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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. 4 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. J:\lwaitesmith\eeadvisy\Policy on Transitional Work Assignments.doc 5