Policy Text
San Francisco Police Department 11.12
GENERAL ORDER Rev. 01/07/04
L- I
TEMPORARY MODIFIED DUTYIREASONABLE ACCOMMODATION
This order describes the Department's policies and procedures for temporary modified duty and
reasonable accommodation for sworn members of the Department. This order supersedes Information
Bulletin #86- 133, and all other Bulletins, Orders, Policies or Procedures regarding modified duty and
reasonable accommodation. This order contains the Department's entire modified duty and reasonable
accommodation policy. This order is intended to be consistent with any rights members may have
under law, including without limitation, workers compensation, the Americans with Disabilities Act,
and the Fair Employment and Housing Act.
Except for matters related to compensation while engaged in temporary modified duty assignments,
nothing in this general order, and no decisions made pursuant to this general order, shall be grievable
under .the Memorandum of Understanding between the Police Officers' Association and the City.
I. INTRODUCTION
A. This Department is charged with the duty to protect life and property, to maintain the
peace, to prevent crime, to enforce criminal laws and ordinances. These duties are best
accomplished when all members are capable of performing the essential bctions of
their positions. Additionally, the Department's staffing has been impacted by the
amendment to the Charter regarding minimum stafXng of the Department.
..-. I B. This policy has two parts. First, it outlines the temporary modified duty assignments for
members who are temporarily injured or ill. Second, it describes the procedure for
members to seek accommodation under State and Federal disabilities laws including the
Americans with Disabilities Act and the Fair Employment and Housing Act.
11. TEMPORARY MODIFIED DUTY POLICY
The temporary modified duty policy allows 'swom members who have a temporary illness or
injury to continue to serve in the Department when they are unable to perform the essential
functions of their position.
A. ELIGIBILITY FOR TEMPORARY MODIFIED DUTY ASSIGNMENTS
1 With the approval of the Chief of Police or his or her designee, a member who
sustains a temporary injury or illness and who is thereby limited from performing
the essential functions of his or her position may be provided a temporary
modified duty assignment.
2. This temporary modified duty policy applies only to swom members of the
Department (hereinafter referred to as "members"). It does not apply to civilian
employees or employees in the academy. Probationary employees are eligible to
the extent that they can complete all probation requirements within the time
period set forth in the current Memorandum of Understanding between the City
and the Police Officers' Association.
DGO 11.12
Rev. 01/07/04
B. DURATION OF TEMPORARY MODIFIED DUTY ASSIGNMENTS --
1. Limited To 365 Days. Temporary modified duty assignments shall be limited in
duration to a maximum of 365 days. At the end of 30 days of a temporary
modified duty assignment, or earlier if warranted, a member shall be reviewed by
the Staff Services Division to determine whether the member will be able to
return to his or her regular assignment. If the modified assignment extends
beyond 30 days, the member's status will be reviewed every 30 days up to the
maximum 365-day duration. Approximately 90 days prior to the expiration of
the 365 day temporary modified duty assignment, the Department will notifL
members of the options set forth in subsection 3. below. Prior to the expiration
of the 365 day temporary modified duty assignment, the Department will
consider and discuss with those members the options set forth in subsection 3.
below.
2. Available Only If Members May Return To Regular Position. If before or
during the temporary modified duty assignment the Department's Physician
determines that the member will not be able to return to his or her regular
position prior to the expiration of the temporary modified duty assignment, then
the Department will consider and discuss with the member the options set forth
in subsection 3. below. At this point, the member will no longer be eligible for
temporary modified duty. In making this determination, the Department's
Physician may consult with the City's independent medical expert, medically . __-
examine the member, review medical records, and/or consult with the member's
treating physician.
3. End Of Temporary Modified Duty Assignment. Once a member is permanent
and stationary andlor has served in a temporary modified duty position for 365
days, or earlier if warranted, the Department will consider and discuss with the
member the following options: (1) returning the member to full duty; (2)
granting a request for a disability accommodation under the ADA andlor state
law (which may include a disability transfer under the City's disability transfer
policy); (3) recommending disability retirement; (4) providing an unpaid leave of
absence pursuant to the Civil Service Rules; (5) allowing sick leave or FMLA
leave; or (6) initiating non-punitive medical separation if none of the above are
appropriate.
4. Members Currently On Modified Duty. Members who are on modified duty
as of the effective date of this General Order shall be entitled to a temporary
modified duty assignment for a period of 365 days starting the effective date of
this General Order. Approximately 90 days prior to the expiration of the 365 day
temporary modified duty assignment, the Department will notifjr members of the
options set forth in subsection 3. above. Prior to the expiration of the 365 day
temporary modified duty assignment, the Department will consider and discuss
with those members the options set forth in subsection 3. above. I