As a supervisor, you play an important role in an
employee’s recovery and return to work. When an employee has
the opportunity to return to work with temporary restrictions, you
can often help speed recovery by providing the needed accommodations.
A quicker return to normal duties is frequently the result; both
the department and employee benefit from accommodation and transitional
work. In addition, federal law, staff personnel policy, and collective
bargaining agreements all require that efforts be made to provide
reasonable accommodation. See California
Fair Employment & Housing Act/Americans with Disabilities Act
(ADA) and the Human Resource website at http://hrweb.berkeley.edu/policy/policy23.htm
for more information regarding personnel policies.
Contact with the
Injured Employee (return to top)
The Workers’ Compensation Program encourages contact between
the supervisor and employee during absences resulting from an injury
or illness. The type, frequency, and content of the contact will
vary depending on many factors, including the type of claim and
the prior relationship between supervisor and employee. For guidance
concerning contact with injured employees, contact your Employee
Relations Specialist or a campus Vocational Rehabilitation Counselor.
An employee may have concerns about his/her future;
these concerns can interfere with recovery. Try to answer your employee’s
questions or get the answer for him/her. Keep your employee informed
about what’s happening in the department. It’s important
to communicate to your employee that you want him/her back at work
as soon as is medically possible.
Reasonable Accommodation/Employee
Transition Back to Work (return to top)
You should know when to expect the employee’s return to work
by staying in contact. Depending on how long an employee has been
off work and how severe the injury was, the employee should bring
you a Medical Evaluation for Work or Release to Work
form, signed by the treating physician, indicating the employee’s
release to return to the job. This form should tell you whether
additional medical treatment is necessary and/or if your employee
is physically able to perform the usual job duties. There may be
some restrictions. See the Forms section
of this Handbook for a copy of the Medical Evaluation for Work
or Release to Work form.
Often an employee may be recovered enough to come
to work and perform transitional duties before he/she is able to
perform the job fully. As a supervisor, you have a responsibility
to assist your employee in making this transition back to work,
even if it means that you have to adjust some work assignments temporarily
because of restrictions. The treating physician should give these
restrictions in writing to the employee, who must provide them to
the supervisor before returning to work.
Work restrictions should be specific, such as no lifting
over 25 lbs. or no standing more than ten minutes at a time. Review
the work restrictions with the employee to avoid any misunderstandings
and to decide how the restrictions can best be accommodated. Usually,
simple ways of modifying a job can be identified by the supervisor,
the returning worker, or a campus Vocational Rehabilitation Counselor.
An option might be a simple modification of the work-site. A different
chair height or rearrangement of a work surface may enable someone
to return to the job. Sometimes portions of the job can be omitted
or assigned to another worker temporarily, with transitional duties
given to the injured worker. At other times, it may be appropriate
to assign an injured worker to a different position. An employee
and supervisor cannot, however, change the restrictions outlined
by the physician. Job assignments must stay within the employee’s
abilities as stated in the restrictions.
If you need clarification, a campus Vocational Rehabilitation
Counselor can contact the physician who developed the restrictions
for the employee.
If an accommodation is made, please inform your department’s
Vocational Rehabilitation Counselor so that accurate documentation
can be maintained.
If the temporary restriction becomes permanent, additional
vocational rehabilitation services are available to the employee.
See Chapter 6: Vocational Rehabilitation Services
of this Handbook for more information.
UC Berkeley’s Transitional Return
to Work Program (return to top)
In January 1991, the Berkeley campus began a campus-wide Transitional
Work Program to be consistent with federal disability laws and state
Workers’ Compensation law.
Eligibility
Any employee who has incurred a work-related injury/illness and
has temporary work restrictions is eligible for a transitional work
assignment. A transitional work assignment is defined as a temporary
modification of the individual’s customary job within the medical
restrictions OR an alternate job which the employee is 1) qualified
for, and 2) medically able to do.
Procedures
Most Common Scenario: Transitional Restrictions
The following steps apply when restrictions result in accommodations
with the customary job:
a) The employee submits a physician’s statement
to his or her department outlining physical restrictions and expected
duration.
b) The department contacts the Vocational Rehabilitation
Counselor (VRC) to discuss possible transitional assignments or
notifies the VRC that transitional work has been identified.
c) The employee accepts the assignment and begins
working. The Transitional Work Agreement form should be
used to document offered assignments. This form can be found in
the Transitional Work Program -- Supervisor's Tool Kit. (Format:word
doc, pdf.)
d) After 60 days, if still on transitional work,
the employee provides medical information extending the temporary
restrictions or releasing him/her to full duty. If the employee
is released to full duty, he/she will return to his/her usual
and customary job. If not, an assessment will be made by the department
and VRC regarding the continued availability of a transitional
assignment. If possible, the assignment will be extended 60 days
or longer, negotiated on an individual basis.
Least Common Scenario: Severe Restrictions
The following steps apply when restrictions are so severe that the
customary job cannot be transitional:
a) The department submits to VRC, in writing, a job
description and a form describing the Physical, Environmental
and Mental (PEM) demands of a proposed transitional assignment.
To obtain a current form (6/98), see the Human Resources website
at http://hrweb.berkeley.edu/FORMS/formlist.htm.
If you cannot access the form, contact a Vocational Rehabilitation
Counselor.
b) The VRC sends the job description to the treating
physician for approval of the assignment.
c) If approved by the doctor, the VRC notifies the
supervisor, who then contacts the employee and explains the assignment
and duration.
d) The employee accepts the assignment and begins
working. The Transitional Work Agreement form should be
used to document offered assignments. This form can be found in
the Transitional Work Program -- Supervisor's Tool Kit. (Format:
word doc, pdf.)
e) After 60 days, if still on transitional work,
the employee provides medical information from the treating physician
extending the temporary restrictions or releasing the employee
to full duty. If the employee is released to full duty, he/she
returns to his/her usual and customary job. If not, an assessment
is made by the department and VRC regarding the continued availability
of a transitional assignment. If possible, the assignment is extended
60 days or longer, negotiated on an individual basis.
Responsibilities
Employee:
a) The employee is responsible for providing the department
with a report from his/her doctor indicating the physical restrictions
and the expected duration.
b) If a medically appropriate transitional assignment
has been found, the employee must accept the assignment; otherwise,
he/she jeopardizes his/her temporary disability benefits if the
assignment offered is turned down without good cause.
Department:
a) The department is responsible for providing a transitional
assignment within the department upon receipt of the employee’s
medical restrictions.
b) If no transitional work is available, the department
is responsible for documenting why an assignment is not possible.
Vocational Rehabilitation Counselor (VRC):
a) The Vocational Rehabilitation Counselor is responsible
for working with the employee’s department in arranging and
documenting a transitional assignment within the employee’s
medical restrictions and skills.
b) All questions regarding medical information provided
to the department will be handled by the VRC.
c) After 60 days, the VRC assesses the need for
a continued transitional assignment based on documentation of
medical necessity from the employee’s doctor.
d) The VRC completes an analysis of the employee’s
job to be reviewed by the treating physician if it is determined
to be necessary.
Back to Workers'
Compensation Handbook for Supervisors: Table of Contents >
Back to Disability Management Services
Home Page >
Contact Info
Join Our Team
