I. PURPOSE

It is the purpose of this policy to establish the authority for temporary limited-duty assignments and a Return to Work Program for eligible officers and civilian personnel within the Department, who are temporarily unable to perform the duties and responsibilities of their usual and customary (UNC) position because of work-related or personal injury, illness, or disability or non-medical reasons.

II. POLICY

Returning an employee to work as soon as possible after an injury or illness contributes greatly to the employeeÕs recovery. A committed effort by the Department to provide temporary limited duty assignments will assist employees in a more speedy recovery and a sooner return to work date. We are committed to assisting our employees who have become disabled due to an injury or illness, so that they may return as productive employees.

Temporary limited-duty assignments, when available, are for eligible officers and civilian personnel within the department, who, because of work related or personal injury, illness or disability, are temporarily unable to perform their regular assignments, but who are capable of performing alternative duty assignments. Use of temporary limited duty can provide employees with an opportunity to remain productive while convalescing, speed up their return to their usual and customary duties, reduce the use of employee benefits, continue their regular salary; and provide a work option for employees who may otherwise risk remaining on duty when physically unfit for their usual and customary duties.

Therefore, it is the policy of this department that eligible personnel be given a reasonable opportunity to work in temporary limited-duty assignments where operationally feasible and in keeping with our mission to enforce the laws, preserve peace, and provide a safe environment.

Request for temporary limited duty assignment can be initiated by either the employee or the Department.

III. DEFINITIONS

A. Eligibility Period – a six-month period in which the employeeÕs physician projects the return to usual and customary duties. The six-month period may be extended up to one year with the approval of the Police Chief or designee.

B. Estimated Functional Capacity (EFC) – estimated physical and/or mental capabilities and/or restrictions as defined by an appropriate physician.

C. Job Description – official job description on file with the Human Resources Section to include Identification of Physical Requirements and Environmental Factors and Conditions Form, and if necessary, other documentation/discussion with the Department supervisory staff.

D. Limited Duty Description – temporary work that the Department has determined to be productive work that is different from the employeeÕs usual and customary duties. These duties are within the physical restrictions set by the employee or employerÕs physician.

E. Limited Duty Plan – a plan that is developed with the employee, physician, and Human Resources to project a timetable to return to usual and customary duties.

F. Physician - includes a doctor of medicine, medical practitioner, dentist, chiropractor, osteopath, naturopath, psychologist, and optometrist, or podiatrist as defined by Chapter 386 of the Hawai`i Revised Statutes, (H.R.S.).

G. Regular Work – the usual and customary duties and responsibilities of the employee prior to the illness or injury.

H. Select Priority Placement – when an employee is no longer capable of performing their usual and customary duties, as a result of a work related or personal injury or physiological illness, and that the employer has no other available work which the employee is capable of performing and which becomes available after the suspension or termination and during the period thereafter, until the employee secures new employment (Chapter 386-142, H.R.S.).

I. Temporary Disability - shall include an impairment of either a physical or mental function which is determined by a physician not to be permanent in nature.

J. Temporary-limited Duty – (sometimes referred to as light duty) shall mean a temporary assignment of productive work, which conforms to temporary limitations determined by a certified physician, while the employee is physically unable to perform their usual and customary duties.

K. Usual and Customary Duties (UNC) – also referred to as permanent position or regular work. These are the duties that the employee was performing prior to the injury, illness, or disability.

IV. ELIGIBLE PERSONNEL

For purposes of this General Order, any full-time regualr employee of the police department who is certified by a physician to be temporarily unable to perform their usual and customary duties, but is capable of performing alternative assignments, shall be eligible to participate in this program. At the discretion of the Police Chief, this program may be extended to temporary employees.

Employees may also qualify for limited-duty assignments which are in accordance to the terms and conditions of General Order 529 (Drug Testing) and current collective bargaining agreements.

V. PROCEDURES

A. General provisions

1. Temporary limited-duty positions are limited in number and variety. Therefore,

a. All temporary limited duty assignments shall be made with the best interest of the departmentÕs operations in mind.

b. Personnel injured or otherwise disabled in the line of duty shall be given preference in initial assignment to limited duty.

c. Assignments may be changed at any time after consultation with employee and physician, if it is deemed to be in the best interest of the departmentÕs operations.

2. This policy in no way affects the rights of employees under provisions of the Family and Medical Leave Act, Fair Labor Standards Act, Americans with Disabilities Act, or other Federal or State law.

3. No specific position within this department shall be established for use as a limited-duty assignment, nor shall any existing position be designated or utilized exclusively for personnel on temporary limited duty.

4. Limited-duty assignments are strictly temporary and should not exceed six months in duration, except by the ChiefÕs approval for an extension. The extension shall not exceed one year on the temporary limited duty assignment. Personnel on temporary limited duty who are not capable of returning to their original duty assignment after six months shall:

a. Request an extension of temporary limited duty, with supporting documentation from their physician, to the Police Chief via proper channels no later than two weeks prior to their 6 month expiration date. The employee will receive written notification from the Police Chief or designee, whether the request has been approved or denied.

b. Pursue other options as provided by employment provisions of this County, State or Federal law and notify the Police Chief in writing via proper channels.

c. Be placed on unauthorized leave without pay in the event items Òa or bÓ are not pursued. Unauthorized leave may include disciplinary action.

5. Temporary limited-duty assignments shall be made based upon the applicant meeting the minimum requirements for the assignment; applicantÕs knowledge, skills, and abilities; availability of limited-duty assignments; and the physical limitations as prescribed by the attending physician.

VI. ASSIGNMENT TO TEMPORARY LIMITED-DUTY ASSIGNMENTS

A. Members may request temporary limited-duty assignments by submitting a "Temporary Limited Duty" form (HPD/Form 022) to the Police Chief via their unit commander.

1. The member shall have the attending physician certify in the space provided that (1) the member is fit to return to temporary limited-duty status; (2) complete the Police Department Estimated Functional Capacity Form (EFC) indicating any restrictions, and (3) the approximate date the member can return to full duty. The return to duty shall be within six months of the request, whenever possible. A provision to extend the initial six month limited duty period on a month to month basis for a total of six additional months is allowable with the approval of the Police Chief or designee.

2. The commander shall indicate (1) whether or not a temporary limited-duty assignment is available; (2) prepare a temporary limited duty description listing the duties to be performed; and (3) whether or not the member will be required to utilize a vehicle in the performance of those duties.

3. Members receiving automobile allowances who are granted temporary limited duties shall not have their automobile allowance cancelled during the duration of the initial six-month assignment, regardless whether the use of an automobile is required.

a. Should the employee return to their usual and customary duties at the end of their limited duty assignment, they will be entitled to continue to receive automobile allowance, provided that they work a minimum of 30 actual days (excluding vacation, sick leave, or workers comp).

b. In the event the employee is extended past the initial six-month period, entitlement to automobile allowance will only be applicable if the limited duty position requires the use of an automobile; exceptions may be made for work related injury/illness.

c. If the limited duty does not require the use of an automobile, then the allowance during the extension will be cancelled.

d. If the employee is unable to return to their usual and customary duties at the end of the temporary limited duty assignment, the employee shall remain off duty and the automobile allowance will be cancelled according to contract provisions regarding automobile allowance.

B. The Department may recommend temporary limited duty assignment for an injured/ill employee upon consultation with the employee and physician, provided that the assignment is in correlation with the Estimated Functional Capacity Form. The Department may also require a medical or psychological fitness for duty examination by a physician prior to accepting an employee back to work.

1. Notice shall be provided to the employee of the proposed temporary limited-duty assignment, together with justification for the recommendation.

2. The employee may challenge the proposed temporary limited duty assignment using established grievance procedures.

3. Pending results of the grievance procedure, an employee may be assigned to temporary limited duty if, in the opinion of the Police Chief, failure to reassign may jeopardize the safety of the employee, other employees or the public.

C. As a condition of continued temporary limited-duty assignments, employees shall submit monthly Estimated Functional Capacity Forms to update their condition or as deemed necessary by the Police Chief.

VII. PREGNANT EMPLOYEES

A. Pregnant employees are eligible for temporary limited-duty assignments as available and as appropriate to their physical capabilities and well-being.

B. Where appropriate temporary limited-duty assignments are unavailable, pregnant employees may pursue other forms of medical leave, TDI (Temporary Disability Insurance), or Family Leave (FMLA) as provided by State or Federal law.

C. Pregnant employees shall submit an Estimated Functional Capacity Form from the attending physician at three month intervals from their initial request to document:

1. The employee's physical/emotional ability to perform the present assigned duties, and

2. The temporary limited duty assignment will not injure the employee or her expected child, and

D. Pregnant employees shall be permitted to continue working in their usual and customary positions or limited duty assignments as long as they present required Estimated Functional Capacity forms from their attending physician indicating that they are capable of performing all of essential duties of the position or until such time as a physician recommends that work be curtailed.

1. Failure to submit the Estimated Functional Capacity form in a timely manner may result in the employee being sent home and charged appropriate leave credits until one is submitted. The employee shall inform the supervisor how leave is to be charged (sick leave, vacation, CTO, or leave without pay).

VIII. RETURN TO DUTY

A. Before returning to full duty, members shall obtain a medical clearance from their attending physician. The medical clearance shall include the date the member started the temporary limited duty assignment, and that the employee can return to their usual and customary duties in their regular work. The position title shall be included in the clearance.

IX. TEMPORARY LIMITED-DUTY ASSIGNMENTS FOR CAUSES OTHER THAN ILLNESS OR INJURY

Police personnel may be placed on temporary limited duty for non-medical reasons, if they are unable to fulfill their duties in a law enforcement capacity with the approval of the Police Chief for a period not to exceed six months. The Police Chief may extend this period.

Employee must submit a request to the Police Chief via proper channels, stating the reason(s) he/she is unable to unable to perform their regular duties. Temporary limited duty assignments of this nature will be considered after other regular request/situations are fulfilled and if work is available.

Personnel assigned to temporary limited-duty assignments for non-medical reasons and receiving automobile allowance shall have their allowance cancelled if the temporary limited duty does not require the use of an automobile.

X. ALTERNATIVES

A. If a member does not qualify for temporary limited duty and is unable to perform job requirements, the member may apply for:

1. Service-connected disability retirement;

2. Ordinary disability retirement;

3. Service retirement;

4. Leave without pay based on applicable contract provisions;

5. Temporary or permanent transfer to a position for which the member is physically qualified;

6. Temporary or permanent demotion (voluntary/disability) to a position for which the member is qualified.

7. Regular or limited term promotion to a position for which the member is physically qualified and has applied, qualified, and selected according to departmental procedures.

8. Voluntary resignation. 

LAWRENCE K. MAHUNA
POLICE CHIEF

[Amended: 11-09-04]

______Pursuant to General Order 524, limited temporary limited duty assignment is being requested based on the attached Estimated Functional Capacity Form.

______Pursuant to General Order 524, a supervisory referral for temporary limited duty assignment is being made for the employee listed above based on the attached Estimated Functional Capacity Form.

PHYSICIAN'S CERTIFICATION

I hereby certify that I prepared the attached Estimated Functional Capacity Form and that ______________

__________________________(employeeÕs name) was injured/ill on _________________(date). I further certify that he/she is able to return to Temporary Limited Duty on __________________________ for a period not to exceed _______________________________ (date should not exceed six months from date of request). The tentative return to work date is ______________________________. I have scheduled a follow-up appointment on ___________________________(date).

COMMANDER'S STATEMENT

I have reviewed the above request for Temporary Limited Duty and the duties ___will ___ will not require the use of a vehicle in the performance of the attached limited duties.

CHIEF'S APPROVAL