0415.00 Return to Work, Modified Assignments, and Accommodations
Refer:
• ORS 659A.043, Reinstatement of injured worker to former position
• ORS 659A.046, Reemployment of injured worker in other available and suitable work
• City of Portland Human Resources Administrative Rule 2.06, Reasonable Employment Accommodations
• City of Portland Human Resources Administrative Rule 7.08, Injured Employee Return to Work
• City of Portland Human Resources Administrative Rule 7.09, Medical Layoff
• DIR 0060.40, Personnel Orders
• DIR 0210.21, Leaves from Service
• DIR 0240.00, Employee Assistance Program
• DIR 0410.00, Injury, Illness, and Disability
• DIR 0414.00, Pregnancy and Lactation Accommodations
• DIR 0416.00, Critical Incidents
• PPB Personnel Division SOP #009, Modified Duty
Definitions:
• Eligible Members: Any full-time sworn or professional staff member who is unable to perform the full range of job responsibilities associated with their job classification because of injury, illness, disability, or pregnancy.
• Modified Assignment: A work assignment not requiring performance of the full range of responsibilities associated with a member’s regular job classification.
• Pregnancy: “Pregnancy” means pregnancy, childbirth, or a related medical condition, including but not limited to lactation.
• Reasonable Accommodation: reasonable accommodation may include, but need not be limited to acquisition or modification of equipment or devices; more frequent or longer periods or periodic rest; assistance with manual labor; or modification of work schedule or job assignments.
Policy:
1. The Bureau recognizes the value of offering modified assignments, when possible, to members who are unable to perform all or part of their job responsibilities because of illness, injury, disability, or pregnancy. Modified assignments allow members to continue working, stay connected with their colleagues, and assist Bureau operations while a member is unable to perform their regular job assignment.
2. The Bureau shall make reasonable efforts to establish modified assignments for members who are temporarily unable to perform the duties associated with their job classification due to illness, injury, disability, or pregnancy.
3. Availability of modified assignments is at the Bureau’s discretion and shall be determined based on the operational and business needs of the Bureau, including the need to provide efficient and effective public safety services.
Procedure:
1. Requests for Modified Assignments Unrelated to Pregnancy. For pregnancy, refer to Directive 0414.00, Pregnancy and Lactation Accommodations.
1.1. Any eligible member can request a modified assignment.
1.2. Requests should be made through channels and in writing to the member’s Responsibility Unit (RU) Manager.
1.3. The RU Manager shall forward the request to the Personnel Division for evaluation and determination of assignment.
1.4. Modified assignments that are projected to last for more than 80 hours require approval by the Assistant Chief of Services.
1.5. Modified assignments shall be limited to 90 days, unless the Bureau grants the member one additional 90-day period because there is reason to believe the member’s condition will be resolved during the second 90-day period.
2. Modified Assignment Allocation.
2.1. Modified assignments shall not be used for punitive purposes.
2.2. Members in modified assignments may be reassigned or have work hours and days off changed based on the needs of the Bureau, availability of modified assignments, and pursuant to applicable collective bargaining agreements.
2.3. Modified assignments for sworn members may consist of, but are not limited to:
2.3.1. Operational support such as taking calls for service by phone and approving online police reports;
2.3.2. Special projects;
2.3.3. Temporary duty assignment at another RU; or
2.3.4. Modified assignment at current RU.
3. Probationary Members.
3.1. The Bureau may extend probation for probationary members who are assigned to a temporary modified assignment for more than three (3) consecutive weeks by a period of time equal to the member’s time in the temporary modified assignment, subject to applicable collective bargaining agreements.
3.2. Personnel Division shall track the length of time probationary members are in a temporary modified assignment and shall notify Training Division when a sworn member reaches the three (3) consecutive week mark.
4. Member Responsibilities.
4.1. Members have an obligation to inform the Bureau if and when they are capable of returning to their full job responsibilities. Accordingly, members shall submit an updated Work Status Report or physician’s letter as soon as possible if/when their medical condition changes and the change affects their ability to perform their job responsibilities.
4.2. Supervisors Responsibilities.
4.2.1. Supervisors shall forward requests for modified assignments through channels.
4.3. Personnel Division Responsibilities.
4.3.1. Personnel Division shall evaluate all requests for modified assignments and facilitate the allocation of such assignments.
4.3.2. Personnel Division shall track all members in modified assignments and facilitate all required documentation related to modified assignments.
4.4. RU Manager Responsibilities.
4.4.1. RU managers shall forward requests for modified assignments to Personnel Division.
4.4.2. RU managers shall ensure that all members who are released to modified duty complete the proper paperwork, including FPDR or FLMA forms if applicable.
4.4.3. RU managers shall ensure that all members who are in a modified assignment for more than 14 days are placed on a modified assignment contract.
5. Return to Regular Assignment.
5.1. Documentation Required.
5.1.1. Members in a modified assignment cannot return to their regular assignment without providing an updated Work Status Report or a physician’s letter for non-service injuries.
5.1.2. Supervisors shall not allow members to return to work without providing an updated Work Status Report or a physician’s letter.
5.2. Training.
5.2.1. In accordance with Directive 1500.00, Training, a member may require refresher training depending on the member’s assignment and/or length of leave.
6. General provisions pertaining to modified assignments.
6.1. The Bureau has the authority to require an Independent Medical Evaluation (IME) or Fitness for Duty Evaluation (FDE) of a member at any time by a qualified medical professional of the Bureau’s choosing and at the Bureau’s expense, subject to applicable legal standards.
6.2. The availability of a modified assignment does not affect a member’s eligibility for a leave of absence for an injury or illness that is sustained in the line of duty, or any other form of leave that the member may be eligible for under applicable collective bargaining agreements, City Administrative Rules, and state or federal law (i.e., Family and Medical Leave Act).
6.3. A member who is in a modified assignment for medical reasons is not prohibited from applying for promotion through the regular City civil service process. A member who is otherwise qualified may be eligible for promotion if:
6.3.1. The member is able to perform the essential functions of the assignment and;
6.3.2. The member is released to perform the essential functions by an appropriate medical professional prior to the effective date of the promotion and;
6.3.3. The available assignment is in the rank in which the promotional vacancy exists.
6.4. This program shall not be construed as recognition by the City of Portland, the Portland City Council, City management, or City employees or agents, that any employee who participates in the program is a qualified individual with a disability as defined by the Americans with Disabilities Act (ADA) or 1990 or state law.
6.5. If an employee sustains an injury or illness that results in a disability under the ADA, it is the employee’s responsibility to inform their supervisor or the Personnel Division that the member believes a disability under the ADA exists, and reasonable accommodation is necessary to perform the essential functions of their job. Members should refer to City of Portland Human Resources Administrative Rule 2.06, Reasonable Employment Accommodations, for more information.
• Effective: 11/30/2024
• Next Review: 11/30/2026