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Policy # RM-___ , Early Return To Work of Injured Workers Page 1
Deschutes County Administrative Policy No: RM-___
Effective Date: DRAFT 9/24/09
EARLY RETURN TO WORK OF INJURED WORKERS
STATEMENT OF POLICY
It is the policy of Deschutes County to attempt to return employees who are temporarily
restricted from performing their regularly assigned duties due to an on-the-job injury, to
modified or alternate duty. Deschutes County cannot guarantee a modified position and is under
no obligation to create a position for the purposes of placement.
APPLICABILITY
The provisions of this policy apply to any Deschutes County employee who is injured in the
course of their employment and such injury temporarily restricts their performance of their
regular duties. This policy shall at all times be governed by and construed in accordance with
Oregon Worker’s Compensation laws.
This policy is not intended to prescribe the procedures applicable to employees eligible for
reasonable accommodation or covered under the Americans with Disabilities Act (ADA) or
leave benefits under the Family Medical Leave Act (FMLA) or the Oregon Family Leave Act
(OFLA).
POLICY AND PROCEDURE
Definitions
For the purpose of this policy, unless otherwise specified, the following definitions shall apply:
“Full Duty” – Regular work tasks as defined in an employee’s job description at the time of
return from injury.
“Modified Duty” – A temporary situation when an employee returns from a work related injury
or illness to medically restricted or modified duties within the employee’s current job
description.
“Alternate Duty” – A temporary situation where the modified duty assignment is offered in a
different job classification than the employee’s normal job classification. Except for unusual
circumstances, the job classification will not be in a higher pay grade than the employee’s job
classification.
“Work-related injury or illness” – An injury or illness classified as compensable by the Oregon
Worker’s Compensation Law.
In General
An employee will be eligible for modified duty based on:
• The employee’s medically determined physical limitations.
• The availability of modified duty positions, assignments, or alternate duty.
• The specific circumstances of the request.
Policy # RM-___ , Early Return To Work of Injured Workers Page 2
Permanent modified duty assignments will not be granted. Modified duty shall only be provided
on a temporary basis, not to exceed 90 days. A department head, in consultation with Risk
Management, may extend modified duty one subsequent period of up to 90 days in limited
situations. Anticipated duration and the prognosis for return to unrestricted duty will be critical
factors in deciding whether a modified assignment should be extended beyond 90 days. In the
Sheriff’s Office, modified duty may be extended for subsequent periods of up to 90 days subject
to approval by the Sheriff. If the temporary disability will extend beyond 90 days, Risk
Management shall be contacted for direction.
Department heads shall determine in their sole discretion if there are positions/assignments that
can be “modified” for purposes of this policy. In making this determination, a department head
may consider the overall management of the department, operational needs, business
efficiencies, and customer service. This process may include identifying how many such
positions can be made available and writing a description that includes job duties and physical
requirements. Risk Management is available to provide assistance.
Assigning Modified and Alternate Duty
When an employee is returning to work from an on-the-job injury, he/she must obtain a “return
to work” release from the employee’s attending physician. The department head or designee will
review the conditions outlined in the “return to work” release and determine if there are any
modified duty assignments (within the employee’s same job classification) available. If none are
available, the department will determine if there are any alternate duty positions (different job
classification) are available within the department. If none are available, the department will
contact Risk Management. An alternate duty assignment in another department may be
considered with input from the employee and a determination that the employee is qualified to
perform the job functions.
Placement to a modified or alternate duty assignment will be based on the order the cases arise.
If an injured employee must be temporarily assigned to another department, salaries and benefits
will continue to be paid by the employee’s department. An employee assigned to modified or
alternate duty shall receive the same regular wages and benefits the employee received at the
time of injury.
Written approval by the employee’s attending physician of job duties that can be performed by
the employee is required prior to work commencing. If an injured employee can perform the
essential functions of their regular job with reasonable modification, all modifications must fit
within the physician’s release. Risk Management shall have sole discretion to determine what
constitutes a reasonable modification for the purposes of this policy.
Supervision of the employee is conducted by the department in which the modified/alternate
duty exists. If it is found that the injured employee cannot perform the modified duty assignment
due to their injury or inability to perform the work there shall be no disciplinary action imposed.
In such instances the injured employee shall return to their temporarily disabled status under
Oregon workers’ compensation laws and administrative rules.
Policy # RM-___ , Early Return To Work of Injured Workers Page 3
Injured employees covered by a collective bargaining agreement shall continue to be subject to
those terms and conditions while on modified/alternate duty. An employee’s work schedule shall
be determined by the schedule of the modified/alternate position. This schedule may be different
than the employee’s schedule prior to the injury.
The injured employee will receive notice, in accordance with workers’ compensation law, stating
the details of the modified job, schedule, compensation, and supervision.
Refusal of a bona fide job offer may result in a reduction or elimination of temporary disability
compensation as provided by the Oregon Workers’ Compensation Administrative Rules.
Approved by the Deschutes County Board of Commissioners on DATE.
____________________________________
Dave Kanner
County Administrator