Bernalillo County Fire Department Temporary Modified Duty Policy PDF

**PURPOSE** To establish direction for assignment of personnel who request a temporary modified duty assignment, due to a medical condition, injury, illness or other valid reason, occurring off-duty. **POLICY** It is the policy of the Bernalillo County Fire Department (BCFD) that the organization...

**PURPOSE** To establish direction for assignment of personnel who request a temporary modified duty assignment, due to a medical condition, injury, illness or other valid reason, occurring off-duty. **POLICY** It is the policy of the Bernalillo County Fire Department (BCFD) that the organization may allow members to work in a temporary modified duty capacity, based on the member's documented ability and other pertinent restrictions in accordance with the needs of the Department. **DEFINITIONS** Temporary Modified Duty -- Requested by members who sustain **off-duty** injury or illness and approved at the will of the Fire Chief. Light Duty -- Requested by members who sustain **on-duty** injury or illness and approved at the will of the Fire Chief. **PROCEDURE** Members who are unable to perform their regular duties due to illness, injury, medical condition, or other physical limitation **[not]** associated with an on-duty injury, may request to be assigned to a temporary modified duty assignment within the Department based on the following: I. **Member Responsibilities** A. The member must make a written request for temporary modified duty assignment through the chain of command to the Chief. B. The member shall have his/her physician review and document any limitations to the job description and functional analysis. Any specific work restrictions must be noted on the release. C. The member must submit a written notice signed by the individual's physician releasing the individual to work in a temporary modified duty assignment. D. A prognosis for complete recovery and the ability to return to full duty must be stated on the release. E. The modified duty assignment shall be reviewed every 30 days and no temporary modified duty assignment shall exceed 6 months. F. Members are expected to return to full duty as soon as possible and shall immediately report and submit a request to the Chief when the physician has released them to regular duty. The member shall submit the functional analysis of job description attesting to their ability to perform all of the essential functions of the position they hold. G. Members allowed to work a temporary modified duty assignment shall be scheduled to work a 40-hour work week. a. Work schedule will be directed by the assigned supervisor. b. With permission of their supervisor, employees may work four (4) 10-hour days or five (5) 8-hour days weekly. H. Completion of the temporary modified duty assignment shall only occur at the end of the currently agreed-upon FLSA pay period in the CBA. I. Uniformed members who cannot wear a uniform due to the nature of their condition or based on the limited assignment must conform to the dress guidelines for non-uniformed members. J. Members will be assigned within the Department/County to a position that best fits the needs of the Department/County and not of a "make work" nature. K. The Department will make a decision when approving requests for temporary modified duty assignments and will make them consistent with E.E.O.C. guidelines. Final approval for granting temporary modified duty assignment will be made on an individual basis. Temporary modified duty assignment requests that carry an obvious potential to compound existing injury or cause additional injury shall be denied. Temporary modified duty assignments will not be made for off-duty injury, or illness if the potential for the injury or illness to develop into a Worker's Compensation action is inherent or probable. II. **Administrative Responsibilities** A. The Chief shall issue a written notice to approve or deny the member's request for a modified duty assignment. B. If the member is approved for a temporary modified duty assignment, the Fire Chief shall assign the member to a Chief Officer. C. In the event that a member is unable to return to their full-duty status at the end of the 6-month temporary/modified duty term detailed in this policy, the County will attempt to find a position outside of the Fire Department that the member is qualified to hold. D. As a last resort, the County reserves the right to separate employment with any member who is deemed no longer able to perform the essential functions of the job which they hold without a reasonable accommodation per the American's with Disabilities Act (ADA). III. **Compensation** A. Members requesting a temporary modified duty assignment associated with an off-duty injury or illness in accordance with this policy will **not** have their salary converted in accordance with the Collective Bargaining Agreement (CBA). B. Members who are already on a special assignment when they sustain an off-duty injury or illness in accordance with this policy will have their salary converted back to their base hourly wage, plus longevity, if they are unable to perform the essential functions of their special assignment because of their injury or illness. **REVIEW/REVISION** **09/02/2020** I. Member Responsibilities - Added language to provide for flexibility of work schedule in coordination with assigned supervisor. - Added requirement that temporary modified duty assignment may not exceed 6 months (CBA). II. Administrative Responsibilities - Changed assigned supervisor from Division Commander to Division Chief. Added section D. related to what County will do to try to find member work if they are unable to return to work. - Changed time limit for temporary modified duty to 6-months to match CBA Article 24.5. III. Compensation - Added this section