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Temporary Modified Duty Assignment

Introduction

Date of Last Review 4/14/2011
SME:
Director of Personnel Systems Management


The University of Texas at Houston Harris County Psychiatric Center (UTHCPC) strives to accommodate employees who have been temporarily restricted from performing their regularly assigned duties.

This procedure only covers employees who have sustained an accidental injury or occupational illness while performing duties within the course and scope of their employment or appointment.

Overview

Employees who sustain an injury or illness while performing assigned job duties should immediately report the injury or illness to their immediate supervisor in compliance with policy Workers' Compensation Insurance 2.17D.

The policies below are to be followed after an injury/illness incurred resolves sufficiently for the employee to return to work on a modified basis:

Assist employees to the extent possible by temporarily modifying work assignment or duties

Arrange for a temporary modified duty assignment, not to exceed six calendar months

Medical re-evaluation by the employee's health care provider must be performed at a minimum of every 2 weeks at the expense of the Worker's Compensation Insurance Carrier, as provided by that program

Employee must participate fully in her/his recovery by keeping all physician and physical therapy appointments

Failure of the employee to keep physician and physical therapy appointments impede the continuation of temporary modified duty assignments

The employee must notify her/his supervisor and the Employee Health Case Manager of all doctor appointments

Physical Therapy appointments should be scheduled after working hours if at all possible

At each visit with the employee's health care provider, restrictions must be reviewed for modification, renewal or elimination and an updated TWCC 73 must be sent to the Workers Compensation Insurance Carrier and UTHCPC's Employee Health Case Manager

Evaluation by a health care provider

The employee visits a health care provider for care relating to the injury/illness as follows:

Step

Action

1

The attending health care provider determines any temporary work restrictions to be applied to the employee's work duties.

2

The attending health care provider documents any findings in writing on form TWCC 73 and sends the form to:

Employee Health Case Manager
UT-Harris County Psychiatric Center
2800 South MacGregor Way, Room 1D01
Houston, Texas 77021

3

Upon receipt of the documentation from the healthcare provider the UTHCPC Employee Health Case Manager:

Reviews the TWCC 73

Contacts the employee's health care provider clarifying any restrictions

Provides information to the physician regarding UTHCPC return-to-work procedures

Employee health case manager

The UTHCPC Employee Health Case Manager coordinates the temporary modified duty assignment as follows:

Step

Action

1

Contacts the employee's supervisor to schedule a meeting to discuss:

Employee's restrictions

Practicality and feasibility of modifying the employee's current job function

Identifying an assignment within other hospital departments

2

Use this table to determine the results of the supervisor's response

If the supervisor...

Then the Employee Health Case Manager...

Agrees to place the employee in a temporary modified duty assignment within her/his department

Informs Personnel Systems Management (PSM) of the agreement

Requests that PSM:

Perform a salary work-up

Prepare a Letter for Bona Fide Job Offer

Determines there is not placement for the employee in her/his department

Requests that PSM locate a temporary modified duty assignment in a different department within the hospital

If a department is located, the Health Care Case Manager contacts the department manager to:

Discuss the employee's restrictions

Ensure that the department can accommodate the work limitations

3

Use this table to determine funding for the temporary modified duty assignment

If...

Then...

The employee is assigned to the same department

The employee's supervisor and Personnel Systems Management determine funding availability

The employee is assigned to a different department

Personnel Systems Management and the department manager determine funding availability

4

The Employee Health Case Manager sends a copy of the bona fide offer letter to the Workers Compensation Insurance Carrier to be reviewed prior to the job offer.

5

The bona fide offer letter is given to the employee during the meeting with her/his supervisor and the Employee Health Case Manager. See section on "Bona Fide Offer Letter" below.

Bona fide offer letter

The following is the process for making the employee a bona fide offer of temporary modified employment:

Step

Action

1

The employee, Employee Health Case Manager, and the employee's supervisor meet to:

Discuss the physical and time requirements

Ensure the temporary position is in keeping with the employee's restrictions which are valid for the stated period not to exceed 6 calendar months

Review the offer letter which the employee and supervisor sign in agreement

2

The employee's supervisor:

Sends a copy of the letter to PSM and the Employee Health Case Manager

Initiates a personnel action form as appropriate

3

If an employee accepts the offer, then loses time without a doctor's note, the employee's lost time is considered unauthorized.

4

If the employee does not present in person, the letter is sent by certified mail to the employee with the stipulation that they must reply within 5 days from the date of the letter.

5

If no reply is received from the employee in 5 days, the department considers this a refusal of the temporary modified duty assignment offer.

6

If the employee refuses the offer:

It may be grounds for termination

Workers Compensation Commission Insurance Carrier may reduce or suspend temporary income benefits

Return to full-duty policies

The employee must send a work release from her/his physician to the Employee Health Case Manager 1 day prior to returning to work. Other policies are as follows:

Step

Action

1

The employee will return to a position comparable in pay and benefits

2

If the employee refuses to return to regular duties in response to a written, bona fide offer of employment sent via certified mail, the employee is terminated from UTHCPC employment.
Reference:
Texas Revised Civil Statues Annotated, Article 8308

Extended/
Permanent disability

The table below shows what happens when an employee is unable to return to full work duties after being on a modified duty assignment:

Step

Action

1

Extended or permanent disability may be necessary if:

The employee is not released by her/his attending health care provider to return to regular duties after six calendar months or

The employee or employee's supervisor no longer believes it is practical or feasible to continue the temporary modified duty assignment

2

UTHCPC makes reasonable accommodations to:

Continue the individual's employment at UTHCPC or

Place the employee, if eligible, on long-term disability per UT procedure on Disability 2.18C

3

Decisions regarding extended or permanent disability are made on a case-by-case basis in accordance with applicable state and federal laws and regulations.

Related Standards

The Joint Commission Human Resources Standards

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Harris County Psychiatric Center University of Texas Health Science Center