Common use of Restricted Duty Clause in Contracts

Restricted Duty. An employee who is absent from duty due to a disabling illness or injury of a temporary nature that prevents him/her from performing his/her normal duties may be returned to work to perform restricted duty for a temporary period of time. Restricted duty is any job, work assignment, or duty within the Fire Department that an employee disabled from his/her regular assignment is capable of performing, and is mutually agreed upon by the Union and Management. An employee’s work restrictions will be based upon the advice of the attending physicians, as provided to the City on the appropriate City of Dayton medical certification form. In the event of a dispute as to the employee’s ability to perform restricted duty, Management and the Union will mutually agree on a disinterested physician to make the final determination as to the employee’s limitations and ability to perform restricted duty. Any costs incurred to this disinterested physician shall be paid by the party contesting the ruling. Restricted duty assignments are made solely at the discretion of Management. Management reserves the right, providing all restricted duty criteria are met, to order an employee to report to a restricted duty assignment. A request to be placed on restricted duty shall not be unreasonably denied by Management, providing all restricted duty criteria have been met. Any denial of restricted duty status shall be placed in writing and a copy sent to the denied employee and the Union. While on restricted duty an employee will earn his/her regular hourly rate of pay.

Restricted Duty. An employee who is absent from duty due to a disabling illness or injury of a temporary nature that prevents him/her them from performing his/her their normal duties may be returned to work to perform restricted duty for a temporary period of time. Restricted duty is any job, work assignment, or duty within the Fire Department that an employee disabled from his/her their regular assignment is capable of performing, and is mutually agreed upon by the Union and Management. An employee’s work restrictions will be based upon the advice of the attending physicians, as provided to the City on the appropriate City of Dayton medical certification form. In the event of a dispute as to the employee’s ability to perform restricted duty, Management and the Union will mutually agree on a disinterested physician to make the final determination as to the employee’s limitations and ability to perform restricted duty. Any costs incurred to this disinterested physician shall be paid by the party contesting the ruling. Restricted duty assignments are made solely at the discretion of Management. Management reserves the right, providing all restricted duty criteria are met, to order an employee to report to a restricted duty assignment. A request to be placed on restricted duty shall not be unreasonably denied by Management, providing all restricted duty criteria have been met. Any denial of restricted duty status shall be placed in writing and a copy sent to the denied employee and the Union. While on restricted duty an employee will earn his/her their regular hourly rate of pay.