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UCSC Transitional Return to Work Program Guidelines

Summary: A safe and timely return to work benefits the patient and his or her family by enhancing recovery, reducing disability, and minimizing social and economic disruption.

1. Purpose
2. Guidelines
3. Eligibility
4. Scope
5. Compensation
6. Duration
7. Assignments
8. Medical Treatment While In the Program
9. Return to Regular Duties
10. Employee Responsibilities
11. Supervisor Responsibilities
12. Doctor Responsibilities
13. Individual Department Responsibilities
14. Transitional Return to Work Coordinator Responsibilities
15. Environmental Health & Safety Responsibilities
16. Employee Assistance Program Responsibilities
17. Claims Administrator Responsibilities

1. Purpose

• 1.01 Provide temporary Transitional Work Assignments to employees unable to perform their usual jobs due to temporary work restrictions resulting from on-the-job injuries.
• 1.02 Minimize wage loss for injured workers, minimize workload impacts on co-workers, and reduce disruptions to departments that result from occupational injuries.
• 1.03 Support the recovery of temporarily impaired employees while allowing them to remain as productive members of their workgroup.
• 1.04 Prevent the deterioration of strength, flexibility, health and wellness that results from prolonged absence from work.
• 1.05 Prevent the loss of talent and productivity that results when employees are forced to remain off work until they are 100% recovered.

2. Guidelines

• 2.01 Provide short-term Transitional Work Assignments (TWAs) for occupationally injured employees with temporary impairments, based on their ability as determined by the treating doctor.
• 2.02 Develop and begin each TWA, with input from the employee, as soon as medically authorized.
• 2.03 Upon initial placement of an employee placed in a transitional work assignment, the department supervisor is responsible for coordinating a meeting with the employee and campus Transitional Return to Work Coordinator.
• 2.04 Assure that both the employee and the supervisor understand the employee's temporary medical restrictions and see that they are not exceeded.
• 2.05 The supervisor is instructed to complete a UCSC Transitional Return to Work Form for each time period between medical visits or change in transitional duties or tasks. The Supervisor is instructed to retain a copy of the completed form for departmental files, provide a copy to the employee and submit a copy to Risk Services.
• 2.06 Participation in the Transitional Return to Work Program is not optional. If an injured worker is medically determined to eligible for transitional work, the department is expected to offer a TWA consistent with program guidelines. Similarly, if a TWA if offered, the employee is expected to participate, consistent with medical restrictions. Declining to participate may result in reduction of workers compensation temporary disability benefits, in accordance with California law.
• 2.07 TWAs should begin as soon as possible to reduce lost time and wage loss due to occupational injury.
• 2.08 TWAs are temporary work assignments, not jobs, and are intended to facilitate the transition from temporarily restricted status to resumption of full duties in the usual job.
• 2.09 TWAs are progressive and should be regularly adjusted in line with medically documented changes in the employee's ability.
• 2.10 Every effort should be made to locate the TWA in the injured worker's home department.
• 2.11 If the employee's home department is unable to create a TWA, the Return to Work (RTW) Coordinator will work with other departments to create a properly supervised TWA, that will be funded by the home department. TWAs may not be conducted at the employee's home or other unsupervised location unless that is their usual workplace.
• 2.12 Each TWA is a temporary assignment, with a start and end date specified at the beginning of the assignment. An injured employee may complete several TWAs before returning to full duty. A new transitional return to work form must be completed for each adjustment or new duty made in the transitional work assignment.
• 2.13 Workdays and hours may be changed from the employee's usual schedule for reasons of productivity and supervision. Overtime is not allowed in a TWA.
• 2.14 Each TWA must have clear performance expectations and a clearly identified supervisor. Expectations of employees regarding punctuality, attendance, and absenteeism are the same as with the employee's regular job, e.g., time off for medical appointments must be requested.
• 2.15 If the employee is not expected to return to his usual and customary occupation within 90 days, he may be taken off modified/alternative work until an expected return-to-work date has been determined. However, if the employee demonstrates f a significant and consistent improvement in their condition while on transitional work, the transitional work may be extended for an additional 30 days upon concurrence with the immediate supervisor, department manager and Transitional Return to Work Coordinator.
• 2.16 If the employee has a medical procedure (such as surgery) intended to restore the employee's functional capacity, a second term of transitional work may be considered.
• 2.17 All University policies and work rules apply to employees who are performing a TWA.
• 2.18 The University reserves the right to modify this program as necessary, without further notice.

3. Eligibility

• 3.01 All paid employees with temporary partial medical restrictions, short of total disability, due to an on-the-job injury or illness are eligible for TWAs.
• 3.02 An employee may not substitute paid sick leave because he does not wish to participate in a TWA.
• 3.03 An employee may not substitute extended sick leave because she does not wish to participate in a TWA.
• 3.04 Employees may only participate in the Transitional Return to Work Program once per year, unless there has been a significant medical intervention (such as surgery) intended to restore the employees' functional capacity.
• 3.05 Employees may work in the TRTW program for a period not to exceed the duration of their active employment status.
• 3.06 Employees eligible for leave under the Family Medical Leave Act may opt for FMLA unpaid leave in lieu of participating in the Return to Work Program.
• 3.07 Employees with restrictions that would permanently prevent them from returning to their usual and customary occupation will not be provided with a TWA.
• 3.08 The Transitional Return to Work Program is intended to address the needs of employees with temporary impairments that are expected to resolve within 90 calendar days as opposed to meeting the needs of those with newly recognized, long term disabilities. The University has a separate process for accommodating disabilities as required under the federal Americans With Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). Employees with disabilities that pre-date their occupational injury will be reasonably accommodated in their Transitional Work Assignments.

4. Scope

• 4.01 The Transitional Return to Work Program is designed for campus-wide implementation, across all departments and at every level.
• 4.02 Initial implementation will be on a unit by unit basis, consistent with administrative needs and priorities.

5. Compensation

• 5.01 Non-exempt employees should be paid their usual rate for each TWA hour worked.
• 5.02 Exempt employees should receive their usual compensation for each day worked.
• 5.03 Home department pays wages for any employee working a TWA, whether employee is working in the home department or has been placed in another department due to non-availability of a TWA in the home department.
• 5.04 When the TWA is in other than the home department, the payroll representative from the TWA department coordinates with the home department payroll representative to assure that wages and benefit costs are properly processed.
• 5.05 Workers compensation temporary disability payments stop when an employee is working in a TWA, provided the employee is working and being paid for their usual number of hours.
• 5.06 If the employees documented medical restriction limits the number of TWA hours they can work, and their UC paycheck is correspondingly reduced, they remain eligible for workers compensation wage loss replacement payments, in accordance with workers compensation rules.

6. Duration

• 6.01 TWAs are reviewed following each doctor appointment.
• 6.02 Transitional work typically ends at 90 calendar days. However, if the employee's work restrictions significantly and consistently improve, participation in transitional work may be extended an additional 30 days beyond the typical 90 days.
• 6.03 The Transitional Return to Work Program is not intended to be the vehicle for creating modified jobs for the long term accommodation of injured workers with permanent disabilities. Other programs exist on campus to address those needs.

7. Assignments

• 7.01 TWAs should be developed in an interactive process between supervisor and employee, with assistance as necessary from the RTW Coordinator. A UCSC Transitional Return to Work form should be completed for each assignment or time period between doctor appointments.
• 7.02 TWAs are not jobs. They are temporary assignments individually tailored to accommodate any level of employee ability.
• 7.03 TWAs may include any type of activity including sitting, standing, speaking, lying down, and resting as necessitated or limited by the current medical restrictions.
• 7.04 Each TWA should have a written description including duties to be performed, hours, location, and name of supervisor.

8. Medical Treatment While In the Program

• 8.01 Appointments for medical treatment, physical therapy and so forth should be scheduled during non-working hours, or by using sick leave or vacation time, with supervisor approval.

9. Return To Regular Duties

• 9.01 The injured worker must provide written documentation from the treating physician releasing them to full duty before returning to their regular job.
• 9.02 Release information must be provided to the TRTW Coordinator for distribution to the home department supervisor, the TWA supervisor, and the TPA.

10. Employee Responsibilities

• 10.01 Employee contacts her supervisor immediately if she experiences an on-the-job injury or illness, in order to obtain authorization for medical examination and treatment.
• 10.02 Employee advises doctor that, if work restrictions are prescribed, the employer will provide a Transitional Work Assignment to accommodate any level of ability.
• 10.03 Employee contacts his supervisor from the doctor's office if he is being placed on restricted status, to learn where to report to set up his TWA.
• 10.04 Employee does not exceed work restrictions during the TWA and notifies supervisor of any medical appointments that will require her to be away from work.
• 10.05 The employee will immediately notify his supervisor of any difficulties encountered while performing the assigned tasks.
• 10.06 The employee will advise her supervisor and the TRTW Coordinator of the recovery status and work capabilities after every doctors appointment, as well as providing documentation regarding any change in work restrictions or limitations.

11. Supervisor Responsibilities

• 11.01 Supervisor calls Santa Cruz Occupational Health Center to authorize employee medical treatment and request the doctor contact him, before the employee is released from the clinic, if there are to be any restrictions on the work the employee can do.
• 11.02 Provides employee with employee claim form and completes supervisors report form.
• 11.03 Receives call from treating doctor outlining work restrictions and abilities but should not be told the diagnosis or any other confidential medical information. The supervisors responsibility is to get a clear idea of both the employees work restrictions and specific abilities.
• 11.04 Initially meets face to face with employee to design TWA and answer questions. Establishes clear performance expectations for the participating employee.
• 11.05 Advises department staff that the employee is in the RTW program, discusses her duties, and explains that the new employee is a temporary addition to current staffing levels.
• 11.06 Maintains daily contact with employee to monitor the TWA, ensure compliance with work limitations and restrictions, and address any problems that come up. Supervisor also meets with employee after each change in medical restrictions to adjust the TWA for increasing ability.
• 11.07 Confers regularly with the RTW Coordinator and immediately reports any problems or concerns regarding the TWA to the RTW Coordinator.

12. Doctor Responsibilities

• 12.01 Treating doctor obtains employers authorization from supervisor or other authorized UCSC management prior to providing non-emergency treatment for a reported on-the-job injury.
• 12.02 Treating doctor explains any temporary work restrictions to the employee along with a clarification of everything she can do in the way of work. Subsequent changes in restrictions are also explained and documented so the TWA can be modified to reflect the new abilities.
• 12.03 Treating doctor contacts employee's supervisor before the employee leaves to explain any temporary work restrictions and summarize physical abilities, but does not reveal the diagnosis or any other confidential medical information.
• 12.04 Treating doctor completes the Physician's Temporary Restriction of Work Activities and faxes a copy to the TRTW Coordinator and the TPA.
• 12.05 The treating physician will conduct medical examinations while the employee is working a transitional return to work assignment. If an employee is on TWA no more than 30 days should lapse between medical appointments with a physician.
• 12.06 The treating physician will provide the TRTW Coordinator with a medical status update after each medical appointment and at the conclusion of the transitional return to work assignment period.

13. Individual Department Responsibilities

• 13.01 Each department creates a Return to Work process to provide and administer TWAs within the department.
• 13.02 Consistently creates TWAs of up to 90 workdays duration for all employees with temporary impairments due to on-the-job injuries.
• 13.03 Creates and maintains a bank of TWAs that add value to the department as well as match the abilities of employees with the most common occupational injuries.
• 13.04 Each department, when possible, provides TWAs for injured workers unable to be placed by their home departments. In such cases wages are still paid by the home department.
• 13.05 Contacts the TRTW Coordinator as necessary for assistance in administering their TRTW process.

14. Transitional Return to Work Coordinator (TRTW) Responsibilites

• 14.01 The Transitional Return to Work (RTW) Coordinator, in the campus Office of Risk Services, confirms that the treating doctor is aware that UCSC has a Transitional Return to Work Program and sends the doctor a confirming letter and copy of the employees job description.
• 14.02 Forward a copy of the Physician's Temporary Restriction of Work Activities to the home department as soon as it is received, as well as update reports as received.
• 14.03 The TRTW Coordinator will maintain not less than weekly contact with the employee and the RTW supervisor to assess the work process and the progress of the employee.
• 14.04 Where there are discrepancies in understanding a specific work restriction, the campus TRTW Coordinator will act as a liaison between the doctor and employee to facilitate mutual agreement and understanding.
• 14.05 At the conclusion of the transitional return to work assignment, the TRTW Coordinator will request a written medical status up-date from the treating physician.
• 14.06 Provide training, guidance and support to individual departments in the operation of their TRTW processes.

15. Environmental Health & Safety Responsibilities

• 15.01 Provides general training to supervisors in incident and injury investigation and case specific consultative assistance on request. Provides expert investigation on request in complex situations.
• 15.02 Provides consultative assistance on request, evaluating the ergonomic aspects of proposed TWAs, identifying and communicating potential risks, and recommending actions to improve health and safety.

16. Employee Assistance Program Responsibilities

• 16.01 Offers counseling services to eligible employees who are working in a TWA or out of work altogether, helping them deal with temporary changes in their job duties, surroundings, and supervisors.
• 16.02 Provides the TRTW Coordinator with trend information, which may suggest opportunities for improvement in the TRTW Program.

17. Claims Administrator Responsibilities

• 17.01 The Claims Administrator, employed by the University's Third Party Administrator, Sedgwick Claims Management Services, provides appropriate benefits to the ill or injured employee, in accordance with California law.
• 17.02 Assures the confidentiality of employee medical information related to their claim.
• 17.03 Facilitates communication between the parties to a workers compensation claim.

Last revised: April 23, 2008 (am)