Common use of Disability Management Clause in Contracts

Disability Management. The parties hereby agree that this Letter shall modify those Articles and Sections of the Agreement which require that employees be fully able to perform all the duties of their position. The parties recognize that employees may have certain temporary medical restrictions which prevent them from performing their full range of duties. For the purpose of this Letter, “limited duty assignment” is defined as an assignment generally lasting 180 calendar days or less which can be performed by employees whose medical condition does not permit them to perform all of the functions of their classification. Employees may request an extension beyond the 180 calendar days for the Employer to consider. In accordance with Articles 16 and 17, employees on sick leave, Workers’ Compensation or medical leave of absence must furnish the Employer the following medical documentation from their physician: • medical condition and prognosis; • projected duration of disability; • any restrictions such as physical movement, and the length of the work day; • a schedule of prescribed physical or occupational therapy; • a description of all prescribed medications and/or prosthetic devices relating to the disabling condition. The Employer reserves the right to have employees examined by the Employer’s physician, without cost to the employee, to determine whether he/she is able to return to work for full or limited duty. Employees who object to examination by a state employed doctor may be examined by a mutually approved doctor. In the absence of mutual agreement, the parties will select a physician from recommendations from a county or local medical society, by alternate striking, if necessary. After the initial medical documentation has been furnished, employees will be required to provide additional documentation upon request by the Employer, if their medical condition changes, or if the limitations recommended by the treating physician change. Employees who feel they are unable to complete assignments within a pain free range will be required to notify their supervisor immediately and may be required to provide medical certification relating to the assignment. There shall be no loss of pay or benefits for employees in limited duty assignments. Such employees may work both voluntary and mandatory overtime in accordance with the medical certification. The Employer reserves the right to notify the State’s Workers’ Compensation insurance carrier that an offer of employment was made. The Local Union President shall be notified in writing when employees are given limited duty assignments and what the employee will be doing. The Local Union President will also be notified in writing as employees are returned to full duty. Problems arising under this Letter shall be raised in Agency Labor-Management meetings and shall not be grieved until such discussions have taken place. The time limits in Article 9 shall be extended for this purpose only. If the problems cannot be resolved at the Agency, the Union may bring the problems to the attention of the Central Department Human Resource Office. This request for assistance may be at the Department Labor-Management meeting or by telephone.

Disability Management. The parties hereby agree that this Letter shall modify those Articles and Sections of the Agreement which require that employees be fully able to perform all the duties of their position. The parties recognize that employees may have certain temporary medical restrictions which prevent them from performing their full range of duties. Based solely on the availability of limited duty assignments and the medical limitations placed on employees, such employees will be given limited duty assignments upon request. For the purpose of this Letter, “limited duty assignment” is defined as an a Bargaining Unit assignment generally lasting 180 calendar days or less which can be performed by employees whose medical condition does not permit them to perform all of the functions of their classification. Employees may request an extension beyond the Assignments in other bargaining units shall generally last 180 calendar days or less. Employees are eligible for limited duty assignment because of illness or injury and because they are temporarily unable to perform their regular job duties at full capacity. Employees with work related injuries may be offered limited duty assignments. Employees with non-work related injuries or illnesses may volunteer for such assignments. If employees volunteer for limited duty assignments they shall do so by notifying the Employer Agency Human Resource Office and the Local Union in writing of their desire to considerreturn to work. In accordance with Articles 16 and 17, employees on sick leave, Workers’ Compensation or medical leave of absence must furnish the Employer the following medical documentation from their physician: • medical condition and prognosis; • projected duration of disability; • any restrictions such as physical movement, and the length of the work day; • a schedule of prescribed physical or occupational therapy; • a description of all prescribed medications and/or prosthetic devices relating to the disabling condition. The Employer reserves the right to have employees examined by the Employer’s physician, without cost to the employee, to determine whether he/she is able to return to work for full or limited duty. Employees who object to examination by a state employed doctor may be examined by a mutually approved doctor. In the absence of mutual agreement, the parties will select a physician from recommendations from a county or local medical society, by alternate striking, if necessary. After the initial medical documentation has been furnished, employees will be required to provide additional documentation upon request by the Employer, if their medical condition changes, or if the limitations recommended by the treating physician change. In accordance with paragraph 2, limited duty assignments will generally be for a period not to exceed 180 calendar days. Extensions may be considered on a case by case basis based on medical documentation. Limited duty assignment shall be made in accordance with the physician’s recommendations. Employees who feel they are unable to complete assignments within a pain free range will be required to notify their supervisor immediately and may be required to provide medical certification relating to the assignment. The Employer will make an effort to keep employees on the same shift and schedule while they are on limited duty assignment. There shall be no loss of pay or benefits for employees in limited duty assignments. Such employees may work both voluntary and mandatory overtime in accordance with the medical certification. The Employees are not required to accept such assignments. However, the Employer reserves the right to notify the State’s Workers’ Compensation insurance carrier that an offer of employment was made. The Local Union President shall be notified in writing when employees are given limited duty assignments and what the employee will be doing. The Local Union President will also be notified in writing as employees are returned to full duty. Problems arising under this Letter shall be raised in Agency Labor-Labor- Management meetings and shall not be grieved until such discussions have taken place. The time limits in Article 9 shall be extended for this purpose only. If the problems cannot be resolved at the Agency, the Union may bring the problems to the attention of the Central Department Human Resource Office. This request for assistance may be at the Department Labor-Management meeting or by telephone.

Disability Management. The parties hereby agree that this Letter shall modify those Articles and Sections of the Agreement which require that employees be fully able to perform all the duties of their position. The parties recognize that employees may have certain temporary medical restrictions which prevent them from performing their full range of duties. Based solely on the availability of limited duty assignments and the medical limitations placed on employees, such employees will be given limited duty assignments upon request. For the purpose of this Letter, “limited duty assignment” is defined as an a Bargaining Unit assignment generally lasting 180 calendar days or less which can be performed by employees whose medical condition does not permit them to perform all of the functions of their classification. Employees may request an extension beyond the Assignments in other bargaining units shall generally last 180 calendar days or less. Employees are eligible for limited duty assignment because of illness or injury and because they are temporarily unable to perform their regular job duties at full capacity. Employees with work related injuries may be offered limited duty assignments. Employees with non-work related injuries or illnesses may volunteer for such assignments. If employees volunteer for limited duty assignments they shall do so by notifying the Employer Agency Human Resource Office and the Local Union in writing of their desire to considerreturn to work. In accordance with Articles 16 and 17, employees on sick leave, Workers’ Compensation or medical leave of absence must furnish the Employer the following medical documentation from their physician: •  medical condition and prognosis; •  projected duration of disability; •  any restrictions such as physical movement, and the length of the work day; •  a schedule of prescribed physical or occupational therapy; •  a description of all prescribed medications and/or prosthetic devices relating to the disabling condition. The Employer reserves the right to have employees examined by the Employer’s physician, without cost to the employee, to determine whether he/she is able to return to work for full or limited duty. Employees who object to examination by a state employed doctor may be examined by a mutually approved doctor. In the absence of mutual agreement, the parties will select a physician from recommendations from a county or local medical society, by alternate striking, if necessary. After the initial medical documentation has been furnished, employees will be required to provide additional documentation upon request by the Employer, if their medical condition changes, or if the limitations recommended by the treating physician change. In accordance with paragraph 2, limited duty assignments will generally be for a period not to exceed 180 calendar days. Extensions may be considered on a case by case basis based on medical documentation. Limited duty assignment shall be made in accordance with the physician’s recommendations. Employees who feel they are unable to complete assignments within a pain free range will be required to notify their supervisor immediately and may be required to provide medical certification relating to the assignment. The Employer will make an effort to keep employees on the same shift and schedule while they are on limited duty assignment. There shall be no loss of pay or benefits for employees in limited duty assignments. Such employees may work both voluntary and mandatory overtime in accordance with the medical certification. The Employees are not required to accept such assignments. However, the Employer reserves the right to notify the State’s Workers’ Compensation insurance carrier that an offer of employment was made. The Local Union President shall be notified in writing when employees are given limited duty assignments and what the employee will be doing. The Local Union President will also be notified in writing as employees are returned to full duty. Problems arising under this Letter shall be raised in Agency Labor-Management meetings and shall not be grieved until such discussions have taken place. The time limits in Article 9 shall be extended for this purpose only. If the problems cannot be resolved at the Agency, the Union may bring the problems to the attention of the Central Department Human Resource Office. This request for assistance may be at the Department Labor-Management meeting or by telephone.