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District Policies

Viewing Policy: SP 4113.4 Temporary Modified/ Light Duty Assignement



TEMPORARY MODIFIED/LIGHT DUTY ASSIGNMENT

 

 

The San Benito County Superintendent of Schools recognizes that, when employees have temporarily disabling medical conditions, temporary modified or light-duty assignments can allow the County Office to continue to use their valuable knowledge, skills, and abilities while minimizing time away from work. Temporary modified/light-duty assignments may also serve to facilitate the employee’s transition back to his/her regular duties or full-time work.

 

Any employee may request a modified or light-duty assignment when he/she has a temporary medical condition which prevents the performance of the essential functions of his/her current assignment or position. The County Superintendent or designee shall determine, on a case-by-case basis, whether a suitable temporary position currently exists to accommodate the physical restrictions specified by the employee’s medical provider.

 

An employee’s initial assignment to a temporary modified or light-duty position shall be for a limited duration, not to exceed 30 days. At the end of the initial assignment, the employee may request that the County Superintendent or designee extend the assignment. When requesting any such extension, the employee shall submit documentation from his/her medical provider verifying that the employee is still temporarily disabled and is not medically able to return to his/her regular assignment. Temporary assignments generally shall not exceed 90 days, but may be extended at the discretion of the County Superintendent or designee for an additional 90 days upon verification by the employee’s medical provider that such an extension will allow the employee to return to unrestricted regular duties.

 

An employee who rejects a temporary modified/light-duty assignment may be subject to a loss of workers’ compensation benefits in accordance with the County Office’s insurance policy.

 

 

Legal Reference:

EDUCATION CODE: 1294 Certificated employees; 1311 Classified employees

 45192 Industrial accident and illness leave for classified employees

GOVERNMENT CODE:12900-12996 Fair Employment and Housing Act 12945.1-12945.2  California Family Rights Act

UNITED STATES CODE, TITLE 29: 2601-2654 Family Care and Medical Leave Act

UNITED STATES CODE, TITLE 42: 12101-12213 Americans with Disabilities Act

COURT DECISIONS: Raine v. City of Burbank, (2006) 135 Cal.App.4th 1215

 

Management Resources:

WEB SITES: California Department of Fair Employment and Housing: http://www.dfeh.ca.gov Equal Employment Opportunity Commission: http://www.eeoc.gov

 

 

 

Policy Approved: 10-11-18