Common use of Modified Duty Clause in Contracts

Modified Duty. An Employee may request modified duty, should the Employee be injured on duty or off duty, and unable to perform one or more duties of his or her position. Management shall have the sole right to assign (or not assign) Employees to modified duty, including without limitation, the sole right to determine whether to make modified duty available and to determine any and all terms thereof, without regard to past practices or other circumstances. If and when management decides to assign modified duty for employees injured on duty, Employees assigned to the 24/48 schedule shall report to their normal shift day from 6 a.m. to 10 p.m., if compatible with the employee’s medical restrictions, or otherwise this schedule may be modified by mutual agreement. An Employee may not unreasonably refuse available work within the Employee’s work restrictions. A request for modified duty assignment shall be contingent upon a competent written medical opinion of a treating physician which clearly states what restrictions the Employee requires to be able to safely and effectively work. Management will refuse a request for modified duty assignment if the Employee does not provide sufficient information. Management may also require the Employee to submit to any additional medical examination it deems appropriate, at the Village’s expense, at any time (prior to granting modified duty, during modified duty assignment, and/or returning to full duty), to determine the Employee’s capabilities and/or ability to work safety and effectively. The employee must demonstrate acceptable performance and reasonable effort within the restrictions specified while working, if modified duty is granted. Each request for modified duty will be evaluated on a case-by-case basis. Any Employee granted modified duty shall not be eligible for modified duty for a period in excess of one (1) year maximum, although nothing in the maximum is a guarantee that modified duty will be granted or would be granted for a lesser period of time. There shall be no pyramiding of benefits involving modified duty assignment, worker’s compensation benefits, or other disability-related benefit.

Modified Duty. An Employee may request The purpose of modified duty, should duty is to facilitate the Employee be injured on early return to work for those employees recovering from an illness or injury. Modified duty or off duty, and unable applies only to perform one or more duties of his or her those employees who are expected to return to full duty in their previously held position. Management shall have In the sole right to assign (or not assign) Employees to modified dutyevent that an officer is deemed incapable of performing the full range of police duties on the basis of a documented, including without limitationtemporary medical restriction, he/she may, at the sole right to determine whether to make discretion of the Employer as provided herein, be placed on modified duty available and to determine any and all terms thereofstatus, without regard to past practices or other circumstancesprovided a suitable assignment is available. If and when management decides to assign Upon being placed on modified duty for employees injured status, an officer will be assigned duties as limited by the medical restriction(s) imposed. Employees on duty, Employees assigned modified duty status will not be required to the 24/48 schedule shall report to their normal shift day from 6 a.m. to 10 p.m.work in uniform unless a determination is made by the Associate Vice President, if compatible Human Resources or designee, in consultation with the Chief and with the employee’s , 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 restrictionsrestrictions 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 otherwise this schedule may 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 modified by mutual agreement. An Employee may not unreasonably refuse available work within granted in extreme situations and when there is a clear prognosis that the Employee’s work restrictionsemployee, 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 contingent upon treated as confidential information; any medical information supplied shall be kept in a competent written medical opinion secure file and shall not be part of a treating physician which clearly states what restrictions the Employee requires to be able to safely and effectively workemployee's personnel file. Management The Associate Vice President, Human Resources or designee will refuse a request for determine whether an appropriate modified duty assignment if exists upon consultation and coordination with the Employee does not provide sufficient informationChief, and with consideration of the medical information provided by the employee, staffing needs, and appropriate fiscal considerations. Management At the expense of the University, the Associate Vice President, Human Resources may also require the Employee to submit to any additional medical examination it deems appropriate, at the Village’s expense, seek at any time (prior to granting modified duty, during 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, and/or returning to full duty), to determine the Employee’s capabilities and/or ability to work safety and effectively. The employee must demonstrate acceptable performance and reasonable effort within the restrictions specified while working, if modified duty is granted. Each request for modified duty will be evaluated on a case-by-case basis. Any Employee granted modified duty shall not be eligible for modified duty for a period assist in excess of one (1) year maximum, although nothing in the maximum is a guarantee that modified duty will be granted or would be granted for a lesser period of time. There shall be no pyramiding of benefits involving determining an appropriate modified duty assignment, worker’s compensation 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 other disabilityan 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 benefitinjuries 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.

Modified Duty. 17.1. The purpose of modified duty is to facilitate the early return to work of 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 positions. 17.2. 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. 17.3. 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 will not be required to report to work in uniform unless a determination is made by the CHRO or designee, in consultation with the Chief and with the employee, that reporting in uniform is appropriate. A. An Employee employee on modified duty will not be assigned to perform duties of a level higher than the employee’s regular classification. B. Modified duty employees may request modified dutyexperience some temporary changes from their regular assignments in the areas of daily work hours, should the Employee be injured on duty or off dutyscheduled shifts, regular days off, and unable to perform one or more duties of his or her position. Management shall have holiday leave. C. Modified duty assignment will not alter the sole right to assign (or not assign) Employees to modified dutyemployees’ bi-weekly salary but may affect shift differential pay. D. The assignment will be evaluated periodically, including without limitation, the sole right to determine whether to make modified duty available and to determine any and all terms thereof, without regard to past practices or other circumstances. If and when management decides to assign modified duty for employees injured on duty, Employees assigned to the 24/48 schedule shall report to their normal shift day from 6 a.m. to 10 p.m., if compatible with may be adjusted based upon the employee’s medical restrictionsprogress. E. Modified duty assignments are not restricted to the employee’s department or division. 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 that effectively utilizes the employee’s knowledge, skills, and abilities. 17.4. 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 CHRO or otherwise this schedule may designee. Such exception will only be modified by mutual agreement. An Employee may not unreasonably refuse available work within granted in extreme situations and when there is a clear prognosis that the Employee’s work restrictionsemployee, upon completion of the extension, will be able to resume his/her full duties. 17.5. A request for modified duty assignment shall evaluation may be contingent upon a competent written medical opinion initiated in writing by the employee, the employee’s department head, or the CHRO 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. 17.6. The Office of a treating physician which clearly states what restrictions the Employee requires Human Resources (OHR) may require that injured or ill employees, absent or expected to be able absent from work, provide written authentication for a period of illness that includes the following: A. The date or dates the employee was seen by the medical provider; B. A diagnosis of the illness or injury; C. Medical restriction to safely be considered by management when identifying a modified duty assignment; X. Xxxxxxx the medical provider recommends that the employee not report to work, the period of time involved, and effectively workthe reason the illness or injury prevents the employee from working even with reasonable accommodation; E. A prognosis for recovery and an estimated date of the employee’s return to full duty; F. The authorized signature of the following licensed or certified medical providers: - Physician; - Physical Therapist; - Clinical Psychologist; - Dentist; - Optometrist: - Oral Surgeon; - Chiropractor; - Podiatrist; - Nurse Practitioner; - Nurse Midwife; - Physician’s Assistant, or - An accredited Christian Science practitioner. 17.7. Management Employees absent at least 14 calendar days may be required to provide written authentication as cited above. Such certificate may be submitted to a supervisor, the CHRO, or a designated institutional medical officer. 17.8. The CHRO or designee will refuse a request for determine whether an appropriate modified duty assignment if exists upon consultation and coordination with the Employee does not provide sufficient informationemployee’s department head, and with consideration of the medical information provided by the employee, staffing needs, and appropriate fiscal considerations. 17.9. Management At the expense of the University, the CHRO may also require seek a second medical opinion by a University named physician in the Employee event that the medical restriction listed on the original certificate prevents the employee from performing any available modified duty assignment, to submit to any additional medical examination it deems appropriate, at the Village’s expense, at any time (prior to granting modified duty, during assist in determining an appropriate modified duty assignment, and/or returning to full verify the recovering employee’s need to continue modified duty). 17.10. If the CHRO 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 CHRO or designee can identify an appropriate placement or the employee’s condition improves sufficiently to determine the Employee’s capabilities and/or ability allow a return to work safety and effectivelywork. 17.11. The employee must demonstrate acceptable performance and reasonable effort within CHRO or designee may terminate accident or sick leave upon the restrictions specified while working, if employee’s refusal to accept a modified duty is grantedassignment and upon three work days’ notice to the employee of the intent to terminate accident or sick leave. Each request for modified duty will The CHRO 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 sanctions may also be evaluated on a case-by-case basisapplied. 17.12. Any Employee granted employee who is injured in the line of duty and who refuses modified duty duty, shall not be eligible for modified duty reported to the Injured Workers’ Insurance Fund, and a request shall be made for a period in excess suspension of one (1) year maximum, although nothing in the maximum is a guarantee that modified duty will be granted or would be granted for a lesser period of time. There shall be no pyramiding of benefits involving modified duty assignment, worker’s compensation lost time benefits, or other disability-related benefit.

Modified Duty. An Employee may request modified duty, should the Employee be injured on duty or off duty, and A member who is unable to perform one in their normal work assignment may be permitted or more duties of his or her position. Management shall have the sole right required to assign (or not assign) Employees to work in a "modified duty, including without limitation, the sole right to determine whether to make modified duty available and to determine any and all terms thereof, without regard to past practices or other circumstances. If and when management decides to assign modified duty for employees injured on duty, Employees assigned to the 24/48 schedule shall report to their normal shift day from 6 a.m. to 10 p.m., if compatible with the employee’s medical restrictions, or otherwise this schedule may be modified by mutual agreement. An Employee may not unreasonably refuse available work within the Employee’s work restrictions. A request for modified duty assignment shall be contingent upon a competent written medical opinion of a treating physician which clearly states what restrictions the Employee requires to be able to safely and effectively work. Management will refuse a request for modified duty assignment if the Employee does not provide sufficient information. Management may also require the Employee to submit to any additional medical examination it deems appropriate, at the Village’s expense, at any time (prior to granting modified duty, during modified duty assignment, and/or returning to full duty), to determine the Employee’s capabilities and/or ability to work safety and effectively. The employee must demonstrate acceptable performance and reasonable effort within the restrictions specified while working" capacity, if modified duty is grantedassignments are available. Each request Requests for modified duty will shall be evaluated on a case-by-case basispresented to the Fire Chief or his/her designee. Any Employee granted 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 duty. Such requests shall not be eligible 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 a period in excess of one (1) year maximum, although nothing in the maximum is a guarantee that requesting modified duty will to the Fire 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 granted 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 would be granted his/her designee mutually agree in writing to an alternative schedule. Except for a lesser period on-duty injuries, after 30 modified duty calendar days, members shall not receive Special Assignment compensation for the remainder of time. There shall be no pyramiding of benefits involving the modified duty assignment. Special Assignment compensation shall be reinstated for the first payroll following the member’s return to full duty. Upon receiving a medical release back to full duty, worker’s compensation shift personnel shall resume their normal work schedule at the earliest opportunity that is consistent with the following: (a) After receiving a release to full duty, members will complete their 40-hour week prior to returning to a normal shift assignment. (b) Before returning to work, members must comply with the Restricted- Light Modified Duty Policy. The provisions of this article shall not preclude an eligible employee from pursuing disability benefits. When appropriate, or other disability-related benefitemployees applying for disability benefits may continue to perform in a modified duty capacity.