Temporary Work Restrictions Procedure

Objectives of making work available within temporary restrictions:

• Provide a safe and timely transition back to work;
• Expedite employee’s return to regular job duties;
• Enhance employee productivity;
• Facilitate physical reconditioning; or
• Reduce unit needs for replacement personnel.

Eligibility:

In order to be eligible to return to work with temporary restrictions, the employee must have a medical condition that temporarily prevents the employee from performing regular job duties and both the temporary medical condition and temporary restrictions must be documented by the employee’s health care provider as set forth below.

To establish if work is available within temporary work restrictions, the employee’s healthcare provider must provide a written statement including the following:

1. Confirmation the employee is released to return to work to perform duties consistent with the specified restrictions;
2. The specific restrictions on the employee’s work requirements. (There may be instances where Human Resources (HR) will ask that the health care provider speak specifically to the employee’s job duties as listed in their position description.  If this is needed, HR will notify the employee in writing.); and.
3. The estimated duration of the work restrictions or a next appointment date when the restrictions will be reevaluated.

Once the employee’s health care provider has provided the written statement to the employee, the employee must share the statement with HR. HR will then determine whether temporary work restrictions are available for the employee by communicating with the employee’s unit to determine if tasks within the specified restrictions are available, and whether such work serves the University’s best interests. Temporary work restrictions will be approved only if appropriate tasks are available and the temporary assignment is in the best interests of the University.

The employee also may choose to request an employee accommodation through the University’s formal accommodations process.

Duration of Temporary Work Restrictions:

Conclusion of the temporary work restrictions will occur at the earliest of the following:

• When the employee is given medical release to resume regular work duties;
• When the employee demonstrates an inability to meet performance expectations of the temporary work restrictions; or
• When a medical determination, indicates that the employee will not be able to resume regular duties at any time in the reasonable future.

Coordination of Temporary Work Restrictions:

In coordination with the employee’s supervisor and other University resources, temporary work restrictions will be managed and directed by HR. For each case, the appropriate unit supervisor and the employee will work closely with HR to ensure that temporary work restrictions are followed.

Roles and Responsibilities:

The Employee must:

• Provide a written statement from their health care provider specifically stating the necessary temporary work restrictions and the needed duration to HR.
• Abide by the temporary work restrictions given by the employee’s health care provider and understands that exceeding/working outside of the restrictions is a violation of the temporary work restriction process.
• Perform assigned tasks pursuant to the supervisor’s objectives/expectations.
• Provide the supervisor and HR with relevant medical updates and supporting documentation within one working day of receipt, especially documentation of a change in work restrictions due to their medical condition.
• Immediately communicate to the supervisor any concern related to work assignments that may cause further injury or may exceed the temporary work restrictions.

The Supervisor must:

• Communicate with HR to determine the availability of tasks consistent with temporary work restrictions.

• Provide appropriate work, if determined to be available, within the restrictions specified by the health care provider.
• Facilitate and monitor, as much as practicable and on a reasonable frequency, the task(s) being performed to ensure safe conditions and satisfactory performance, and immediately notify HR of issues with either requirement.
• Limit disclosure of the employee’s restrictions to the minimum necessary to accomplish program purposes. While the HIPAA Privacy Rule does not apply to workers’ compensation insurers, administrative agencies, or employers, such entities are still required to reasonably limit the disclosure of protected health information (PHI).
• Work with HR to seek any clarifying medical information.

Human Resources must:

• In response to notification of an employee who has temporary work restrictions in place, HR will reach out to the employee and supervisor to ensure that this process is followed.
• Communicate with unit supervisors to determine the availability of tasks consistent with temporary work restrictions.
• Ensure that the employee receives notification of the availability and duration of temporary work restrictions
• Limit disclosure of the employee’s temporary work restrictions to the minimum necessary to accomplish program purposes. While the HIPAA Privacy Rule does not apply to workers’ compensation insurers, administrative agencies, or employers, such entities are still required to reasonably limit the disclosure of protected health information (PHI).
• For worker’s compensation injuries, HR will act as liaison with the employee, health care provider, and if applicable, State Self-Insurance Fund as required by the State of Kansas, and the University’s Workers’ Compensation policy.

If the temporary work restrictions are due to a work injury, the employee, the supervisor, and HR must adhere to the University’s Workers’ Compensation policy and process.