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HomeMy WebLinkAbout16-003 Personnel Policies Manual Update - Light Duty Resolution 16-003 RESOLUTION NO. 16-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON,AMENDING THE LIGHT DUTY POLICY OF THE PERSONNEL POLICIES MANUAL WHEREAS,the City's Personnel Policy Manual was updated in 2011; and WHEREAS, the City desires to update the light duty policy of the Personnel Policies Manual to clarify management and employee roles and responsibilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend as follows: Section 1. The Section 7.3 City of Port Townsend Personnel Policies Manual is hereby amended as outlined in the attached Exhibit"A." Section 2. This Resolution takes effect on its adoption. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 19th day of January 2016 4z Deborah S. Stinson Mayor Attest: Approved as to form: Joanna Sanders, CMC Steven L. Gross City Clerk City Attorney Resolution 16-003-Exhibit A Page I of 3 EXHIBIT A 7.3 RETURN TO WORK—LIMITED DUTY ASSIGNMENTS employee'sBefore being a4lowed to fetum to work, an employee who has beefi away ffom work due to an. illness will nofmally be fequir-ed to provide a vmiaen statement ffem the appr-opr-ia er-sonnel eer-fifying that the employee is able to fesume his or-her-job duties,of speeifyiOn any duties. if festfietions or- limiwions afe plaeed on the peffofm the job, the City, in wopefation with the employee and any medieal pefsonnel, will.. detefmine if there afe any feasonable aceommodations that it ean make to enable the . 1 , r-ettim to work and per-fofm the essential funetions of his or-her-job.The City may fequir-e a med when the employee can retam to work and if he/she is eapable of per-fefming the duties of the position. This requirement applies to all employees who have been unable to peffofm theif duti for an extended period of time, whether their i j itially work related or not, A. Return to Work Before being allowed to return to work, an employee who has been away from work due to an injury or illness will be required to provide documentation from their medical provider which certifies based on the essential duties described in the employee's job description, that the employee is able to resume his or her job duties,or specifying limitations on their ability to perform any of these duties as well as a time frame during which these limitations will apply. If restrictions or limitations are placed on the employee's ability to perform the job,the City,in cooperation with the employee and any medical personnel, will determine if there are any reasonable accommodations that it can make to enable the employee to return to work and perform the essential functions of his or her job. The City may require a medical examination at City expense, performed by a physician or physicians of its choice, to determine when the employee can return to work and if she or he is capable of performing the duties of the position. This requirement applies to all employees who have been unable to perform their duties for an extended period of time more than 4 week), whether or not their injury was initially work-related B. Limited Duty Assignments 1. General Employees who are temporarily unable to perform the essential functions of their regularly assigned duties may, at the City's discretion, be assigned to a limited duty (LD) assignment. LD assignments are intended to help bring employees back to work as soon as possible and to reduce workers' compensation and other costs. This policy is intended to establish consistent practices for all City departments. It does not guarantee that any specific employee will be assigned to a LD assignment. The availability of LD assignments shall be determined by the Department Director based on the needs of the department. The suitability of a specific employee for a LD assignment will be based on the medical restrictions imposed by the employee's medical provider. 2. Duration LD Assignments shalleg nay be offered for 90 days after the employee's medical provider says the employee may return to work. The LD assignment may be extended for up to 180 days if: a) the Department Director, after consulting with the Human Resources Manager, agrees that there is sufficient work to be performed in the LD assignment and, b the employee's medical provider Resolution 16-003-Exhibit A Page 2 of 3 certifies that there is a reasonable medical certainty that such an extension will allow the employee to return to her or his assigned position and to perform all of the essential functions of the position. Probationary ployees who are assigned to LD shall have their probation extended by a period of time equal to the LD assignment time. 3. Application for LD Assignment. An employee who wishes to be considered for a LD assignment shall provide her or his supervisor with the following: al A written request for LD assignment, specifyin the he effected duration of the assignment; and b, A completed certification from their medical provider specifying the limitations on their ability to perform any of the essential job duties. 4. Evaluation of LD Assignment Request a) The Department Director shall determine whether a LD assignment is available, and shall set out with specificity the tasks that will be assigned to the employee. If applicable, those tasks will be reviewed with the appropriate bar ag fining unit to ensure the employee is not asked to perform work belonging to another bargaining unit. b) The Department Director will consult with the Human Resources Mana eg r and determine whether the employee's medical restrictions will allow the employee to perform the tasks associated with the LD assignment. The Department Director may, but is not required to, add or subtract tasks from the LD assignment. 5. LD Assignment Agreement. If there is a LD assignment available, and if the Director determines that the employee's medical restrictions allow the employee to fill that assignment, the Director shall provide the employee a LD assignment agreement that outlines the duties, length of assignment, and job restrictions. Employees on LD assignment shall receive their regular rate of pay. 6. Right to Discontinue The City reserves the right to discontinue a light duty assignment at any time due to a change in operational needs or requirements, receipt of information that the employee is no longer disabled or limited in a way that prevents performance of his or her regular duties, or if the employee has shown an inability to satisfactorily perform the duties of the assignment. 7. Rotation of LD Assignments The City reserves the right to rotate light duty assignments should the need present itself where there are more employees eligible for light duty than positions available. If light duty assignments are no longer available the City will work with the employee to determine whether the employee is still capable of performing the essential function of the employee'sposition. 8. Availability of LD Assignments Department Directors and supervisors will keep Human Resources informed of projects or work backlogs that can be performed on a temporary basis and, therefore, be considered when making light duty assignments. Resolution 16-003-Exhibit A Page 3 of 3 9. Employee's responsibilities while on LD assignment. a) Coordinate medical appointments in advance with her or his supervisor, and accurately account for sick leave taken b) Following each medical appointment, but at least once every 90 days update her or his supervisor on any change in restrictions or limitations. Such changes must be substantiated on the medical provider's letterhead on a form acceptable to the City. c) Ensure her or his physical activity while on LD stays within the guidelines prescribed by their medical provider d) Communicate any problem with the LD assignment that requires accommodation based on his/her medical condition to the supervisor e) If required by the City, undergo an independent medical examination at the City's expense to help determine whether the employee will be able to return to full duty and to perform the essential function of the employee's job. 10. Supervisor's responsibilities a) Notify HR/Payroll when an emplo e�gins and ends a LD assignment b) Monitor employee to ensure her or his physical activity while on LD stays within the guidelines prescribed by their medical provider c) Communicate with the employee to ensure that any problem with the LD assignment that requires accommodation based on the employee's medical condition is brought to the attention of the Department Director and Human Resources d) Secure the privacy of employee medical condition information in the workplace by keeping all documentation in Human Resources medical file and not on shared network.