Policy Number: III-13
Last Reviewed: April 16, 2019
Responsible Dept.: Human Resources
Office to contact for clarifications: Human Resources
A signed copy of this policy is available in the President’s Office.
Purpose:
It is Virginia Western Community College’s policy to retain our valued employees, achieve a safe and timely return of injured or ill employees to the workforce, and reduce costs related to disability.
This policy is in accordance with Executive Order 109 and applies to all employees who are restricted in the performance of their job functions due to work-related injuries/illnesses and non-occupational injuries/illnesses, regardless of the employee’s sick leave plan (Virginia Sickness and Disability Program, Traditional, or none). The Return-to-Work Program allows for the flexibility to take into account the employee’s special circumstances using a Transitional Employment Plan (TEP) for transitional duty, or transitional work assignments when appropriate.
Definitions:
Job Restriction – A medical restriction that prevents the employee from completing the essential functions of their position requiring an accommodation and/or when the physician has not released the employee to return to work full time.
Maximum Medical Improvement (MMI) – Point at which employee has recovered and no further progress is anticipated.
Return-to-Work Coordinator – The Human Resources representative designated to coordinate the provisions of the college’s Return-to-Work Policy is the primary contact for non-occupational injuries/illnesses.
Transitional Duty – An accommodation for when the injured/ill employee’s regular job duties are adjusted to meet the job restrictions as set forth by the attending physician.
Transitional Work Assignment – An accommodation involving reassignment of an employee that occurs when the essential functions of the regular job cannot be performed due to the injury/illness. The assignment may involve work activities outside the scope of the normal position, and outside of the employee’s pre-injured/pre-illness department, yet are duties are within the knowledge and skill levels of the injured/ill employee.
Transitional Employment Plan (TEP) – Documentation of the duties the employee will perform during the transitional duty or transitional work assignment period.
Workers’ Compensation Return-to-Work Coordinator – The Human Resources representative designated to coordinate the provisions of the Commonwealth’s Workers’ Compensation Program is the primary contact with the college’s Return-to-Work Policy for occupational injuries/illnesses.
Policy:
Employees with job restrictions that are determined to be short-term in nature (i.e. 1 – 13 days) by the attending physician will not be issued a Transitional Employment Plan. This plan will be made available to those employees with job restrictions greater than 14 calendar days, and which are anticipated to last 90 days or less. A transitional duty or transitional work assignment will be determined based on the job restriction and essential functions of the employee’s position.
If the physician lifts the job restrictions, or the restrictions become such that they do not impede the essential functions of the employee’s position, the employee is expected to fulfill the essential functions of their position and, if reassigned, return to their previous department.
The Transitional Employment Plan will be reviewed by the coordinator, supervisor, employee, and attending physician every 30 days. The employee is expected to ensure that Human Resources receives the physician’s review in a timely reasonable manner, generally no later than 10 business days.
Undue Hardship
The provisions of the Americans with Disabilities Act as Amended (ADAAA) and other applicable laws will be reviewed by the supervisor, coordinator, and associate vice president of Human Resources to determine undue hardship if:
- After 90 days if the physician deems that the job restrictions are still in force.
- During the 90 days if it is reported by the attending physician that the employee has reached maximum medical improvement and that long-term job restrictions are in force.
Supervisory and Employee Role
Supervisors and employees are to adhere to the college’s Return-to-Work Program Procedure.
Disciplinary Actions
Virginia Western Community College reserves the right to discipline employees in accordance with DHRM 1.60 Standards of Conduct Policy and VCCS Faculty Sanctions for violations of this policy or procedures.
Additional Information:
References
Governor’s Executive Order 109 (2010)
§ 65.2 Code of Virginia
Department of Human Resources Management Policy 1.60, 4.20, 4.55, 4.57, and 4.60
Virginia Western Community College Workers’ Compensation Procedure
Virginia Western Community College Return-to-Work Procedure
Virginia Sickness and Disability Program (VSDP)
VCCS Policy Manual Section 3.09
Americans with Disabilities Act as Amended
Family and Medical Leave Act of 1993
