CHAPTER 6.00 - PERSONNEL

6.2411 Workers Compensation-Return to Work

POLICY:



I. Definitions

A. Transitional Duty – When an employee’s physical requirements are modified by

the workers’ compensation Authorized Treating Physician resulting from a

workplace injury. Transitional duty is temporary.

B. Lost Time – When an employee is taken off of work by the Workers’

Compensation Authorized Treating Physician or when an assessment by the

injured employee’s supervisor and/or designee, Risk Manager, and/or Director

of Personnel conclude that the employee’s work restrictions cannot currently

be accommodated.

II. Reporting and Treatment of In-Line-of-Duty Injuries

A. When an employee is injured at work, he/she shall notify his/her supervisor

within 24 hours.

B. If the injured employee refuses treatment, the supervisor will document the

injury on the “Accident/Incident Form.” This documentation protects the

employee in the event that he/she desires to receive treatment at a later date.

C. If the injured employee wants medical treatment, the employee’s supervisor

will ensure treatment is provided, documented, and reported in accordance

with the “North East Florida Educational Consortium Claims Manual”

III. Follow-Up

A. The injured employee shall attend all scheduled medical appointments. If an

injured employee cannot attend an appointment, he/she shall notify his/her

supervisor and the medical provider at least 24 hours before the appointment.

B. The injured employee should schedule appointments before or after his/her

normal working hours. If this is not possible, the employee can attend the

medical appointment during work hours utilizing “illness-in-the-line-of-duty”

leave in accordance with the District’s policy. Only the actual time for the travel

and the appointment will be allowed. The employee must return to work, if the

work day has not ended, otherwise the employee may be subject to

progressive discipline that may include termination.

C. Following any appointment for treatment of a workplace injury, the employee

will immediately contact his/her supervisor and provide current work status

documentation (DWC-25). The supervisor/designee will send the work status

and any medical documentation to the Risk Management Office.

IV. Transitional Duty

A. Injured employees are often returned to work on modified duty with specific

restrictions. If an employee is returned to work, the supervisor will not assign

duties that are beyond the employee’s restrictions. If an injured employee

willfully violates his/her work restrictions, he/she may be subject to progressive

discipline that may include termination.

B. Transitional duty only relates to the employees whose illness or injury was job

related.

C. Supervisors shall evaluation the restrictions placed on the employee and

determine the ability of the employee to perform any needed work. If the

supervisor feels that the employee’s restrictions cannot be reasonably

accommodated, they will immediately notify the Risk Management Office. The

Risk Management will assess the employee’s work capabilities.

1. The injured employee’s supervisor, the Risk Manager, and/or Director of

Personnel and/or designee will conduct the assessment.

2. If the assessment concludes that the employee’s restrictions cannot be

reasonably accommodate, they will place the employee on “lost time”

status pending further assessment of restrictions or another position

becomes available within his/her restrictions.

D. The transitional duty program requires the participation of all injured

employees who are released to perform modified duty work by the Workers’

Compensation Authorized Treating Physician. If an injured employee refuses

to participate in the program, workers’ compensation benefits may cease and

the employee may be subject to progressive discipline that may include

termination.

E.

F. While on transitional duty, the injured employee will receive his/her normal

hourly rate of pay and benefits. Scheduled hours of work and/or work

location may be adjusted.

G. Transitional duty is temporary and is not considered a permanent

accommodation to a workplace injury.

H. A transitional duty assignment may not extend beyond 120 days. When an

employee has been in a transitional duty assignment for 120 days, an

assessment will be made regarding the employee’s progress.

I. When an employee has reached Maximum Medical Improvement (MMI) as

determined by the Workers’ Compensation Authorized Treating Physician; or,

when the Authorized Treating Physician determines the employee’s

restrictions are permanent and the employee can no longer perform the

essential job functions of his/her position, an assessment will be made

regarding the employee’s ability to return to his/her regular job duties.

J. The injured employee’s supervisor, the Risk Manager, and/or the Director

of Personnel and/or designee will conduct an assessment.

1. If after assessment it is determined that the employee cannot perform

his/her regular job duties with or without reasonable accommodation,

posted jobs will be reviewed to determine the employee’s ability to work in

other positions. If the employee is qualified and meets the minimum

physical requirements for a posted job, he/she will be considered for that

job. If selected for the job, salary will be determined according to the

transfer guidelines.

2. If an employee refuses to accept an offered job, the employee will be

terminated.

3. If a position is not available for the employee, the employee will be

terminated.

V. Lost Time

A. The injured employee shall or must contact his/her supervisor a minimum of

once per week (not including weekends and holidays), to update the

supervisor on his/her condition.

B. The injured employee in lost time status may be required to return all district

owned equipment and vehicles to his/her supervisor.

C. Once the employee has been released to return to work, he/she will notify

his/her supervisor immediately. Failing to do so may subject the employee

to progressive discipline that may include termination.

D. Injured employee will not accumulate sick or vacation while on workers’

compensation.

E. FMLA will run concurrent.

STATUTORY AUTHORITY: 1001.41; 1012.22; 1012.23, F.S.

LAWS IMPLEMENTED 1001.43; 1012.22; 1012.66; 1012.69, F.S.

History: Adopted: October 10, 2017

Revision Date(s):

Formerly: