S-1620 - 04/13/2021 - PERSONNEL - Ordinances Supporting Documents ITEM 6.D.3
BOARD OF TRUSTEES MEETING
VILLAU ai SAMUEL E. DEAN BOARD ROOM
OAK B R , K BUTLER GOVERNMENT CENTER
c / 1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 13, 2021
SUBJECT: Personnel Manual Amendments
FROM: Kathy Vonachen, Human Resource Director/Deputy Clerk
BUDGET SOURCE/BUDGET IMPACT: NA
RECOMMENDED MOTION: A Motion to Approve Ordinance 20201-PL-RR-EX1-S-1620,
An Ordinance Amending Certain Sections of the Personnel Manual of the Village of Oak Brook.
Background/History:
Our current Personnel Manual was approved by the Village Board on January 13, 2015 with
Resolution 2015-PL-RR-R-1424. I would like to bring clarity to the Personnel Manual "Work-
Related Injuries"that employees must follow their workplace restrictions while off duty, unless
specifically excused by a written physician's order given to the Village. Violating work restrictions
during an employee's off duty hours shall result in termination of employment.
6.05 Work-Related Injuries
5. Return to Work Guidelines
a. Restricted duty assignments may be temporarily provided for an injured
employee if:
(1) An authorized physician has released the employee to return to
work with physical restrictions on the duties the employee can
perform; and
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(2) If the duties that the employee is physically able to perform while
rehabilitating are duties and work normally performed by the
Village; or
(3) An IRMA Return to Work Duty Status Form has been completed
by the treating physician.
b. Restricted duty for employees has been established within a three (3)
consecutive month time period, except where the nature of the injury
necessarily requires extending the time with authorized physician approval.
C. An employee who is deemed able by the Village's authorized physician to
return to restricted duty may be permitted to use available sick leave should
their physician restrict the employee from returning to work.
d. The Department Director will determine restricted duty tasks for each
specific employee. The following guidelines should be addressed:
(1) A duty or position will not be created for an employee;
(2) The duty or position should be meaningful work that contributes
to the mission of the Village;
(3) No employee will be moved from his A®ular job to allow an
injured employee to participate in the restricted duty program;
(4) An employee should be placed in a position consistent with his or
her physical restrictions;
(5) Restricted duty work should be compensated at the current pay
rate of the injured employee.
e. The appropriate Department Director will monitor the progress of the injured
employee on a weekly basis. The factors to be monitored include:
(1) Completion of assigned task;
(2) Medical progress;
(3) Injured employee has continued physician visits or therapy
treatments, as necessary.
f. Restricted Duty—The purpose of the restricted duty program is to
progressively move an injured worker from restricted duty status to full
working capacity. It is not a permanent accommodation of a disability.
Restricted duty is not usually appropriate when an employee has no reasonable
expectation of returning to regular duty within 90 days three (3) consecutive
month time period. The three-month time period may be extended in the
discretion of the Village if the employee is not yet at maximum medical
improvement.
Restricted duty work assignments will be aggressively pursued in
accordance with the following procedures:
1. An employee may be required, or may agree, to work in an
available restricted duty assignment, whether the injury was
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sustained on duty or off duty. The number of restricted duty
assignments available may be limited. Therefore, on-duty
injuries have priority over off-duty injuries in the placement
of duty assignments.
2. Department Directors are required to aggressively seek
restricted work duties meeting the injured employee's
medical work restrictions.. Eneh Department Dir-eetor-shall
establish a sample mstr-ieted return to wor-Ir.task listing
for-individuals with temporary physieal limitations. The
FestAeted duty assignments should be detailed listing all
. . 4. Whenever-possible, employees that have
work related tempor-a", physieal limitations will be
.gned to these r-estAeted duty assignments.
3. Employees shall serve in restricted duty assignment for as
long as they can perform productive work and are expected
to return to full duty when at maximum medical
improvement or released by a physician approved by the
Village. Employees may be removed from limited duty
assignments if appropriate work is not available, or if the
employee cannot satisfactorily perform the work assigned.
4. No full-time employee shall be moved from his/her regular job in
order to make an early-return-to-work assignment available to
another employee.
5. An employee may be required to attend training sessions, staff
meetings, seminars, or continuing education programs as deemed
necessary by the Department Director and the Village Manager as
part of a restricted return to work assignment.
6. The nature of the injury and the skills of the employee and the needs
of the department will determine what assignments are made.
(EXAMPLE: An administrative or clerical employee with a broken
arm may be able to perform restricted work that a maintenance
worker with the same type of injury is unable to do.)
7. The Village may arrange for a physician's evaluation of the
employee at any time during a restricted-return-to-work assignment.
This should be coordinated with the IRMA claims representative if
it is a workers' compensation claim. The Village may at any time,
based upon its physician's recommendation, modify the employee's
restricted duty assignment or remove the employee from restricted
duty.
8. If the injured employee refuses a restricted duty assignment consistent
with physician approved restrictions for a workers' compensation
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claim, because their personal physician does not approve the
restricted duty, Temporary Total Disability (TTD) payments may be
terminated and employee may be required to use available sick time.
9. Payment for reasonable and necessary medical treatments related to
work injuries will not be discontinued based solely on failure to report
to a restricted duty assignment. The employee has the right and may
appeal discontinuance of TTD payments to the Illinois Industrial
Commission.
10. Employees on restricted duty shall be advised that they are not
permitted,under any circumstances,to perform any work that violates
their return to work restrictions at work or on their off duty hours,
unless the Village's physician (or the employee's physician at the
Village's option)has specifically excused the employee,in writing.
from following those restrictions while off duty. If the employee's
restrictions e state "off work."with no further explanation.
e employee's off duty activities must not exceed the lowest level
of work requirements listed on the Village's standard duh, status
report or equivalent paperwork. Failure to abide by an
employee'srestrictions while the employee is off duty may
result in termination of employment.
11. Employees on restricted duty shall be evaluated on a weekly basis by
their Department Director according to the following criteria:
a. Ability to perform the restricted duty assignment.
b. Compliance with work restrictions,
c. Need for modification of restricted duty.
12. Employees who are required to have therapy as part of their
ongoing treatment while on restricted duty must schedule said
therapy with the least disruption to the department work duties.
This may require therapy to be scheduled first thing in the morning
or at the end of the workday. Employee may be required to
produce time in and out documentation from the therapy site.
C. Return to Full Duty
The ultimate goal of a return-to-work policy is to facilitate the return to previous full duty
work assignment.
The designated IRMA medical management facility should be provided with a job
description which provides a detailed description including the physical tasks required of the
employee and the physical demands necessary to complete the essential job functions
Recommendation:
The Village Board approves the Ordinance S-1620 as presented.
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