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RETURN TO WORK/DISABILITY MANAGEMENT PROGRAM

INTRODUCTION

Whether an employee has been ill, or injured on or off the job, the process of returning the employee to work may require review of applicable policies and statutory guidelines. This overview is to provide general guidance in relation to these return-to-work issues and related protocols.

REGULATORY PROVISIONS AND POLICY BACKGROUND

The University of California, Office of the President (UCOP) is covered by the following:

• CALIFORNIA LABOR CODE, SECTION 132.a: prohibits an employer from discriminating against an employee injured on-the-job because the employee has either filed a workers' compensation claim or revealed his/her intent to file a
claim. The law also protects employees who have testified in a Workers' Compensation Appeals Board hearing.
• AMERICAN DISABILITES ACT (ADA) and CALIFORNIA FAIR EMPLOYMENT HOUSING ACTION (FEHA): state employers may not discriminate against qualified persons with disabilities. A qualified individual with a disability means one with a physical or mental impairment who, with or without reasonable accommodation, can perform the essential functions of their jobs.
• CALIFORNIA FAMILY RIGHTS ACT (CFRA)
• FAMILY AND MEDICAL LEAVE ACT (FMLA)
• UNIVERSITY PERSONNEL POLICIES FOR STAFF MEMBERS (PPSM) http://www.ucop.edu/humres/policies/ucop/index.html
• UNIVERSITY BENEFITS PROVISIONS/OPTIONS
  http://atyourservice.ucop.edu/index.html
• SYSTEMWIDE COLLECTIVE BARGAINING AGREEMENTS http://atyourservice.ucop.edu/employees/policies/systemwide_contracts/index.html

     EMPLOYEES WITH SHORT-TERM “TEMPORARY” DISABILITIES

I     OBJECTIVES

1. To identify and provide temporary modified work for employees who have been absent due to illness or injury and are now medically released to return to work;
2. To mitigate any potential loss of employee job skills, knowledge and abilities (SKA’s);
3. To comply with policy and applicable State and Federal laws; and
4. To contain labor costs and mitigate potential medical expense and litigation losses to the University.

II    CONDITIONS ON RETURNING TO WORK

Studies have shown that the sooner injured employees can be brought back to work, the faster they will recover and be able to return to their regular assignments. This requires close collaboration between department managers and supervisors.

1. Without restrictions: employees should be returned to their regularly assigned duties and responsibilities.
2. With restrictions: Temporary restrictions/modified duty/reduced work schedules, generally between thirty (30) to ninety (90) calendar days.
1. Departments must make best efforts to provide temporary modified duty to employees with workers’ compensation and non-work related illnesses and injuries.
2. Supervisors must first try and modify the employee’s regularly assigned duties and responsibilities to enable the employee to continue performing all or most of his/her job. If the job cannot be modified sufficiently to meet the employee’s medical restrictions, the employee may be assigned to a different job within his/her department. If no work can be found within the department, the supervisor must contact Vocational Rehabilitation Services for assistance and possible placement in a job outside of the home department.

Notice: Please refer to current University policies, procedures, statutory guidelines, and applicable collective bargaining agreements which shall supersede any and all information contained in this document or elsewhere on this site.