HomeMy WebLinkAboutPOLICY 1029 TEMP MODIFIED DUTY ASSIGN Policy Jeffersonville Police Department
' Policy Manual
Temporary Modified-Duty Assignments
1029.1 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 or current 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.
1029.2 POLICY
Subject to operational considerations,the Jeffersonville 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.
1029.3 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 Indiana Civil Rights Act shall be
treated equally, without regard to any preference for a work-related injury.
No position in the Jeffersonville 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 emergency vehicle or engaging in outside employment, or may otherwise limit them
in employing their law enforcement officer powers.
Temporary modified-duty assignments shall generally not exceed 70 work days, but may be
terrminated prior to 70 days if, within the officer's physicians' opinion and within a reasonable
medical certainty the officer will not be able to return to normal duties in the foreseeable future.
1029.4 PROCEDURE
Employees may request a temporary modified-duty assignment for short-term injuries or illnesses.
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Policy Manual
Temporary Modified-Duty Assignments
Employees seeking a temporary modified-duty assignment should submit a written request to their
Operations 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 Operations 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 Human Resources Department 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 Uniform Patrol Commander or Operations Commander, with notice to the
Chief of Police.
1029.5 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 Operations Commander.
1029.5.1 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 days while
assigned to temporary modified duty.
(d) Submitting a written status report to the Operations Commander that contains a status
update and anticipated date of return to full-duty when a temporary modified-duty
assignment extends beyond 70 days.
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Policy Manual
Temporary Modified-Duty Assignments
1029.5.2 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 Operations Commander of the status and performance of
employees assigned to temporary modified duty.
(b) Notifying the Operations Commander and ensuring that the required documentation
facilitating a return to full duty is received from the employee.
(c) Ensuring that employees returning to full duty have completed any required training and
certification.
1029.6 MEDICAL EXAMINATIONS
Prior to returning to full-duty status, employees shall be required to provide certification from their
treating medical professionals stating that they are medically cleared to perform the essential
functions of their jobs without restrictions or limitations.
The Department may require a fitness-for-duty examination prior to returning an employee to full-
duty status, in accordance with the Fitness for Duty Policy.
1029.7 PREGNANCY
If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth or a
related medical condition,the employee will be treated the same as any other temporarily disabled
employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a
temporary modified-duty assignment.
1029.7.1 NOTIFICATION
Pregnant employees should notify their immediate supervisors as soon as practicable and provide
a statement from their medical providers identifying any pregnancy-related job restrictions or
limitations. If at any point during the pregnancy it becomes necessary for the employee to take a
leave of absence, such leave shall be granted in accordance with the City's personnel rules and
regulations regarding family and medical care leave.
1029.8 PROBATIONARY EMPLOYEES
Probationary employees who are assigned to a temporary modified-duty assignment shall have
their probation extended by a period of time equal to their assignment to temporary modified duty.
1029.9 MAINTENANCE OF CERTIFICATION AND TRAINING
Employees assigned to temporary modified duty shall maintain all certification, training and
qualifications appropriate to both their regular and temporary duties, provided that the certification,
training or qualifications are not in conflict with any medical limitations or restrictions. Employees
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Policy Manual
Temporary Modified-Duty Assignments
who are assigned to temporary modified duty shall inform their supervisors of any inability to
maintain any certification, training or qualifications.
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