HomeMy WebLinkAbout2002-076 Council ResolutionCOUNTY OF ANOKA
CITY OF LINO LAKES
RESOLUTION NO. 02-76
A RESOLUTION ADOPTING A POLICY FOR TRANSITIONAL WORK
ASSIGNMENTS
WHEREAS, employees occasionally have physical disabilities that prevent them from
performing all the duties of their regular jobs, and
WHEREAS, it may benefit both the employer and employee to temporarily assign a
disabled employee to different or modified duties
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Lino
Lakes adopts the attached policy on Transitional Work Assignments and directs the
policy to be included in the Personnel Policies, effective July 22, 2002.
__.. Approved by the City Council of the City of Lino Lakes this 22nd day of July, 2002.
ATTEST:
Ann J. ir, City Clerk
J. Be geson, Mayor
AGENDA ITEM 4A
STAFF ORIGINATOR: Linda Waite Smith, City Administrator
MEETING DATE: July 22, 2002
TOPIC: Consider Approving Resolution No. 02-76 Containing
Policy on Transitional Work Assignments
VOTE REQUIRED: 3/5
BACKGROUND:
The City needs a formal policy to deal with employees who are temporarily unable to
physically perform all the duties of their regular jobs. The three main benefits:
- It allows departments to minimize the impact of being short of staff.
- It positively affects premiums for Workers' Compensation.
It keeps disabled employees connected to the workplace during convalescence.
The proposed policy allows the City to consider, on a case by case basis, requests for
temporary work assignments. The policy would only apply if:
1. There is bona fide work to be performed.
2. The requesting employee has a temporary disability and is expected to recover
fully within one year.
3. The requesting employee has the knowledge, skills and abilities to perform the
duties of the assignment.
4. The requesting employee is available to work at least half time.
5. The attending physician authorizes the assignment.
6. The department reviews the assignment every 30 days and submits written
status reports including an updated physician's authorization.
The policy states that temporary work assignments are not entitlements and work will not
be created to accommodate disabled employees. It does allow employees to be assigned
to other departments as appropriate with compensation adjusted downward if necessary.
OPTIONS:
1. Approve Resolution No. 02-76 containing the proposed policy on Transitional
Work Assignments
2. Decline to approve Resolution No. 02-76 .
3. Return to staff for further review and/or action.
RECOMMENDATION:
1. Option #1
POLICY: Transitional Work Assignment Policy
APPROVED: City Council on July 22, 2002
EFFECTIVE DATE: July 22, 2002
LOCATION: Personnel Policies
APPLICABILITY: All Employee Groups
A. Purpose:
This Transitional Work Assignment Policy is intended to provide less strenuous
work situations for a limited number of regular, full-time employees with
temporary disabilities, within the availability of meaningful assignments and
restrictions imposed by the employee's attending physician.
B. Definitions:
Transitional Work Assignment: Duties and responsibilities that are extracted from
an employee's job description or related job descriptions to produce a worthwhile
experience for the employee and provide a significant service to the City during a
period when the employee has a qualified temporary disability. Duties will not be
created to make work for a disabled employee.
Qualified Temporary Disability: A condition where the employee is physically
unable to perform all the duties of his/her regular position AND has the
knowledge, skills and abilities to physically perform all the duties of a transitional
work assignment AND is expected to recover from the disability to the extent
necessary to perform all the duties of his/her regular position within one year of
the date the disability commenced.
C. Policy:
1. Eligibility
a. Source of Injury/Illness
An employees is eligible to apply for a Transitional Work
Assignment whether his/her temporary disability resulted from an
injury in the workplace or outside the workplace.
b. Expectation of Complete Recovery
A Transitional Work Assignment is temporary and will only be
granted to an employee who has a reasonable medical likelihood of
being able to fully perform all the duties of his or her regular
position within 12 months of the date the temporary disability
commenced.
c. Minimum Employee Time Commitment
In order to receive a Transitional Work Assignment an employee
must be able to work a minimum of four hours per day, five days
per week.
d. Physician's Authorization Required
1) Employee's Medical Records
A request for a Transitional Work Assignment must be
accompanied by a physician's authorization that contains a
diagnosis, current treatment, expected length of recovery,
work restrictions related to the disability and return to work
status.
In order to qualify for a Transitional Work Assignment, an
employee must permit the City access to his/her medical
records prior to and during the Assignment.
2) City's Right to an Independent Evaluation
The City may require an independent evaluation by a
physician selected by the City to verify diagnosis, current
treatment, expected length of disability and work
restrictions related to the employee's temporary disability.
e. Time Limit
A Temporary Work Assignment is limited to 12 months from the
date the temporary disability commenced.
An employee who is unable to return to his/her regularly assigned
duties at the end of a 12 -month Transitional Work Assignment will
be terminated from City employment.
f. Application Procedure
g.
An employee who meets the eligibility criteria and desires a
Transitional Work Assignment should submit a written request to
his/her department director. The request must include a written
authorization from the employee's attending physician stating
diagnosis, current treatment, expected length of recovery, work
restrictions related to the disability and return to work status.
In Case of Multiple Requests
If requests for Transitional Work Assignments outnumber the
Transitional Work Assignments available, a request may be
denied. In no case is the City obligated to create a position for an
employee who is temporarily disabled. Assignments must be
deemed to be beneficial to both the employee and the City.
In the case of multiple requests received during the same time
period, a higher priority will be given to employees who have not
received Temporary Work Assignments in the past.
h. Notification
An employee who is deemed eligible for a Transitional Work
Assignment will receive written notification from the Human
Resources Department detailing the duties, schedule,
compensation, review procedures and time limit applicable to the
assignment.
i. Appeal Process
]•
An employee who believes a Temporary Work Assignment has
been denied inappropriately may appeal in writing to the City
Administrator who will make the final determination.
Periodic Review of Eligibility
Each Temporary Work Assignment will be reviewed by the
appropriate Department Director in writing every 30 days to
determine whether it is still benefiting both the employee and the
City. The review will include an updated authorization from the
attending physician.
A copy of each review will be submitted to the Human Resources
Department.
2. Assignments
a. Inside Employee's Home Department
The Employee's Department Director will determine at the time of
request, based upon medical evidence, department needs and
employee availability, if a Transitional Work Assignment is
available.
b. Outside Employee's Home Department
If a Transitional Work Assignment is not available in the
employee's home department, the City Administrator will consult
with Department Directors about the availability of Transitional
Work Assignments outside the employee's home department. If a
Transitional Work Assignment is available and acceptable to both
the disabled employee and the Department Director overseeing the
assignment, an employee may be assigned to a Temporary Work
Assignment outside his/her home department.
Compensation may be adjusted downward to be consistent with the
position being filled.
c. Compensation
If the duties and responsibilities of a Transitional Work
Assignment are within the framework of the employee's regular
position, the disabled employee's compensation will not be
reduced.
If the employee performs a Transitional Work Assignment that is
outside the framework of the employee's regular position,
compensation may be reduced consistent with that of employees
normally filling that position.
In no case shall the employee's compensation be at a higher level
than for his/her regular position.
3. Disclaimers
a. Employee Right to Refuse Transitional Work Assignment
An employee whose temporary disability makes him/her eligible
for Family and Medical Leave is not required to waive that leave
and accept a Transitional Work Assignment.
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b. Employer Right to Refuse Requests for Transitional Work
Assignments
This policy shall not be construed or interpreted to mean that any
employee is entitled to a Transitional Work Assignment. The City
retains the right to determine if Transitional Work Assignments are
appropriate on a case by case basis.
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