Common use of Transitional Duty Clause in Contracts

Transitional Duty. Definition: Transitional Duty is designed to allow a paraprofessional employee to safely return to work in a job within the paraprofessional bargaining unit with temporary physical limitations and restrictions which may prevent the employee from performing all of his or her regularly assigned duties. Transitional Duty applies only to work-related workers' compensation injuries or occupational disease and is not to be considered as an official position or job. Transitional duty is not a job classification, permanent or otherwise. An employee performing transitional duties retains his/her existing job classification and seniority. Paraprofessionals shall not be assigned duties outside of the paraprofessional bargaining unit, and employees within other bargaining units shall not be assigned to perform Transitional Duty work within the paraprofessional bargaining unit. Transitional Duty is applicable only when it is deemed medically reasonable that a full recovery is expected to occur within twelve (12) weeks. Transitional Duty, therefore, shall last no more than twelve (12) weeks with a full return to work by the end of twelve (12) weeks. Transitional duty is not available if the employee has reached maximum medical improvement as determined by the Bureau of Workers' Compensation. To be eligible for Transitional Duty an employee must complete the BWC First Report of Injury (FROI) forms and the Accident/Injury Report form Part I as required by the Employer. The Accident/Injury Report shall be submitted to the employee’s supervisor who shall note the date the form is received upon the form. Transitional Duty is implemented upon the availability of Transitional Duty within the paraprofessional bargaining unit. Human Resources, with consultation with the Union President, shall be the approval authority for all Transitional Duty. Full, regular wages are paid during Transitional Duty. The Treasurer shall use a payroll code for salaried and another code for hourly employees working in Transitional Duty to allow for proper tracking of Transitional Duty. Overtime is not permitted unless approved by the attending physician and will not have a negative impact upon or delay recovery. Transitional Duty can be less than full time with Salary Continuation paid, if eligible, for hours not worked to supplement a full, regular wage. Hours not worked must be documented and supported by appropriate medical documentation. For example, an employee normally scheduled for eight (8) hours per day is released to return to work four (4) hours and attends physical therapy the remaining four (4) hours. In this situation, he will work four (4) hours and receive his regular wages and then receive four (4) hours of continuation of pay upon submission of supporting medical documentation of the time spent in therapy. Transitional Duty is applicable to compensable injuries as determined by the Bureau of Workers' Compensation whether lost time or medical only. Once an employee returns to work under the Transitional Duty program, Salary Continuation is payable in medical-only claims. For example, if an employee is off four days and returns to work under an approved Transitional Duty program, the four days will not be considered Salary Continuation. If, however, the employee returns to work under Transitional Duty and must then be excused for physical therapy or doctor visits in order to continue Transitional Duty and recover from a work-related injury, Salary Continuation is payable while the employee is off the work site. The employee shall provide to his or her supervisor appropriate medical documentation supporting attendance. Appropriate medical documentation should include the date, time in and time out, and the medical provider’s signature. Salary Continuation is not payable for medical appointments once the employee is released to full duty, has exhausted all available Salary Continuation, or their limitations and restrictions do not prevent the employee from performing the essential duties of their position. An employee on Transitional Duty who has exhausted all available Salary Continuation may elect to use available paid leave or leave without pay. An employee cannot work a second job within or outside of the District and work