§ 82-564. Return to work

(a) Guidelines. It is the policy of the county, with the cooperation of all departments, to return all injured/ill employees to work as soon as feasible. If an employee is unable to return to his regular job duties, the county will make every reasonable effort to assign the employee to modified or different job duties. However, priority is given to placing employees who have sustained a compensable workers' compensation injury or illness. An employee who is able to return to work will do so under the following circumstances:

(1) Full medical release with no restrictions: The employee returns to work and is able to perform his regularly assigned job duties.

(2) Full medical release with permanent restrictions: The employee returns to work and is able to perform modified job duties. If feasible, the department may:

a. Retain the employee in his position by accommodating all medical restrictions;

b. Transfer the employee to another position;

c. Contact the human resources/civil service department for assistance in possibly placing the employee in another county department; or

d. Terminate the employee if unable to accommodate.

(3) Temporary medical restrictions: The employee is able to return to work with temporarily modified job duties. If feasible, the department may:

a. Temporarily modify the employee's job duties, not to exceed 90 days;

b. Reassign the employee to another position in the department;

c. Contact the human resources/civil service department for assistance in temporarily placing the employee in another county department; or

d. Terminate the employee if unable to accommodate.

(b) Placement of employee. Placement of an employee is not automatic or guaranteed. The following conditions apply:

(1) A vacancy must exist;

(2) The employee must meet the qualifications;

(3) The hiring department may require the employee to compete for a position; and

(4) The employee may be terminated if unable to locate another position in the department or county.

(c) Pay while performing modified or permanently reassigned duties. The employees shall continue to earn his base salary while performing modified job duties. If the employee is temporarily placed in another department, the hiring department will continue to pay the employee's salary. However, an employee shall not temporarily fill a position and earn their same base salary for more than 90 days without the commissioners court approval. If the temporary assignment exceeds 90 days, the salary paid will be commensurate with the tasks assigned. Law enforcement officials with work related injuries will be subject to provisions outlined in section 82-553.

(d) Pay while performing modified or temporarily reassigned duties. Employees shall earn their base salary while performing modified or temporarily reassigned job duties. If the employee is temporarily placed in another department, the hiring department will continue to pay the employee's salary. The goal is to get the employee back to work as soon as the treating physician allows. Under no circumstances will a position be held open or temporarily filled for a period longer than 90 days without approval from the commissioners court. Prior to the expiration of the 90-day period, the department must notify the commissioners court if it plans to extend this temporary position. Law enforcement officials with work related injuries will be subject to provisions outlined in section 82-553.

(e) Requirements for return-to-work from a workers' compensation injury. Prior to reinstatement following a workers' compensation injury in which the employee has lost time:

(1) An employee must submit a certificate/letter from the treating physician which states the injured employee is physically able to return to work. The employee is encouraged to take a copy of their job description to their treating physician for review; and

(2) The treating physician must complete the county form P/CS form 200 highlighting any limitations to which the employee must adhere. The employee and supervisor must strictly adhere to these limitations. Failure to do so may result in disciplinary action being taken, up to and including termination.

(f) Other requirements. Supervisors should be aware that the Workers' Compensation Act coordinates with a number of federal and state statutes, including the Americans with Disabilities Act and the Family and Medical Leave Act. If the supervisor has questions regarding this policy, he should immediately contact the human resources/civil service department.

(g) Requirements for return to work from a nonwork related injury/illness. Employees who become ill or are injured away from the workplace are subject to the guidelines outlined in the county's Family and Medical Leave Act along with subsections (e)—(g) of this section.

Note: Sections 82-559—82-562 may be referred to for all reporting procedures.

(Ord. No. 2000-889, §§ 4.26—4.32, 5-2-2000)