Temporary Disability/Light Duty (PER-7, Rev. 2) Cf °'� CITY OF DELRAY BEACH
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ADMINISTRATIVE POLICIES AND PROCEDURES
DEPARTMENT: Human Resources POLICY NUMBER: PER 7
SUBJECT: Temporary Disability/Light SUPERSEDES: Rev. 1
Duty
REVISION: EFFECTIVE DATE: f 21 / 6,1_
APPROVED BY: Terr R. Moore, ICMA-CM, City Manager"
POLICY
A. It is the policy of the City of Delray Beach to reasonably accommodate employees who are
unable to perform all of the essential functions of their job because of a disability, as defined
by the Americans with Disabilities Amendments Act (ADAA).
B. It is expected that all employees will perform the essential functions of their assigned positions
and be present for duty on a timely and regular basis, in order to continue their City
employment. However, it is understood that on occasions some employees will be unable to
perform the essential functions of their position and/or unable to be present for duty due to
illness and/or injury. Although an employee's absence and/or inability to perform the essential
functions of his/her position may be due to reasons beyond his/her control, it is also recognized
that the City of Delray Beach requires regular attendance and full duty performance by their
employees in order to operate effectively.
C. The City is in the business of providing vital municipal services to residents of Delray Beach.
The City has an obligation to provide efficient service to City residents. The City meets its
obligations to residents through the work of its employees.
D. Because of the need to provide services to residents of the City, no employee can be
guaranteed a requested light duty assignment. Pursuant to the provisions of the ADAA, the
City is not required to create a job for an employee who is unable to perform the essential
functions of his or her job with reasonable accommodation.
E. Each request for light duty will be reviewed on an individual basis. The goals of the City in
reviewing each case will be to try to find a way to allow temporary disabled employees to
continue to work, while assuring that the City is able to continue to provide adequate services
to its residents.
F. The limitation on the number of days of eligibility for available light duty is not applicable in cases
of pregnancy.
G. Approved Family and Medical Leave Act (FMLA) shall run concurrent with an on the job injury or
illness and an off-duty injury orillness.
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DEFINITIONS
A. Light Duty - a modification or adjustment in the employee's regular job duties which goes beyond
a reasonable accommodation. Such an assignment permits the employee to continue to work for a
limited time even though he or she is unable to perform the essential functions of his or her job, by
making a temporary adjustment including (but not limited to):
1. Temporarily transferring some or all of the essential functions of the temporarily disabled
employee's job to another employee, or
2. Transferring the temporarily disabled employee to another assignment on a temporary basis.
B. Time Limit on Light Duty - The maximum period that any employee may be on light duty is six
(6)months.
C. Regularly Assigned Duties - The duties and activities customarily performed by the employee in
the position that the employee held at the time of injury or illness.
D. Days -All references to "days" in this policy refer to calendar days, unless specifically stated
otherwise.
E. Full Duty- The performance of an employee's regularly assigned duties on a regular, consistent
basis.
PROCEDURE
A. The City may receive initial notice of disability of an employee in a number of ways:
1. The employee may notify the City of the disability. For example, the employee may notify the
City that his or her doctor has restricted the employee to "light duty" or"sedentary duty."
2. Supervisors or co-workers may notice that the employee seems incapable of performing some
of the functions of his or her job due to some physical or mental disability.
B. When the City becomes aware of an employee's disability, the City will take appropriate steps to
make an initial determination regarding the abilities of the employee. The purpose of this initial
determination is to determine:
1. Whether the employee is able to continue to perform the essential functions of his or her job;
2. Whether the employee is able to continue to perform the essential functions of his or her job if
reasonable accommodation is made;
3. Whether the employee may be entitled to take leave in accordance with Family and Medical
Leave Act (FMLA); and
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4. Whether the employee is expected to be able to return to his or her regular job (with
reasonable accommodation if needed)within six (6) months of the initial date of disability.
C. The initial determination regarding the abilities of the employee shall be made by following the
procedures allowed for by the American with Disabilities Amendments Act, including (but not
limited to) one or more of the following:
1. Conferring with the employee;
2. Conferring with the employee's physician;
3. Requiring the employee to be medically evaluated. (This medical evaluation shall not be
construed as an Independent Medical Examination under the Worker's Compensation Act).
D. When the employee can continue to perform the essential functions of his or her regular job with
reasonable accommodations, the City shall make the reasonable accommodation for the
employee.
E. An employee may be assigned temporary duties outside of a specific job classification, on an as-
needed basis, for a period typically not longer than six (6) months. Such assignments shall be in a
position which is either equal to or lower than their current pay grade. During the period of time
these employees are performing such temporary duty, they will continue to receive their regular
rate of pay.
1. At the end of the above-mentioned six (6) month period, affected employees will be required to
advise their supervisor and Human Resources as to when, if ever, they expect to be able to
return to full duty in their regular job classification. They will be provided a detailed description
of their physical job duties by their supervisor. Their treating physician will be requested to
provide a prognosis as to when they expect the employee will be able to return to work and
perform the full duties of his/her regular job classification.
2. If it appears that an employee will be able to return to full duty in his/her regular job classification
within ninety (90) days or less, the employee will be allowed to continue performing duties
temporarily in the vacant classification or other assigned temporary work. This may continue
until the employee is able to return to his or her regular job classification, or until the additional
ninety (90) day period has expired.
3. If, at the end of the six (6) month period, or at the end of the ninety (90) day extension, an
employee is still unable to perform the essential functions of his/her regular job classification
(even with reasonable accommodation), and is not expected to return to his or her regular duties
(even with reasonable accommodations),the employee will be subject to termination for inability
to perform the essential functions of his or her job. In such cases, the employee will be eligible
to apply for any existing vacancies in the City for which the employee is qualified. In addition,
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the employee shall be entitled to reemployment to the same position, (if the position is open and
available), or to another open and available position for which he or she is qualified for a period
of twelve (12) months from the date of initial disability, if the employee's last performance
evaluation indicated an overall satisfactory or better performance.
4. Upon reemployment to the same positions or to a position in the same pay grade the employee
shall receive the same rate of pay that the employee was entitled to receive prior to his or her
termination or if the position upon reemployment is a position in a lesser pay grade, the
reemployed employee shall be entitled to a rate of pay at the top of the pay range for that
position, whichever is lesser. If the position, upon reemployment, is one in a higher grade
than that held by the employee prior to termination, the employee shall be entitled to receive
the rate of pay at the beginning of the pay range, or pay at the same rate the employee
received prior to termination, whichever is greater.
5. If more than twelve (12) months have elapsed since the initial date of disability and the
former employee seeks employment with the City, the City will treat such application for
employment in the same manner as other applicants for the position as determined by the
City.
MEDICAL EVALUATIONS
A. Fitness for Duty Evaluation -The City may require an employee to undergo a fitness for duty
examination to:
1. Determine if an employee is able to perform the essential functions of his or her job;
2. Determine what reasonable accommodation may be required for the employee;
3. Determination when an employee is expected to be able to return to his or her regular job;
4. Make other appropriate determinations as needed to implement this policy.
B. Evaluation by City Selected Physician - When the City requires an employee to
undergo a fitness for duty examination; the City will send the employee to a physician
selected by the City. Such examinations will be at City expense.
C. Resolution of Conflicts - In the event of a conflict between the opinion of an
employee's physician and the physician selected by the City, a third physician shall be
selected who is mutually agreeable to the City and the employee. The opinion of the
third physician shall control.
D. Confidentiality - In the event a fitness for duty examination is required, the results of
the examination will be maintained on a confidential basis. The only persons who will
be privy to the results of the examination will be the employee's supervisor and/or
department head, the City Manager, the Risk Manager, the Worker's Compensation
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Servicing Agent or their attorney, the City Attorney and/or other members of management
on a strict need to know basis, in order to make decisions regarding any necessary
restrictions and accommodation for the employee.
E. Non-Cooperation - If an employee fails to cooperate with obtaining medical treatment or
fails to submit to a fitness for duty evaluation as required by this section, the employee
shall not be eligible for light duty assignment under this policy.
F. Independent Examination - This examination shall not be construed as an Independent
Medical Examination for Worker's Compensation purposes.
Continuing Evaluation of Ability of Employee
A. The City reserves the right to evaluate the status of all employees assigned to light duty or
reassigned to another position under this policy at any lime to determine whether and when the
employee will be able to return to his or her regular job.
B. The City will review the status of all employees assigned to light duty or reassigned to another
position under this policy every 60 days to determine whether and when the employee will be able
to return to his or her regular job.
C. Employees may be required to submit to a medical evaluation as provided in section 7.3 as part of
this re-evaluation process.
D. If at any time, the employee is not expected to be able to return to his or her regular job within 6
months of the initial date and disability, the employee will be subject to termination for inability to
perform the essential functions of his or her job.
Relationship of Policy to Workers Compensation Laws
A. Notwithstanding any provision of the policy, the City and the employee/claimant under the
Worker's Compensation Statue shall retain all statutory rights.
B. In the event the disability is one that has been determined by the City to be a compensable
Worker's Compensation Disability, the employee will be entitled to the applicable Worker's
Compensation Benefits.
Compliance with Americans with Disabilities Act, Family and Medical Leave Act and Other
Federal or State Laws
This Policy was implemented to assist management in complying fully and completely with the Americans
with Disabilities Amendments Act, and to provide extra protection on a limited basis to employees who are
temporarily unable to perform the essential functions of their jobs even with reasonable accommodation.
The policy has been formulated to comply with the requirements of the ADAA and the Family and Medical
Leave Act in effect at the time of implementation of the policy.
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Disability Benefits and Other Benefits
An employee may apply and receive other disability benefits, if eligible, under the General Employee
Pension Plan, Police and Fire Pension Plan, or long-term disability insurance plan. An employee should
contact the Finance department and Human Resources to obtain information regarding these benefits.
Incorporation into Collective Bargaining Agreements
This policy shall be deemed as part of the Collective Bargaining Agreements between the International
Association of Firefighters, the Police Benevolent Association and the Service Employees International
Union and the City as if fully set forth therein
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