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4313.4 BP Board Policy

Temporary Modified/Light-Duty Assignment

All Employees The Governing Board recognizes that, when employees have temporarily disabling medical conditions, temporary modified or light-duty assignments can allow the district to continue to use their valuable knowledge, skills, and abilities while minimizing time away from work. Temporary modified/light-duty assignments may also serve to facilitate the employee's transition back to their regular duties or full-time work. Any employee may request a modified or light-duty assignment when they have a temporary medical condition which prevents the performance of the essential functions of their current assignment or position. The Superintendent or designee shall determine, on a case-by-case basis, whether a suitable temporary position currently exists to accommodate the physical restrictions specified by the employee's medical provider. An employee's initial assignment to a temporary modified or light-duty position shall be for a limited duration, not to exceed 30 days. At the end of the initial assignment, the employee may request that the Superintendent or designee extend the assignment. When requesting any such extension, the employee shall submit documentation from their medical provider verifying that the employee is still temporarily disabled and is not medically able to return to their regular assignment. Temporary assignments generally shall not exceed 90 days, but may be extended at the discretion of the Superintendent or designee for an additional 90 days upon verification by the employee's medical provider that such an extension will allow the employee to return to unrestricted regular duties. An employee who rejects a temporary modified/light-duty assignment may be subject to a loss of workers' compensation benefits in accordance with district's insurance policy.

Legal & Management References

State
Ed. Code 44984 - Required rules for industrial accident and illness leave
Ed. Code 45192 - Industrial accident and illness leave for classified employees
Gov. Code 12900-12996 - Fair Employment and Housing Act
Gov. Code 12945.1-12945.21 - California Family Rights Act
Federal
29 USC 2601-2654 - Family Care and Medical Leave Act
42 USC 12101-12213 - Americans with Disabilities Act
Management Resources
Court Decision - Raine v. City of Burbank (2006) 135 Cal.App.4th 1215
Website - CSBA District and County Office of Education Legal Services
Website - California Civil Rights Department
Website - U.S. Equal Employment Opportunity Commission

Cross References