Return to Work Policy
Date Established: October 19, 2020
Date Last Updated: October 19, 2020
Purpose
It is the purpose of this program to provide direction for injured employees who are unable to return to their regular job classification who also receive clearance from their treating physician to return to work with restrictions. This policy is not intended to modify or supersede the procedures applicable to employees eligible for leave benefits under the Family and Medical Leave Act.
The policy applies to employees who are on leave as a result of injury or illness incurred either on- or off-the-job. For the purpose of this program, treating physician is defined as:
– In the case of an employee injured on the job, the treating physician will be determined by the City’s third-party administrator.
– In the case of an employee injured away from work, the treating physician will be the physician treating the injury or illness that prevents the employee from performing their normal duties.
Policy Statement
It is the policy of the City of Ames to offer modified or alternate work for an injured employee, who is temporarily unable to return to their regular job classification. Temporary modified or alternate work will be provided as available in compliance with the Americans with Disabilities Act Amendments Act (ADAAA) and Iowa Workers Compensation Act. Alternate work may be either within the assigned department, if available, or within another City department, as coordinated by the department and Human Resources.
The City of Ames will make reasonable accommodations to a disability, unless the accommodations would impose an undue financial and administrative burden on the City.
The feasibility of reasonable accommodations shall be determined on a case-by-case basis taking into consideration the employee’s specific physical or mental impairment, the essential functions of the job, the work environment, and the City’s ability to provide reasonable accommodations. The City cannot guarantee a temporary alternate duty position and is under no obligation to offer, create or encumber any specific position for purposes of offering placement to such a position.
In the event an employee refuses a temporary alternate duty position (outside the employee’s FMLA benefit period), and the employee is able to perform that temporary alternate duty according to the work restrictions provided to the employer, the City is not obligated to provide another temporary alternate duty position.
A. Objectives:
1. To return the employee who is injured to work as soon as possible when there is not a significant risk of substantial harm to themselves and others.
2. To minimize financial hardship and emotional stress to the employee who has sustained an injury.
3. To assist the employee in returning to work at a level as close as practicable to their pre-injury earnings and productivity.
4. To retain qualified and experienced employees.
B. Temporary Alternate Duty (TAD):
1. TAD is defined as modified duties or hours assigned to an injured worker, when the treating physician indicates the employee can return to work, but is not yet authorized to perform the duties normally assigned their position, and their injury has not reached maximum medical improvement.
2. The purpose of TAD is to provide temporary work, within medical restrictions, for an injured employee. TAD may be available with medical prognosis indicating that the employee is expected to return to full duty following a course of medical treatment.
3. If alternate work is available, the employee should be provided with TAD as soon as medically feasible. TAD must be consistent with the employee’s physical/mental abilities, knowledge and skills.
4. An employee in TAD capacity will continue to receive the salary and benefits of their job classification. A TAD assignment should be reviewed after each medical appointment, normally every 7 to 14 days. TAD will not exceed three months (90 calendar days) without review by the Department Head, Human Resources Director and Risk Manager.
5. TAD may be requested by an employee if they have incurred an off-the-job injury and have restrictions that would prevent the employee from meeting the regular job duties of their classification. The request should be submitted to the employee’s department director or the Risk Manager. The request will be reviewed by the Human Resources Director, Risk Manager and the Department Head.
6. TAD assignments are not a matter of right. The number, availability and duration of such assignments are limited by the City and departmental needs as determined by the City or department head. However, the City will work with employees to find reasonable accommodations for disabilities under the ADAAA. The purpose of an accommodation is to allow the employee to perform the essential functions of their current classification.
7. TAD Procedures:
a. Risk Manager or Workers Compensation Third Party Administrator:
1) Informs physician about the TAD program. In the case of a non-work related injury the notification will not be made until requested by the injured employee.
2) Informs employee about the TAD program.
3) Obtains information regarding medical condition of employee from the City’s designated healthcare provider or other authorized treating healthcare provider(s). If the injury is not work related, the employee is responsible for providing their supervisor with information regarding their work status. The employee cannot return to work in the modified capacity without the release of the treating physician.
b. Department Head and/or Employee’s Supervisor, along with Risk Manager:
1) Develops work assignments on a case-by-case basis, if available, depending on medical restrictions. Determines appropriate work hours, shifts, duration and locations of all work assignments.
2) Develops appropriate TAD assignments, and monitors on-going medical and work adjustment.
3) Meets with the injured employee to review TAD status.
4) Ensures that the TAD offer, including physical requirements, is reviewed and approved by the treating physician.
c. Employee:
1) Reviews and signs a Temporary Alternate Duty Offer and either:
i. On the Job Injury Return to Work Program Statement of Acknowledgment; or
ii. Off the Job Injury Return to Work Program Statement of Acknowledgement.
NOTE: These forms are prepared by Human Resources
2) When the treating physician has determined that Maximum Medical Improvement has been reached and the employee is able to perform the essential job duties of their job with or without reasonable accommodations, the employee shall return to the job classification and duties held prior to the work injury. Should the employee require reasonable accommodations to perform the essential functions of their position, the employee will notify their supervisor and the supervisor will contact the Risk Manager. The Risk Manager will initiate the interactive process.
3) When the physician has determined that Maximum Medical Improvement has been reached, and the employee is unable to perform the essential job duties of their job with or without reasonable accommodations, as determined during the interactive process, the employee may be assigned to a TAD of up to 90 days. The assignment of modified duty will be dependent upon the availability of work within the employee’s restrictions and their abilities.
i. An employee assigned to a TAD will either report to their regular department or the assigned City department coordinated by the Risk Manager. The employee shall be assigned to do work they are able to do, under the restrictions that the treating physician has placed on the employee.
ii. An employee placed on a TAD shall continue to receive the salary and benefits of their regular job classification.
iii. During the TAD, the employee will be encouraged and afforded opportunities to apply for available alternative jobs for which they are able to perform the essential functions of the job and for which they meet the minimum qualifications and/or hold civil service rights.
iv. At the conclusion of their TAD period, employees who have been unsuccessful in obtaining other jobs for which they are qualified, hold civil service rights and for which they are able to perform the essential functions with or without reasonable accommodations or if no jobs were available within the City, may have their employment terminated, unless an applicable collective bargaining contract extends the time of the TAD period. Terminated employees shall be afforded all rights and benefits included in applicable collective bargaining contracts and/or City policies in effect at the time of the termination.
v. City of Ames will provide, to the employees referenced in paragraph 4 above, information on how to apply for long term disability insurance, disability assistance from Social Security and IPERS when it is appropriate.
C. Responsibilities of the Employee:
1) Employees are responsible for notifying the Human Resources Department of any changes to their current mailing address.
2) To determine the appropriateness of job assignments, the employee who is unable to return to work without restriction is responsible for keeping Human Resources informed of the status of the employee’s availability to work and the restrictions provided by their treating physician.
3) Unless otherwise provided in a collective bargaining agreement, if the employee injured on duty rejects any assignment which is compatible with given medical restrictions, the employee shall not be compensated by the City of Ames or the City of Ames workers compensation carrier with temporary, partial, temporary total or healing period benefits during the period of refusal (Iowa Code section 85.53 Suitable Work).
4) The employee assumes responsibility for reviewing open positions within the City and contacting Human Resources to apply for available positions that are within their medical restrictions. In order to apply for an open position, the employee must meet the minimum qualifications as posted and be able to perform the essential functions of the position with or without reasonable accommodations. If applying for a civil service position, the employee must meet the minimum qualifications or hold civil service rights to the position.
The employee must work within the restrictions provided by their treating physician when assigned with TAD. If any medical restrictions change, the employee must immediately notify the City and provide the City with a copy of the new medical release. Employees failing to work within their restrictions face disciplinary action in accordance with City policy and/or their collective bargaining agreement.
Contact Information
Risk Manager
515-239-5199