Administrative Policies
University Policy Number 2203
Subject: Transitional
Modified Duty
Responsible Parties: Assistant Vice President and Chief Human Resources
Officer; Human Resources & Payroll; Heads of Departments, Offices
and Activities
Procedures: http://hr.gmu.edu/telework_flextime
Related University Policies: University Policies - http://hr.gmu.edu/policy/
Department of Human Resource Management - http://www.dhrm.state.va.us/hrpolicy/policy.html
Federal - http://www.dol.gov/esa/
I. SCOPE
The policies and procedures provided herein apply to all full and part time faculty (to include adjunct faculty, full and part time classified staff and non-student wage employees employed by George Mason University, at all University locations.
II. POLICY STATEMENT
George Mason University believes it is in the best interest of the University and its employees to facilitate the expedient return of faculty and staff to full duty after they have been absent due to injury, illness, or other medical condition. This policy applies to both personal and work related medical absences. George Mason University provides for the use of Transitional Modified Duty Assignments (TMDA) and will, to the extent possible, assist employees by temporarily modifying work assignments, duties or arranging for a temporary transfer until the employee is medically released to resume regular duties.
III. DEFINITONS
Americans with Disabilities Act (ADA): Requires employers to consider reasonable job accommodations in recruiting, hiring, evaluating, and promoting disabled employees.
Disability Documentation: Written statement from the employee's primary treating physician listing specific temporary medically requested restrictions or job modifications allowing the employee to return to work after a serious illness and/or injury.
Job Summary Analysis: The essential physical, mental
and environmental requirements of a specific position description. The
Employee Work Profile, Section 7; Parts I - IV,
lists the physical, cognitive and environmental requirements of each position.
Physician's Medical Status Report: Notice of specific medical and physical restrictions recommended by primary treating healthcare provider.
Transitional Modified Duties: Temporary modifications or restrictions of an employees job responsibilities, requested by the attending physician, to aid in recovery from a serious illness and/or injury while allowing the employee to return to the work site.
IV. RESPONSIBILITIES
A. The Assistant Vice President and Chief Human Resources Officer is responsible for the administration and implementation of the Transitional Modified Duty Policy
B. The Occupational Health Office, Human Resources, will oversee the
management of the Transitional Modified Duty Policy and insure compliance
with all University Policies, Department of Human Resource Management,
as well as state and federal laws. Human Resources will provide training
and guidance on the application of the Transitional Modified Duty policy
and procedures as well as maintaining all forms and documentation on the
HR home page (http://hr.gmu.edu)
1. The Occupational Health Office may request a Job Summary Analysis (JSA),
if TMDA's are requested, from the supervisor.
2. The faculty or staff member's position description detailing the job
responsibilities, physical, mental, and environmental work conditions,
and a Physician's Medical Status Report will be sent to the employee for
the health care provider's use and completion. The employee and the physician
should review the job responsibilities and work conditions in order to
develop a return to work plan.
3. The Occupational Health Office will review the TMDA every 4 weeks,
or as necessary, to evaluate the employee's progress toward a return to
regular duties. Updated medical information may be requested from the
medical provider during this review. TMDA's may be altered, upgraded,
or changed in a manner consistent with medical restrictions and in accordance
with an individual's improved condition.
a. When a department cannot accommodate the employee’s TMDA, Human
Resources will consult with other departments, university wide, to determine
if appropriate accommodations can be provided elsewhere.
C. Heads of Departments, Offices and Activities are responsible for assuring compliance within the scope of this policy to include:
1. Reviewing specific departmental and employee job responsibilities
to assist in the early return to work for an employee requesting TMDA's.
When considering TMDA departments will be requested to look at all areas
within their scope of responsibility, not just the returning employee's
position.
2. Prior to returning to the work environment, the employee must provide
a written release for duty from the treating health professional to the
Occupational Health Office. The document should certify either a return
to Full Duty Full Time (FDFT) or specific Temporary Modified Duty Assignments.
3. Insuring compliance of the TMDA's while the employee is at the work
site.
V. COMPLIANCE
1. Transitional Modified Duty Assignments (TMDA) are available only to those employees who are expected to return to full duty in their previously held position and may not exceed 90 days.
2. TMDA's must meet the department's/University staffing needs as well as accommodating the employee's medical restrictions while taking into consideration the welfare and safety of the employee and their co-workers, customers and/or clients
3. A TMDA may not exceed the level of responsibility of the previously held position/function.
4. TMDA's may be altered, upgraded, or changed in a manner consistent with medical restrictions and in accordance with an individual's improved condition.
5. Funding of the employee's position will be the responsibility of the home department regardless of the location of the TMDA.
6. If it is medically determined that the employee has permanent restrictions
that result in the inability to perform one or more essential job responsibilities,
the employee may seek accommodations through the University's ADA Program.
It will be the responsibility of the University to determine whether or
not the requested permanent accommodations are considered reasonable.
VI. EFFECTIVE DATE AND APPROVAL
The policies herein are effective July 1, 2002. This Administrative Policy shall be reviewed and revised, if necessary, annually and become effective at the beginning of the University's fiscal year, unless otherwise noted.
Approved:
_______________________
Maurice W. Scherrens
Senior Vice President
________________________
Peter N. Stearns
Provost
Date approved: July 31, 2002