1. West Valley City is committed to providing work, when possible, for employees who have been restricted by a physician [or a health care provider due to a work-related injury or illness, including pregnancy. Such work will be provided subject to availability. Work will be assigned according to the nature of the injury or illness and the limitations set forth by the treating physician [or health care provider]. Every effort will be made to place employees in positions within their own departments. If necessary, an employee will be placed wherever an appropriate position is available.

2. While on temporary modified duty, employees will continue to receive their regular rate of pay. Employees who are placed outside their department will continue to have their salary charged to their regular department. Employees who have a work-related injury must follow the procedures outlined in Part 11 of this manual.

3. Employees who are ill and have physical limitations that prohibit them from performing the functions of their regularly assigned position, shall notify, their Supervisor and Human Resources. Notification means the employee must submit a Medical Release signed by their medical care provider that verifies the employee is ill and identifies any physical restrictions to apply during the temporary modified duty assignment and states how long the restrictions apply. An employee is not required to accept a temporary modified duty assignment.

4. Employees on temporary modified duty must furnish a written update of their medical condition to the Human Resources Office, after each visit in order to remain in the reassigned job. Temporary modified-duty assignments are limited to a period of 90 days, (except in the case of pregnancy as stated below) but are subject to review. Being placed on a temporary modified-duty assignment does not excuse an employee from following all rules and regulations.

5. In order to return to her regularly assigned job duties an employee must submit a Medical Release, signed by the employee’s physician, indicating the employee is released to full duty, with no restrictions. Upon an employee’s request to return to a full duty assignment with a signed Medical Release, Human Resources will reinstate the employee to her regularly assigned position.

6. To comply with the Pregnancy Discrimination Act, West Valley City treats pregnant workers the same as it treats workers who are not pregnant but who are similar in their ability or inability to work. When temporary modified duty is offered to pregnant employees it is under the same terms and conditions that it offers temporary modified duty to other workers. Pay and benefits will not be reduced upon an employee’s acceptance of temporary modified duty.

1. If an employee becomes pregnant and she has physical limitations that prohibit her from performing the functions of her regularly assigned position, she shall notify, or cause to be notified, her Supervisor and Human Resources.

2. To notify the Supervisor and Human Resources, the employee must submit a Medical Release-Pregnancy Form signed by her medical care provider that verifies the employee is pregnant, identifies any physical restrictions to apply during the temporary modified duty assignment and states how long the restrictions apply.

3. The employee is responsible, with the advice of her medical care provider, to determine how long she will continue working in her regularly assigned position. An employee is not required to accept a temporary modified duty assignment. The employee may request temporary modified duty any time during her pregnancy pursuant to the advice of her medical care provider.

1. Once the Supervisor and Human Resources has knowledge the employee is pregnant and the employee has requested temporary modified duty, she will be eligible for consideration for a temporary modified duty assignment. West Valley City is under no obligation to create or design a job or assignment specifically for such temporary modified duty, but will allow a pregnant employee who cannot perform the physical duties of her assigned position to fill a temporary modified duty position to the extent one is available. Temporary modified duty assignments may be either in the employee’s own department or elsewhere in the City, depending on availability. The temporary modified duty assignment shall comply with the physical restrictions imposed by the employee’s medical care provider.

2. The employee can remain in a temporary modified duty position until she is physically unable to perform her temporary modified duty assignment or she can return to her regularly assigned position as certified by her medical care provider. Temporary modified duty assignments are indeed temporary and are intended to last only for the duration of the pregnancy and only to the extent there are physical limitations due to the pregnancy that would cause the employee to be unable to continue working in her regular assignment.

1. Once the employee is unable to perform her temporary modified duty assignment, she may be granted leave in accordance with the procedures set forth in the City’s FMLA/STDL policy. Nothing herein shall be construed to limit an employee’s use of FMLA leave at any time of the pregnancy pursuant to the City’s FMLA policy.

2. PTO leave will be recognized as part of this policy where applicable.

3. Certain pregnancy related conditions may qualify an employee to receive reasonable accommodations under the ADAAA.

1. In order to return to her regularly assigned job duties an employee must submit a Medical Release, signed by the employee’s physician, indicating the employee is released to full duty, with no restrictions.

2. Upon an employee’s request to return to a full duty assignment with a signed Medical Release, Human Resources will reinstate the employee to her regularly assigned position.

1. Long Term Disability benefits provide an income of at least 60 % of salary. The LTD carrier has the responsibility to determine the amount of benefit after reviewing the physician, employer and employee statements. There is a maximum benefit payable under the plan. A full summary plan description of the plan is available in the Human Resource Office.

2. Once eligible for LTD the employee is no longer actively employed by the City and shall be terminated.

3. Employees must pay the premium for LTD insurance as a result, when the benefit is payable it is nontaxable income.

4. An employee must satisfy a 120 day waiting period for each illness and make application for benefits and be approved. All LTD benefits are paid by the LTD carrier.