Human Resources

Policy 40220:  Return to Work Program

 

1.         Purpose

 

This policy establishes a return to work program for employees who have sustained job-related injuries and illnesses. The provisions of this policy comply with the Governor’s Executive Order 52 (99).

 

2.         Policy

 

The health and well being of all employees is of great importance to Germanna Community College. It is well documented that injuries affect the whole person, that effective rehabilitation and treatment must address the whole person, and that the opportunity to return to work within the restrictions of the particular injury is a critical part of an overall treatment plan which benefits both the employee and the employer.  Germanna Community College will make every reasonable effort to return to the workplace employees who have sustained job-related injuries or illnesses, and as a result, are prevented from returning to their full former employment.

 

Employees will be returned to work on a transitional or full-time basis as soon as it is determined to be medically feasible.  Germanna Community College will make every reasonable effort to place returning employees in existing positions that are the same as or equivalent to those held prior to the illness or injury. Germanna Community College, however, is under no affirmative obligation to create a position solely for this purpose.  The College will also make every reasonable effort to investigate the cause of the work-related injury or illness to determine what actions can be taken to prevent a reoccurrence of the injury or illness.  First priority for such placement will be within the employee's department. Second priority will be for placement within the employing Director or Dean area. Third priority will be for placement in another employing unit within the College.

 

3.         Procedures

 

The Human Resources Office has the responsibility for the administration of claims for medical and disability benefits for employees who sustain job-related illnesses or injuries. The coordination of the return-to-work program, including transitional duty assignments, is the responsibility of the Human Resources Officer, who will serve as the Return to Work (RTW) Coordinator. The RTW Coordinator will work with the individual, supervisory personnel, medical personnel, as well as appropriate agency personnel.

 

a.       Reporting an Injury.   Employees injured on the job or incurring job-related illnesses must report the injury or illness to their supervisor immediately or within 24 hours of the occurrence. The injured employee must also complete a Notice of Injury/Release Form as soon as possible.  The injured employee’s supervisor must complete the Supervisor’s Investigation Report and forward to the Human Resources Office within 24 hours of notification of the injury or illness. The employee’s supervisor will provide to the employee the names of at least three physicians, as determined by the Human Resources Office, from whom he/she can choose to receive medical care.  The Human Resources Office will submit a completed Employer's  Accident Report, to Managed Care Innovations (third party administrator) no later than 10 days following the occurrence.

 

  1. Medical Treatment.  The Physical Evaluation Form is required for all medical visits except for x-ray, MRI (Magnetic Resonance Imaging), and Physical Therapy. The employee can obtain this form from his/her supervisor and should do so prior to a medical appointment. The employee will give the form to the physician for completion. This form must be returned to the employee’s supervisor within 24 hours of the medical visit. Faxed copies will be accepted.  The supervisor will then forward a copy of the form to the RTW Coordinator.

 

  1. Return to Work.  Upon receipt of the Physical Evaluation Form, the RTW Coordinator and the employee's supervisor and/or other supervisory personnel will review the form to determine whether it indicates any restrictions.

 

  1. Transitional Duty.  If the injured employee’s regular job duties have to be adjusted to accommodate the restrictions imposed by the injury or illness, then transitional duties can be considered. The employee will be advised by the supervisor of the transitional duty chosen and will be assigned such duty for a period normally not to exceed 90 days per case. The employee must sign a letter indicating acceptance or refusal of the transitional duty assignment. Any refusal of a transitional duty assignment will be communicated to the Workers’ Compensation Carrier. Refusal of a transitional duty assignment may result in termination of Workers’ Compensation benefits.

 

If the RTW Coordinator and the employee's supervisor determines that modifications in hours or duties are necessary, it will then be determined whether the employee's job can be altered or whether a temporary reassignment can be made to return the employee to work. Consideration will be given to:

 

1.       The severity of the employee's condition and the extent to which his or her ability to work is impaired;

 

2.      Whether the employee's condition is temporary or permanent, and if temporary, for what duration it is expected to continue;

 

3.      The extent to which regular job duties or hours may be temporarily altered to permit the employee to return;

 

4.      The impact of any alteration in hours or duties on the productivity, workload, or work environment of other employees;

 

5.      The availability of alternative work assignments.

 

Any temporary change in schedule or duties will normally last for a period not to exceed 90 days. The supervisor, director or dean, and the RTW Coordinator must complete the Transitional Employment Plan (see attached), which serves as documentation of the duties the employee will perform.  The RTW Coordinator will review the Transitional Employment Plan with the injured/ill employee and the employee’s supervisor, obtain their signatures, and submit it to the attending physician for approval.

 

The RTW Coordinator will coordinate these efforts with the third party administrator of the Virginia Sickness and Disability Program (VSDP) personnel (if appropriate), and also notify the appropriate Worker’s Compensation Program (WCP) personnel of all temporary modifications in hours or duties initiated under the provisions of this policy.

 

Transitional duty may be altered, upgraded or changed in a manner consistent with medical restriction and in accordance with an individual’s improved condition.  To that end, the Transitional Employment Plan may be amended in accordance with the employee’s demonstrated improvement or regression.  Any amendments must be resubmitted to the attending physician for approval, and a copy forwarded to appropriate WCP and VSDP personnel, if applicable.

 

If accommodations cannot be made within the employee's department, the director or dean will determine if there are other areas within their scope of responsibility that can accommodate a temporary or permanent placement of the employee.

 

In the event that the director or dean cannot accommodate the employee, the RTW Coordinator must be notified in writing to include reasons for the determination. A review of the determination and of potential temporary assignments, both within and outside the director or dean’s area will be made by the College President. The RTW Coordinator will work with the employee in an attempt to place the employee in another position at the College.

 

In the event an employee refuses an accommodation or reassignment to duties that are within the employee's restrictions, the College is not obligated to provide alternatives.  If no other suitable employment can be found, the Human Resources Officer will apply the appropriate state personnel policies and procedures.  The employee may also be subject to a limitation or termination of any benefits for lost time being received under the Worker's Compensation Program Policy 40210. 

 

If, at the end of the healing period, employees' restrictions prevent them from returning to the occupational area of their former employment, they will be assisted in finding other employment in the college, within their restrictions and availability of appropriate employment opportunities. The provisions of the Americans with Disabilities Act must be applied if there is a disabling condition.  If no other suitable employment can be found, the Human Resources Officer will apply the appropriate state personnel policies and procedures.

 

e.  Fiscal Responsibility.  The salary and benefits of the injured employee will be the responsibility of the original employing unit until appropriate transfers have been made.  Germanna Community College pays an annual premium for Worker's Compensation costs. Any successful efforts to return Workers Compensation recipients to gainful employment will have a positive fiscal impact.

 

4.         Definitions

 

Transitional Duty - allows an employee to return to work with restrictions to facilitate rehabilitation.

 

Medical Treatment - treatment received by a medical professional for a particular illness/injury.

 

Restrictions - physical limitations due to illness/injury.

 

5.         References

 

Executive Order 52(99) on Workplace Safety and Health.

 

Germanna Community College Human Resource Policy 44210:  Workers Compensation Program

 

Physical Evaluation Form

 

Transitional Employment Plan

 

Virginia Department of Human Resource Management Policy 4.57:  Virginia Sickness and Disability Program Leave (1/1/99; under revision).

 

Virginia Department of Human Resource Management Policy 4.60:  Worker’s Compensation (9/16/93; under revision).                   

 

6.         Approval and Revisions

 

a.                  Approved by the President’s Council:  September 12, 2001

 

b.                  Effective:  September 12, 2001.

 

 

 

 

 

_____________________________________________      ________________________

Dr. Francis S. Turnage, President                                              Date