Police Department Policy

doc_1303898

Santa Ana PD

Policy Text
Policy 228Santa Ana Police Department Custody Manual Copyright Lexipol, LLC 2024/02/21, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Temporary Modified-Duty Assignments - 1Temporary Modified-Duty Assignments 228.1 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, and 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. 228.2 POLICY Subject to operational considerations, the Santa Ana 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. 228.3 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 Santa Ana 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 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 department-owned 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. Santa Ana Police Department Custody Manual Temporary Modified-Duty Assignments Copyright Lexipol, LLC 2024/02/21, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Temporary Modified-Duty Assignments - 2228.4 PROCEDURE At SAPD and Jail Management's discretion, employees may be assigned to a Bridge Assignment, even if it is outside their assigned Department/Division, for the period of time they have work restrictions, as long as the Bridge Assignment does not exceed their restrictions. Employees seeking a temporary modified-duty assignment should submit a written request to the Jail Administrator or the authorized designee. 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 Jail Administrator 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 Department of Human Resources 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 Jail Administrator, with notice to the Chief of Police. 228.5 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 Jail Administrator. 228.5.1 EMPLOYEE RESPONSIBILITIES The responsibilities of employees assigned to temporary modified duty shall include but are not 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 calendar days while assigned to temporary modified duty. Santa Ana Police Department Custody Manual Temporary Modified-Duty Assignments Copyright Lexipol, LLC 2024/02/21, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Temporary Modified-Duty Assignments - 3(d)Submitting a written status report to the Jail Administrator that contains a status update and anticipated date of return to full duty when a temporary modified-duty assignment extends beyond 60 calendar days. (e)No member shall work overtime while on modified duty for an industrial or nonindustrial injury/illness. 228.5.2 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 are not limited to: (a)Periodically apprising the Jail Administrator of the status and performance of employees assigned to temporary modified duty. (b)Notifying the Jail Administrator and ensuring that the required documentation facilitating a return to

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