the employee on leave of absence without pay. Other administrative actions may also be applied. Any employee who is injured in the line of duty and who refuses modified duty shall be reported to the Injured Workers' Insurance Fund, and a request shall be made for a suspension of lost time benefits. The Associate Vice President, Human Resources, in consultation with the Chief of Police, may terminate an employee's modified duty status where the employee's medical condition has changed to the extent the employee is no longer capable of performing the modified duty; or where the employee is not performing the modified duties in a satisfactory fashion; or there is no longer a need to have the modified duties performed. In such instances, the employee will be handled pursuant as if the employee refused to paragraph nineaccept a modified duty assignment as described above. Where the employee's medical condition no longer requires modified duty, the Associate Vice President, Human Resources, in consultation with the Chief of Police, may return an employee, or an employee may submit a request to be returned, to full duty. Before returning to full duty from modified duty, the employee must be declared fit for duty. Where the employee 111971\000010\4867-6563-6369.v1 13 initiates the request to return to full duty, the employee's certified medical provider must declare the employee fit for full duty, and the University retains the option of requiring that its certified medical provider also deems the employee fit to return to full duty. Where the University initiates the return to full duty, the University's certified medical provider must declare the employee fit to return to full duty. In the event of a conflict of opinion between the employee's certified medical provider and the University's certified medical provider, the University's certified medical provider prevails. Employees receiving accident leave take precedence over employees with non-work work- related injuries or conditions for assignments to modified duty status. An employee's performance evaluation will not be adversely affected while on modified duty if the performance is satisfactory. Except as modified herein, see USM BOR Policy VII - 7.41 – Policy on Modified Duty.

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Samples: www.salisbury.edu

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