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Subject:  Return to Work Policy

Organization:  Anonymous

Example of:  Standard Policy (Family and Medical Leave Act)

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Eligibility.  Any employee on a medical or family leave of absence is eligible for restricted duty for work.

Reporting status.  Employees on a medical or family leave are expected to advise their supervisors on a monthly basis of their status.  As soon as an employee is released for any type of work, whether “light duty,” “limited duty,” or other types of restrictions, the employee is to report that information to that supervisor.  A written statement of the restrictions is to be provided by the employee from his or her physician to his or her supervisor.

Type of positions.  Generally, employees will be assigned to restricted duties for which they are qualified and which best suit the restriction.  Normally, jobs will not be created for an employee even though he or she is available for restricted duty work.  Restricted duty jobs may be altered in order to comply with any applicable law.

Physical examinations.  Before returning to a restricted duty job, the company has the right to require the employee to undergo a physical examination by a physician selected by the company.  The company will pay for this examination.  Similarly, employees on a medical leave may be required to undergo a physical examination by a physician selected by the company at the company’s expense in order to establish that the employee is not available for restricted duty work.

Compliance with company policies.  While on a leave or restricted duty, an employee is expected to comply with all company policies.

Other work.  Employees who are capable of performing some work are to advise the company so that the company can determine if there are restricted duty jobs available.  Generally, employees are not permitted to work elsewhere while on leave of absence unless approved by the company beforehand.  For example, an employee may be approved for work as part of a rehabilitation program or for work elsewhere when the company does not have restricted duty work available suitable for that employee.

No guarantee.  The company does not guarantee the availability of any restricted duty work to those employees who are available for it.  Employees who are assigned to a restricted duty job have no guarantee that that job will exist for the duration of their medical or family leave.

Maximum duration.  The maximum duration of a restricted duty job is the exhaustion of benefits for time off under the FMLA.

Benefits.  No benefits accrue during restricted duty jobs.  Normally, pay raise reviews and performance reviews will be postponed until the employee returns to his or her regular duties.  If an employee’s restricted duty job is the same as his normal position but simply with a reduction in hours, then the review will occur, but on a schedule based on the hours worked by the employee.  For example, if an employee is normally reviewed every six months when working a full-time schedule and is now working four days out of five, the review should follow 32 weeks of work rather than 26 weeks.  In essence, there would be 130 days of work performed prior to a six-month review, and the employee on a reduced work schedule would be required to complete 130 days of work prior to the “six-month review.”

Coordination with other policies.  This policy should be coordinated with all other company policies.

Applicable law.  This policy shall be administered in accordance with applicable law.

Medical information.  All medical information will be held in confidence in accordance with the ADA.

Coordination of benefits.  To the extent that any employee is receiving compensation from the company, other sources of benefits, such as short-term or long-term disability, shall be reduced in accordance with the terms of those plans.

Rehabilitation.  Employees may be required to participate in a rehabilitation program, such as work hardening, to be eligible for the return to work program.

Furnishing medical information.  Employees are expected to provide all in-formation (including all medical information) needed to assess whether there is available work for an employee on restricted duty.

No employment contract.  Just as with all other policies, this policy for return to work does not create any contract of employment between any employee and the company.  Any employee has the right at any time with or without cause to terminate his or her employment, and the company retains the same right.

Layoff.  Employees on restricted duty are subject to layoffs, as are all other employees.

Pay. Employees on restricted duty are not guaranteed their pay for their normal position.  The pay rate for the restricted position will be based upon the knowledge, skills, and abilities required for the job as well as general market conditions.

Failure to return to work.  Failure to return to work when a restricted position is made available to an employee will be treated as job abandonment.

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