5-404: Early Return to Work

Purpose

To return eligible employees to the County work force at the earliest medically allowable date and in accordance with their medical treatment plan.

Authority

• The County has the authority to require participation in the program under Labor Code Sections 4650, 4653, & 4654. 

Scope

This policy covers all regular County employees, as defined in the Personnel Ordinance.

Policy

Employees who are temporarily unable to perform their usual and customary duties because of an occupational illness/injury and are receiving Worker’s Compensation temporary disability benefits will be utilized to fill temporary assignments and continue to be paid their regular earnings and special pay allowances of a permanent nature while working in such assignments.

Program Eligibility Criteria

In order to be considered eligible for the program, an employee must: 

• Be determined medically unable to perform the usual and customary duties of their class or position on a temporary basis. 
• Be determined medically able to perform the duties of a temporary assignment. 
• ​Be expected to remain in the aforementioned status in excess of 20 working days from the date notice of such status is received by the Worker’s Compensation Office.

Eligibility Period

Medical eligibility will be evaluated every 30 days and continue until the employee is no longer temporarily disabled and/or is able to return to his/her pre-injury position, separates from County service, begins vocational rehabilitation, or is assigned to another position.

Compatibility

All reasonable efforts will be made to assure a temporary assignment is compatible with the employee’s interests and temperaments.

Failure to Participate

Failure to participate in the Worker’s Compensation Early Return-To-Work-Program will result in the loss of temporary disability/LC4850 benefits. 

The Process

The following text describes the process for the Early Return-To-Work-Program

Stage 1 - Operating Department:

• Submits Personnel Requisition Form (Attachment A) to DPM Program Coordinator.​

Stage 2 - Worker's Compensation Office (WCO):

• Determines employee’s eligibility for ERTW.
• Notifies employee’s dept. of need to TA.

Stage 3 - ​Employee's Department (at time of injury):

• ​Attempts modification of current position,
• Attempts identification of TA.
• Notifies WCO regarding action taken. 
• Retains financial responsibility for employee.​

Stage 4 - ​Worker's Compensation Office (WCO)

• Schedules and notifies employee for evaluation appointment with DPM. ​​

Stage 5 - ​DPM Program Coordinator

• ​Meets with employees. 
• Matches employee to a temporary assignment. 
• Notifies WCO of assignment. ​​

Stage 6 - ​Worker's Compensation Office

• Instructs employee to report to TA(s).
• Stops/adjusts WC benefits. 
• Notifies concerned parties. ​​

Stage 7 - Operating Department (other than time of injury)

• ​Accepts employee as TA. 
• Cooperates with former dept. in processing time sheet. ​​

Stage 8 - Employee

• ​Reports for evaluation appointment.
• Reports for TA. 
• Completes TA. 
• Returns to regular position as soon as medically able. ​

RESPONSIBILITIES 

Operating Departments

Operating Departments have the responsibility to: 

• ​Designate an Early Return-To-Work-Program Coordinator. 
• Submit Personnel Requisition to DPM Program Coordinator when temporary assignment vacancy occurs. 
• Coordinate handling of time sheets. 
• Pay employee’s regular and special pay allowances of a permanent nature. 
• Consider impact on total work force when identifying temporary assignments. 
• Assure temporary assignments are not a position within a class. 
• Notify DPM of any changes in a temporary assignment. 
• Notify WCO of any problems with an employee’s performance in a temporary assignment.

The following table explains how Operating Departments will administer the Worker’s Compensation Early Return-To-Work-Program.

1. ​Identify an Early Return-To-Work Coordinator
2. ​​Submit Temporary Assignment Personnel Requisition(s) (attachment A) to DPM Program Coordinator
3. ​Accept eligible employee(s), from own or other Operating Department, as assigned by DPM Program Coordinator to fill temporary assignments.
4. Coordinate with each other to assure payment of wages to an employee filling a temporary assignment in a new operating department. 
5. Train employee(s) to perform the duties of the temporary assignment.
6. ​Notify DPM Program Coordinator of any changes in the essential duties of the temporary assignment.
7. ​Notify WCO Vocational Rehabilitation Counselor of any problems with the employee's performance.

Worker's Compensation Office

The Worker’s Compensation Office has the responsibility to: 

• Inform employee of the program. 
• Determine if an employee is eligible for the Early Return-To-Work-Program. 
• Schedule the employee for an evaluation appointment with DPM and provide the necessary forms. 
• Stop/adjust WC benefits when an employee is placed in a temporary assignment. 
• Notify accepted parties of any changes in the employee’s ability to participate in the program. 
• Stop WC benefits if employee fails to participate in the program. 
• Monitor and evaluate the program. 

The following table explains how Worker’s Compensation will administer the Early Return-To-Work-Program. 

1. Send program description (attachment B) with initial benefits explanation to employees.
2. Cause Work Status Report (attachment C) to be sent to and completed by a physician who will usually be the treating doctor.
3. ​Receive Work Status Report (attachment C) from physician.
4. Determine if the employee is eligible for the program. 
5. Schedule employee for evaluation appointment with DPM Program Coordinator. 
6. Notify DPM Program Coordinator of scheduled appointment
7. Send notice of evaluation appointment (attachment D), and Employee Date sheet (attachment E) to eligible employees.
8. Reschedule conflicting and/or missed appointments.
9. Stop temporary disability payments if evaluation appointment is missed for non-medical reasons or if employee fails to participate in the program.
10. Adjust WC benefits when employee is placed in a temporary assignment.
11. Notify all effected parties of any changes in an employee’s eligibility for the program.
12. Monitor and evaluate the effectiveness and cost-savings of the program.​

Personnel Management

The Department of Personnel Management has the responsibility to: 

• Designate one employee to serve as coordinator for the program. 
• Maintain a list of the temporary assignments available. 
• Maintain a list of eligible employees available to fill temporary assignments. 
• Meet the eligible employees to assess knowledge, skills, and abilities. 
• Notify WCO and employee of match and start date. 

The following table explains how DPM will administer the Worker’s Compensation Early Return-To-Work-Program.​

1. Receive Temporary Assignment Personnel Requisitions from operating departments.
2. Maintain a list of vacant temporary assignments.
3. Match eligible employees to vacant temporary assignments based on information available from employee, physician, Temporary Assignment Personnel Requisitions and Vocational Rehabilitation Counselor. 
4. Mail “Order to report for Work” (Attachment F) to temporary assignments. 
5. ​Maintain a list of eligible employees currently filling temporary assignments. 
6. Make reports and recommendations to appropriate management. ​

Eligible Employees

Eligible employees have the responsibility to: 

• Participate in the program. 
• Notify Worker’s Compensation Office and supervisor(s) of any change in their ability or need to participate in the program. 
• Work within their medically defined abilities. 

The following table explains how eligible employees will participate in the Worker’s Compensation Early Return-To-Work-Program.

1. Appear for scheduled evaluation appointment with DPM Program Coordinator.
2. ​Bring completed Employee Data Sheet to evaluation appointment with DPM Program Coordinator.
3. Report to the temporary assignment as instructed by the Worker’s Compensation Office.
4. Work within medically defined abilities.
5. Complete and submit time and work distribution sheets, and other required forms. 
6. Notify Worker’s Compensation Vocational Rehabilitation Counselor and supervisor(s) of any changes in medical status effecting ability to work.