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Policy 1028Santa Monica Police Department Santa Monica Police Department Policy Manual Copyright Lexipol, LLC 2024/10/28, All Rights Reserved. Published with permission by Santa Monica Police DepartmentTemporary Modified-Duty Assignments - 1Temporary Modified-Duty Assignments 1028.1 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. 1028.1.1 DEFINITIONS Modified-Duty - Means a temporary, limited term assignment not requiring performance of the full range of duties associated with the regular job classification. Modified-duty includes those assignments termed "light-duty." 1028.2 POLICY Subject to operational considerations, the Santa Monica 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. 1028.3 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 Monica 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 the following: (a)The member's ability to perform in the modified-duty assignment. (b)The operational needs of the Department. (c) Inadequate performance or lack of Department need or change in priorities, may result in the member's removal from the assignment or a modification of the assignment. Santa Monica Police Department Santa Monica Police Department Policy Manual Temporary Modified-Duty Assignments Copyright Lexipol, LLC 2024/10/28, All Rights Reserved. Published with permission by Santa Monica Police DepartmentTemporary Modified-Duty Assignments - 2The Chief of Police or his/her designee will conduct a review of the continued feasibility and productivity of the temporary modified-duty assignment from an operational perspective no less frequently than every ninety (90) days (City of Santa Monica Administrative Instruction III-5-3: Temporary Modified Duty for Work Related injuries and Illnesses ) 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, engaging in outside employment, or being otherwise limited in employing their peace officer powers. 1028.4 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 Department of Human Resources or the City Attorney as appropriate. Modified-duty assignments that extend beyond 60 days will require a written status report and a request for an extension to the Division Commander. Extensions require the approval of the Chief of Police. Requests for a temporary modified-duty assignment of 20 hours or less per week may be approved and facilitated by the Watch Commander or Division Commander, with notice to the Chief of Police. 1028.5 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. Santa Monica Police Department Santa Monica Police Department Policy Manual Temporary Modified-Duty Assignments Copyright Lexipol, LLC 2024/10/28, All Rights Reserved. Published with permission by Santa Monica Police DepartmentTemporary Modified-Duty Assignments - 31028.5.1 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 Division Commander