225.0 VII-7.41 - POLICY ON MODIFIED DUTY (Approved by the Board of Regents on November 12, 1993) I. Purpose and Applicability To establish a policy for all regular administrative and classified employees which facilitates the early return to work of those employees recovering from an illness or injury. This policy applies only to those employees who are expected to return to full duty in their previously held positions. II. General A. It is the policy of the University of Maryland System to facilitate the prompt return to duty of employees absent due to illness or injury. In an effort to ease the transition of recovering employees into a resumption of full duties without restrictions, modified duty is designed to provide for a temporary assignment. B. Modified duty assignments shall not become permanent assignments. The total number of days that an employee can be assigned modified duties should not exceed 180 calendar days in any 12 month period. Exceptions to the 180 calendar day limitation may be approved by the institution's Director of Human Resources/Personnel. III. Administration A. In an instance where an employee is absent from work due to illness or injury, and is not expected to or does not return to work for a least 14 calendar days, the employee may be required to provide an original certificate from a medical provider which authenticates the period of illness or injury and includes: 1. The date or dates the employee was seen by the medical provider; 2. a diagnosis of the illness or injury; 3. whether the medical provider recommends that the employee not report to work, the period of time involved, and the reason the illness or injury prevents the employee from working even with reasonable accommodation; 4. a prognosis for recovery and the estimated date when the employee will be able to return to full duty; 5. the medical restrictions that need to be considered when identifying a modified duty assignment; 6. the authorized signature of the following licensed or certified medical providers: Physician, Physical Therapist; Clinical Psychologist; Dentist; Optometrist; Oral Surgeon, Chiropractor, Podiatrist; Nurse Practitioner; Nurse Midwife; Physician's Assistant or an accredited Christian Science practitioner. When an employee is required to provide a certificate as described above, the employee may submit the certificate to a supervisor, the institution's Director of Human Resources/ Personnel, or a designated institutional medical officer. B. The employee may be required to provide additional original certificates at reasonable intervals based upon the nature of the illness or injury. C. In the event that the medical restrictions listed on the original certificate prevent the employee from performing any available modified duty assignment, the institution may arrange for a second medical opinion. This provision does not limit the institution's right under any other policy to require a second medical opinion. IV. Assignment A. Upon receipt of the original certificate, in conjunction with the employee's Dean, Department Head, or Chairperson, the institution's Director of Human Resources/Personnel or designee will determine whether there exists an appropriate modified duty assignment consistent with reasonable accommodation for medical restrictions, the department's staffing needs and relevant fiscal considerations. In the event an appropriate assignment cannot be identified in the employee's department, the institution's CEO or designee may assign the employee to another department that has an appropriate modified duty assignment during this period. B. An employee on modified duty will not be assigned to perform duties of a level higher than the employee's regular classification. C. Modified duty employees may experience some temporary changes from their regular assignments in the areas of daily work hours, scheduled shifts, regular days off, and holiday leave. D. Modified duty assignments will not alter the employees' bi-weekly salary but may affect shift differential pay. E. The assignment will be evaluated periodically, and may be adjusted based upon the employee's medical progress. F. The institution may, at any time, arrange for a second medical opinion by an institution named physician to verify the recovering employee's need to continue modified duties. G. If the institution determines that an appropriate modified duty assignment does not exist, the employee shall remain on paid leave or Leave of Absence Without Pay as appropriate until such time as the institution can identify an appropriate placement or the employee's condition improves sufficiently to allow a return to work. H. If the employee refuses a modified duty assignment, accident or sick leave may be terminated. The employee may be allowed to use other forms of paid leave, be terminated, or be placed on a Leave of Absence without Pay. Other administrative sanctions may also be applied. I. Any employee who is injured in the line of duty and who refuses modified duty, shall be reported to the Injured Workers' Insurance Fund, and a request shall be made for a suspension of lost time benefits. DEFINITIONS: "Medical Restrictions" - physical or mental limitations certified by a licensed or certified medical provider or an accredited Christian Science Practitioner. "Modified duty" - a temporary assignment of job tasks which is compatible with an employee's medical restrictions and supports the prompt return to full duty. IMPLEMENTATION PROCEDURES: Each Chief Executive Officer shall develop procedures as necessary to implement this policy and submit a copy to the Chancellor.