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615 Modified Duty
Probationary, regular full-time, and regular part-time employees are eligible to work
temporary, modified duty work assignments when they incur an off the job injury,
illness, or health fitness impairment which prevents them from performing some
essential function of their regular duty assignment. The purpose of the temporary,
modified duty assignment is to benefit both the employee and the City.
.01 Modified duty assignments are not guaranteed, but will be granted by the
Department Director when there is a bona-fide work assignment available in the
employee’s department, and the employee is qualified to perform the assignment
on a temporary basis. A modified duty assignment will not be created to
accommodate an employee. However, a special project that would require the
reassignment of staff away from or in addition to their regular work assignments
may be considered for a modified duty assignment.
.02 A modified duty assignment is the temporary reassignment of an employee to
perform duties that can be safely performed within the limitations established by
the employee’s physician in light of the employee’s medical condition which was
acquired while off duty.
.03 The employee is required to contact his/her supervisor to determine if a modified
duty assignment for which he/she may be qualified and is physically able to
perform, is available. It is at the employee’s discretion to apply for modified duty.
An employee using Family and Medical Leave may not be required to perform a
modified duty assignment. In case of conflict with the Family and Medical Leave
policy, the Family and Medical Leave policy will prevail.
.04 Modified duty assignments are temporary in nature and shall not exceed 120
calendar days in length from the initial date on which the assignment begins. Any
part of a workday in which a modified duty assignment is performed shall be
counted as one full day.
.05 An employee is not eligible for more than 120 calendar days of modified duty in
any consecutive 12-month period. The 12-month period is measured forward
beginning on the first date the employee works the modified duty assignment.
Each 12-month period thereafter begins the first time a modified duty assignment
is worked.
.06 An employee who is released by the employee’s physician to return to work in less
than full duty capacity must complete the Modified Duty Application with Risk
Management. The request must be accompanied by the Fitness for Duty
Certificate. The Fitness for Duty Certificate must be completed in its entirety by
the treating physician. It is the employee’s responsibility to ensure these forms are
received by Risk Management within one day of the release date.
Employees returning to an approved Modified Duty Assignment after an absence
of more than 10 consecutive days/shifts must complete a drug screen prior to their
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return. Once released to full duty, if applicable for the position, a functional
assessment screening must be completed.
To return to full duty, the employee is required to provide the Fitness for Duty
Certificate releasing employee back to work. Employee must continue to work
based off prior Fitness for Duty restrictions until doctors’ release is received. The
City reserves the right, to the extent permitted by law, to require an independent
physical analysis/assessment to ensure that the employee is able to perform the
modified duty assignment.
.07 The Department Director and Supervisor must complete their respective sections
of the Application for Modified Duty and return to the employee and Risk
Management within 3 working days of receipt of the employee’s request as to their
decision regarding whether a modified duty assignment and/or reduced work
schedule is available.
.08 An employee working a modified duty assignment is not permitted to perform
outside work for compensation prior to returning to their regular full duty
assignment and working his or her scheduled shift. An employee found to be in
conflict with this policy shall be subject to appropriate disciplinary action including
termination of employment.
.09 While working a modified duty assignment, the employee will continue to earn
his/her regular hourly pay rate, regardless of the nature of the modified duty
assignment. An employee working modified duty cannot work overtime,
regardless of the circumstances. Supervisory approval of overtime work will not
be granted for employees on modified duty status.
.10 When an employee works a modified duty assignment for fewer hours than their
regular duty shift, the difference will be paid by supplementing with the employee’s
accrued leave hours in accordance with the Vacation, Sick Leave and Holiday
policies. If no accrued hours are available, the difference will be recorded as leave
without pay.
.11 Firefighters regularly assigned to 24 hour shifts will be reassigned to a 40-hour
work week when working a modified duty assignment. If fewer than 40 hours are
worked, the difference will be paid by supplementing with the employee’s accrued
leave hours in accordance with the Vacation, Sick Leave and Holiday policies. If
no accrued hours are available, the difference will be recorded as leave without
pay.
.12 While on a modified duty assignment, the employee will continue to be eligible for
the same employee benefits they received prior to the Modified Duty Assignment.
.13 As a condition of continuing a modified duty work assignment, an employee must:
(1) adhere to prescribed treatment and make reasonable efforts toward
rehabilitation,
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(2) fully perform the modified duties assigned,
(3) be responsible for completing a new Request for Modified Duty Assignment
form and obtaining a completed Fitness for Duty Certificate and presenting
both documents to Risk Management at least every 30 calendar days; the
new request should be made prior to the expiration of the current approved
modified duty,
(4) inform his/her modified duty Supervisor, in advance, of scheduled
appointments, (The employee will make every attempt to minimize time
away from work.)
(5) make visible progress in returning to full performance capacity’
(6) Return required documents to Risk Management in a timely manner.
.14 Modified duty assignments may be terminated by the City if:
(1) the employee is found to be performing duties or activities which are
restricted by their physician either at work or off duty,
(2) the work assignment is completed and no other work assignments exist
which suit the employee’s abilities and meets the limitations documented by
the treating physician,
(3) the employee performs unsatisfactorily in the modified assignment.
.15 Employees working a modified duty assignment are subject to disciplinary action
taken by the Supervisor for the modified duty assignment, if different than their
regular duty assignment Supervisor.
.16 Employees who are physically unable to return to their regular duty assignment at
the end of 120 calendar days of modified duty must use their paid leave accruals.
Sick leave and vacation accruals, accrued compensatory time, personal holiday,
and holiday hours saved can be used in order of the employee’s preference unless
it creates a conflict with another City of Grapevine Human Resources policy. In
case of a conflict, the City’s Family and Medical Leave policy will always prevail.
If the employee is still unable to return to their regular duty assignment after
exhausting all paid leave, the employee may request a Personal Leave through
Human Resources according to the provisions of that policy.
Policy Implementation Date: 06/01/2007
Revised 04/23/2014
Revised 06/12/2018
Revised 06/09/2019
Revised 06/16/2021