RETURN-TO-WORK PROGRAM
ON-THE-JOB INJURIES

It is the policy of the University of Houston-Victoria to provide a return-to-work program as the means to return employees to meaningful, productive employment following work-related injuries or illnesses. In order to provide the highest level of quality service to the citizens of Texas, it is necessary for every employee of the university to be available for work, ready, and capable of performing the duties and responsibilities for which the employee was hired. If an employee is able to work, but is unable to return to his or her regular duties, this policy is designed to provide methods by which the employee may request to return to work in a modified or alternative assignment.

PROCEDURE

The return-to-work program provides opportunities for any university employee covered by workers' compensation insurance who sustains a compensable injury or illness during the course and scope of employment, to return to work at full duty.

If the employee is not physically capable of returning to full duty, the return-to-work program provides opportunities, when available, for offering the employee to perform a temporary assignment in which the employee's regular position is modified to accommodate the employee's physical capacities, or to perform a transitional assignment with alternate duties. Assignment of any employee to a transitional position or modified regular position in accordance with the return-to-work program, including determination of the pay rate for the transitional position, requires the approval of the cabinet level supervisor and/or appropriate vice president, the Human Resources/Affirmative Action Officer (HR/AAO), and the President.

This return-to-work program shall not be construed as recognition by this university, its management, or its employees that any employee who participates in the program has a disability as defined by the Americans with Disabilities Act (ADA) of 1990. If an employee sustains an injury or illness that results in a disability under the ADA, it is the employee's responsibility to inform his or her supervisor or a person in responsible management position when a disability under the ADA exists and that a reasonable accommodation is necessary to perform the essential functions of his or her job.

The University of Houston-Victoria complies with the ADA of 1990 which prohibits discrimination against qualified individuals with disabilities. Nothing in this policy shall be used as the basis for illegal discrimination against any individual or group.

The University of Houston-Victoria complies with the Family and Medical Leave of Absence (FMLA) Act of 1993. The policy on FMLA is detailed in the UH System Administrative Memorandum 02.D.06 and UHV Administrative Policy and Procedure, C-26.

It is a violation of the return-to-work policy, procedures, and state or federal law for any employee, supervisor, or manager of the university to discharge or in any other manner discriminate against an employee of this agency because the employee:

Files a workers' compensation claim in good faith;

Hires a lawyer to represent the employee in a workers' compensation claim;

Institutes or causes to be instituted in good faith a proceeding under the Texas Workers' Compensation Act; or

Testifies or is about to testify in a proceeding under the Texas Workers' Compensation Act.

The Payroll Manager in the Human Resources Department will administer the university's return-to-work program. The appropriate cabinet level supervisor and/or vice president, HR/AAO, and President will approve all return to work decisions within the context of this procedure.

SPECIAL ASSIGNMENTS

If an employee is unable to return to regular duties, the employee or the university may request a special assignment as follows:

• Assignment to a regular position with temporarily modified duties;
• Temporary reassignment to a transitional position with duties which the employee is able to perform for a maximum of six months;
• Permanent re-assignment to another position with duties which the employee is able to perform; or
• Permanent restructuring of the employee's regular position with permanently modified duties.

The University will consider the employee's or supervisor's request for return-to-work in a special assignment according to the following criteria:

• Assignment to the employee's regular position with temporarily modified duties is designed for an employee who is temporarily unable to function at full capacity in the regular position due to work-related illness or injury, but who is expected to return to regular duties within six months. Such modification of duties requires the certification of the employee's treating physician and the approval of the cabinet-level supervisor and/or vice president, HR/AAO, and the President.

• Return to work to a transitional position with different duties is designed for an employee who is temporarily unable to function at full capacity in the regular position due to work-related illness or injury, but who is expected to return to regular duties within six months. The employee must possess the knowledge, skills, and abilities required to function in the transitional position. Such temporary reassignment is to be used only when temporarily placing the employee in the transitional position would provide mutual benefits to the university and the employee, and when no current employee would be displaced by such reassignment. Such temporary reassignment requires the certification of the employee's treating physician (see appendix A) and the approval of the supervisor of the temporary assignment, the supervisor of the regular position, the appropriate cabinet level supervisors and/or vice president, HR/AAO, and the President.

Note: If a transitional assignment warrants a pay change for the affected employee, the university HR/AAO is responsible to determine the correct pay rate for the transitional assignment. In the case of a faculty member, the HR/AAO will work with the Vice President for Academic Affairs.

The employee's salary in the transitional assignment shall be paid by the employee's home department or division. The maximum duration of a transitional assignment is six months.

• Return to work to a vacant regular position with different duties is designed for an employee who is permanently unable to function at full capacity in his or her regular position due to work-related illness or injury, and who possesses the knowledge, skills, and abilities required to function in the vacant position. Such permanent reassignment is to be used only where permanently placing the employee in the vacant position would provide mutual benefits to the university and the employee, and where no current employee would be displaced by such reassignment. Such permanent reassignment requires the certification of the employee's treating physician (see appendix A) and the approval of the supervisor of the new position, cabinet level supervisor and/or vice president, HR/AAO, and the President.

• Return to work to a restructured regular position with modified duties is designed for an employee who is permanently unable to function at full capacity in his or her regular position due to work-related illness or injury. Such permanent modification of duties requires the certification of the employee's treating physician (see appendix A) and the approval of the supervisor, cabinet level supervisor and/or vice president, HR/AAO, and the President.

An employee will not be placed into a transitional or regular position if such an assignment would place the employee or others in danger or would displace another current employee.

An employee in a special, transitional assignment is responsible for providing periodic reports from his/her health care provider during the period of the temporary assignment.

BONA FIDE OFFER OF EMPLOYMENT

Assignment to any of the types of positions described under Special Assignments will be documented in a "bona fide offer of employment" letter to the employee. The bona fide offer of employment letter shall include the following information:

• The type of position offered and the specific duties;
• A statement that the university is aware of and will abide by any physical limitations under which the treating doctor has authorized the employee to return to work;
• The maximum physical requirements of the job;
• The wage rate of the job (to be determined on a case by case basis by the Human Resources Officer and the Compensation Plan Consultant);
• The location of the assignment;
• The expected duration of the assignment;
• The consequences of not accepting the assignment, in terms of duration and any income benefits payable under the Texas Workers' Compensation Act, and any other relevant leave provisions. The letter is to state that the university cannot guarantee that a position will be available should the employee fail to accept the assignment.
• The person to contact if the employee has questions regarding the assignment, job modifications, or other relevant leave provisions.

The employee may accept or reject the bona fide offer of employment. The employee should be informed that rejection of the bona fide offer of employment may result in workers' compensation temporary income benefits (if applicable) being stopped by the Workers' compensation Division as the state's insurance carrier. If the employee accepts the bona fide offer of employment, then the employee shall perform the duties of the position for the term of the assignment or until the employee is able to return to full duty, whichever is sooner in the case of a temporary assignment.

If the employee rejects the bona fide offer of employment, then the employee remains off work until the end of any approved leave period or until the employee is certified by the health care provider to return to full duty.

In the case of a temporary assignment, if the employee is unable to return to full duty by the end of the assignment period and/or by the end of the employee's approved leave period, then the employee's continued employment with the agency shall be considered based upon the operational business necessity of filling the employee's position.