1.    Policy Statement

The purpose of this policy is to ensure that each injured employee covered under workers’ compensation is provided the opportunity to remain an active and productive member of the university community. Every effort will be made to provide temporary modified duty work to those employees who sustain a workers’ compensation compensable injury or illness.

2.    Applicability

This policy applies to all University of Florida employees.  

3.    Definitions

N/A

4.    Policy Specifics

The provisions of this policy are administered by University of Florida Human Resources – Employee Relations (Employee Relations) and go into effect when an injured employee’s authorized medical care provider assigns physical restrictions to the employee and releases that employee to return to work.  The employee must be available to return to work and perform duties identified by the department that are within the restrictions established by the employee’s authorized medical care provider. Responsibility for ensuring that temporary modified duty work is provided to the injured employee rests with the appropriate Chair, Director, Dean or Vice President.

• All departments must provide temporary modified duty work to injured employees whose authorized medical care providers have assigned physical restrictions and released the employees to return to work. Employee Relations is available to assist administrators with clarifying, identifying, and assigning modified duty work in accordance with the written restrictions provided by the injured employee’s authorized medical care provider.
• If providing modified duty work is not operationally feasible, the Chair, Director, Dean or Vice President may assign the employee to a different work unit. All costs, however, remain the responsibility of the injured employee’s primary work unit.
• Injured employees must perform assigned modified duty work to the best of their ability within the restrictions established by their authorized medical care provider. Departments, however, are under no obligation to provide work to employees who fail to make a good faith effort to perform such work. Employees who refuse to perform the modified duty work assignment may jeopardize their workers’ compensation benefits and may face discipline up to and including termination.
• All modified duty work is of a temporary nature and may not exceed 90 consecutive calendar days from its initial commencement without the authorization of the Vice President for University of Florida Human Resources. The obligation to provide modified duty work ends when employees reach maximum medical improvement (MMI); when up to 90 consecutive calendar days have passed; or a modified duty work assignment is not operationally feasible. 
• Employee Relations is available to assist a department if an employee is unable to resume the essential functions of his/her regular job once MMI is assigned; at the conclusion of the modified duty work assignment, including if a department would like authorization to extend the modified duty work assignment beyond 90 consecutive calendar days; or a modified duty work assignment is not operationally feasible. 
• Absences from work due to a work-related injury or illness will count toward the employee’s Family and Medical Leave Act (FMLA) entitlement as set forth in the Act. Paid family leave under the University of Florida’s Paid Family Leave Policy is not available for use to cover time away from work due to an employee’s work-related injury.

5.    Review and Adjudication

The following is the department, office, or individual responsible for overseeing implementation of and assuring compliance with this policy. Any individual with questions about the policy should contact:

UFHR – Employee Relations
903 W. University Avenue
P.O. Box 115000
Gainesville, FL 32611
(352) 392-4940
EmployeeRelations@hr.ufl.edu or workcomp@ufl.edu    

6.    Policy Violations

Failure to comply with this policy could result in disciplinary action, up to and including termination. 

History