Policy Text
Policy
1037Fremont Police Department
Temporary Modified-Duty Assignments
1037.1 PURPOSE AND SCOPE
This policy establishes procedures for providing temporary modified-duty assignments. This policy
is not intended to affect the rights or benefits of employees under federal or state law, City
rules, current memorandums of understanding, or collective bargaining agreements. For example,
nothing in this policy affects the obligation of the Department to engage in a good faith, interactive
process to consider reasonable accommodations for any employee with a temporary or permanent
disability or limitation that is protected under federal or state law.
1037.2 POLICY
Subject to operational considerations, the Fremont Police Department may identify temporary
modified-duty assignments for employees who have an injury or medical condition resulting in
temporary work limitations or restrictions. A temporary assignment allows the employee to work,
while providing the Department with a productive employee during the temporary period.
1037.2.1 MODIFIED DUTY ASSIGNMENTS
(a)The delivery of public safety services is the primary mission of the Fremont Police
Department. Due to budget constraints and the Department staffing strategy, the
Department has very limited opportunities for modified duty assignments. Such
assignments will not be created to meet individual needs.
(b)Modified duty assignment opportunities may be made available when the needs of
the Department justify the assignment and such assignment will not be burdensome
to the Department's mission.
(c)Employees who are assigned to a temporary modified duty assignment are assigned
on a first-come, first-served basis, and seniority has no part in who receives the
assignment.
(d)The Fremont Police Department maintains no permanent modified duty assignments.
1037.3 GENERAL CONSIDERATIONS
Priority consideration for temporary modified-duty assignments will be given to employees with
work-related injuries or illnesses that are temporary in nature. Employees having disabilities
covered under the Americans with Disabilities Act (ADA) or the California Fair Employment and
Housing Act (Government Code § 12940 et seq.) shall be treated equally, without regard to any
preference for a work-related injury.
No position in the Fremont Police Department shall be created or maintained as a temporary
modified-duty assignment.
Temporary modified-duty assignments are a management prerogative and not an employee
right. The availability of temporary modified-duty assignments will be determined on a case-by-
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case basis, consistent with the operational needs of the Department. Temporary modified-duty
assignments are subject to continuous reassessment, with consideration given to operational
needs and the employee's ability to perform in a modified-duty assignment.
The Chief of Police or the authorized designee may restrict employees working in temporary
modified-duty assignments from wearing a uniform, displaying a badge, carrying a firearm,
operating an emergency vehicle or engaging in outside employment, or may otherwise limit them
in employing their peace officer powers.
Temporary modified-duty assignments shall generally not exceed a cumulative total of 1,040 hours
in any one-year period.
1037.4 PROCEDURE
Employees may request a temporary modified-duty assignment for short-term injuries or illnesses.
Employees seeking a temporary modified-duty assignment should submit a written request to their
Division Commanders or the authorized designees. The request should, as applicable, include a
certification from the treating medical professional containing:
(a)An assessment of the nature and probable duration of the illness or injury.
(b)The prognosis for recovery.
(c)The nature and scope of limitations and/or work restrictions.
(d)A statement regarding any required workplace accommodations, mobility aids or
medical devices.
(e)A statement that the employee can safely perform the duties of the temporary
modified-duty assignment.
The Division Commander will make a recommendation through the chain of command to the Chief
of Police regarding temporary modified-duty assignments that may be available based on the
needs of the Department and the limitations of the employee. The Chief of Police or the authorized
designee shall confer with the Human Resources Department or the City Attorney as appropriate.
Requests for a temporary modified-duty assignment of 20 hours or less per week may be approved
and facilitated by the Watch Commander, Division Commander, or Deputy Chief with notice to
the Chief of Police.
1037.5 ACCOUNTABILITY
Written notification of assignments, work schedules and any restrictions should be provided
to employees assigned to temporary modified-duty assignments and their supervisors. Those
assignments and schedules may be adjusted to accommodate department operations and the
employee’s medical appointments, as mutually agreed upon with the Division Commander.
1037.5.1 EMPLOYEE RESPONSIBILITIES
The responsibilities of employees assigned to temporary modified duty shall include, but not be
limited to:
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(a)Communicating and coordinating any required medical and physical therapy
appointments in advance with their supervisors.
(b)Promptly notifying their supervisors of any change in restrictions or limitations after
each appointment with their treating medical professionals.
(c)Communicating a status update to their supervisors no less than once every 30 days
while assigned to temporary modified duty.
(d)Submitting a written status report to the Division Commander that contains a status
update and anticipated date of return to full-duty when a temporary modified-duty
assignment extends beyond 60 days.
1037.5.2 SUPERVISOR RESPONSIBILITIES
The employee’s immediate supervisor shall monitor and manage the work schedule of those
assigned to temporary modified duty.
The responsibilities of supervisors shall include,