Policy Text
Policy
1054Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentModified Duty Assignments - 1Modified Duty Assignments
1054.1 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 that is protected under federal or state law.
1054.2 POLICY
Subject to operational considerations, the Mountain View 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.
1054.3 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 Mountain View 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-
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 Police Chief 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, engaging in outside employment, or being otherwise limited 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.
1054.4 PROCEDURE
Employees may request a temporary modified-duty assignment for short-term injuries or illnesses.
Mountain View Police Department
Mountain View PD Policy Manual
Modified Duty Assignments
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentModified Duty Assignments - 2Employees seeking a temporary modified-duty assignment should submit a written request to their
Captains 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 Captain will make a recommendation through the chain of command to the Police Chief
regarding temporary modified-duty assignments that may be available based on the needs of the
Department and the limitations of the employee. The Police Chief 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 or Captain, with notice to the Police Chief.
1054.5 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 Captain.
1054.5.1 EMPLOYEE RESPONSIBILITIES
The responsibilities of employees assigned to temporary modified duty shall include, but not be
limited to:
(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 Captain that contains a status update and
anticipated date of return to full-duty when a temporary modified-duty assignment
extends beyond 60 days.
Mountain View Police Department
Mountain View PD Policy Manual
Modified Duty Assignments
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentModified Duty Assignments - 31054.5.2 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, but not be limited to:
(a)Periodically apprising the Captain of the status and performance of employees
assigned to temporary modified duty.
(b)Notifying the Captain and ensuring that the required documentation facilitating a return
to full duty is received from the employee.
(c)Ensuring that employees returning to full duty have completed any required training
and certification.
1054.6 MEDICAL EXAMINATIONS
Prior to returning to full-duty status, employees shall be required to provide certification from their
treating medical professionals stating that they are medically cleared to perform the essential
functions of their jobs without restrictions or limitations.
The Department may require a