The purpose of this article is to control the
Borough's worker's compensation costs, aid in the rehabilitation of
the employees who are injured on the job and to assure that the Borough
is able to maintain the required level of services to its citizens.
Those eligible for modified duty are Borough
of South River full-time employees who have reported, recorded and
verified on-the-job injury and because of the conditions are temporarily
not able to perform his/her regularly duty assignment.
A.
General provisions.
(1)
Temporary modified-duty assignments are limited in
number and variety. The Borough Administrator, upon recommendation
from the employee's department head, may authorize modified-duty assignments
based upon the needs of the Borough, the physical and professional
abilities of the employee and the availability of work.
(2)
Requests for temporary modified duty must be accompanied
by a medical certification to support the requested reassignment,
which must be signed by the attending physician. The certification
must include an assessment of the nature and probable duration of
the disability, prognosis for recovery, nature of work restrictions
and an acknowledgement by the attending physician of familiarity with
the modified-duty assignment and the fact that the employee can physically
assume the duties involved.
(3)
The Borough Administrator may consult with the employee's
attending physician to determine the employee's suitability for modified
duty and to ensure that the assignments given to the employee will
not be detrimental to the employee's rehabilitation. As a condition
of continued assignment to modified duty, employees shall be required
to provide periodic assessments of their condition from an attending
physician.
(4)
An employee may be assigned to modified duty absent his/her request if so recommended by the head of his/her department. Such recommendation must be accompanied by a certification from the attending physician. The certification must include information identified in § 68-71A(2) of this policy.
(5)
An employee's regular work schedule (days and hours)
may be modified to conform to the duties and responsibilities of the
modified assignment, ensuring adequate supervision and accountability.
(6)
Any outside employment in which the employee may reasonably
be expected to perform functions, which are inconsistent with limitations
assigned by the attending physician, is prohibited.
(7)
An employee may not refuse a modified-duty assignment
supported by and consistent with the recommendations of the attending
physician. Failure to accept an assignment will result in a leave-without-pay
status and may subject the employee to disciplinary action up to and
including termination.
A.
The Borough of South River does not have any permanent
modified- or light-duty positions.
B.
Modified-duty assignments shall not be provided to
an employee who cannot obtain documentation from his/her attending
physician that there is a reasonable expectation that the employee
will be able to return to full duty.
C.
Modified-duty assignments are strictly temporary in
nature and shall not be granted to more than two employees in a single
department (determined on a first-come-first-served basis) and shall
not be granted for more than 60 days. If, after 60 days, an employee
on modified duty is still not able to return to his/her regular duty
assignment, the modified-duty assignment for that employee shall be
terminated.
D.
Any employee who has a reported, recorded and verified
on-the-job injury, and because of the condition is permanently (this
includes permanent intermittency of ability) unable to perform all
of his/her regular duty assignments, is required to notify his/her
department head immediately. Such employees shall be required to be
examined by a physician selected by the Borough. If the permanent
condition is confirmed, the employee shall be evaluated for possible
pension-retirement procedures and/or termination of employment.
E.
Department heads are required to notify the Borough
Administrator of any employee who has a reported, recorded and verified
an on-the-job injury, and because of the condition has been unable
to perform his/her regular duty assignments (this includes 12 months
of intermittency of ability) for a twelve-month period. Such employees
shall be required to be examined by a physician selected by the Borough.
If the permanent condition is confirmed, the employee shall be evaluated
for possible pension-retirement procedures and/or termination of employment.
This policy becomes effective immediately upon
adoption and applies to all Borough employees, including those who
are currently on modified-duty status.
