Policy Text
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MODIFIED DUTY PROGRAM
This Order provides for the productive assignment of employees who are temporarily
unable to perform their regular assignment due to an injury, il lness, medical condition, or
pregnancy.
I. General
When an employee is temporarily unable to perform his or her or dinary duties due
to an injury, illness, medical condition or pregnancy, it is th e policy of the
Department, when possible and w hen consistent with departmental goals, to
assign the employee during his or her recovery to another duty or position
consistent with his or her medica l restrictions. Nothing in th is Order is intended to
create an entitlement to a modi fied duty assignment, nor is it intended to create a
permanent modified duty assignment for an employee unable to pe rform the
essential functions of the cla ssification or usual assignment.
II. Administration
A. It is the responsibility of the employee relations officer, as defined in
General Order 3/06, to administe r the modified duty program in the
Sheriff’s Department.
B. The employee relations officer will consult with division co mmanders to
identify temporary assignments av ailable within each division, and will
coordinate with the division co mmanders the placement of employ ees in
modified duty assignments.
C. The employee relations officer will prepare a modified duty status report
identifying all employees placed in a modified duty assignment. This report
shall be submitted to the Administrative Division commander on or before
the tenth of each month, and s hall be forwarded to Executive St aff and to
the County Worker’s Compensation office.
III. Eligibility
A. Permanent and probationary empl oyees are eligible to partici pate. On-call
and extra help employees are eligible only if the employee is p articipating
in the County early return to wor k program pursuant to County P ersonnel
Policy and Procedure G-6.
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1. An employee participating in t he program during his or her
probationary period shall have that probationary period extende d for
the duration of such participat ion pursuant to Civil Service ru le 8.5.
B. The duration of a modified dut y placement shall not exceed o ne year.
Eligibility ceases upon a medical finding that the incapacity i s permanent
and stationary, the employee is s ubstantially limited in a majo r life activity,
or that the employee may return to unrestricted duty.
C. Medical indication for placement in a modified duty assignme nt must be
confirmed in writing by the employee’s attending physician, or by a
physician appointed by the County.
1. The employee’s placement mus t not further aggravate the illn ess or
injury, nor create additional hazard for the injured employee o r
others.
2. The physicians authorization mu st identify the specific rest rictions or
limitations, and the anticipated dur ation of such restrictions or
limitations.
3. The employee relations officer may require additional period ic
medical evaluation of the employee’s medical condition and restrictions.
D. If as the result of a periodic evaluation of the employee’s condition, the
employee relations officer believes the employee may be substan tially
limited in a major life activity , the employee shall be referre d to the
accommodation review process pursuant to General Order 15/07.
IV. Placement
A. An employee who wishes to par ticipate in the program should forward a
request to his or her immediate supervisor.
B. A supervisor who becomes aware that an employee has requeste d or may
be eligible to participate shall notify the employee relations officer. It is not
necessary to wait until the employee makes a request.
C. The employee relations officer will work in conjunction with the division
commander to place the employee in a suitable assignment.
1. First consideration will be giv en to placement in the employ ee’s
assigned division if the division can accommodate the employee consistent with the medical restrictions.
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2. If the division cannot accomm odate the employee, the employe e
relations officer will attempt to place the employee in an assi gnment
in another division withi n the service area.
3. If the employee cannot be a ccommodated within the service ar ea,
the employee relations officer will attempt to place the employ ee in
another assignment in another service area within the Sheriff’s
Department.
4. If there is no suitable assi gnment available within the Depa rtment:
a. If the incapacity is not due to an occupational injury or il lness
the employee will be placed on leave pursuant to General Orders 15/02, 15/03 and County Personnel Policy and ProcedureL-2.
b. If the incapacity is due to an occupational injury or illnes s the
employee will be referred to the Workers Compensation office for participation in the early return to work program
pursuant to County Personnel P olicy and Procedure G-6.
D. Permanent employees will not be involuntarily displaced to a ccommodate a
limited duty employee.
E. Although a division commander may elect to do so, there is n o requirement
that a position or assignment be created to accommodate a limit ed duty
employee. A decision to create a temporary assignment or colle ction of
duties should be based on t he following criteria:
1. The impact on division operations. 2. The relationship of the