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.