Countywide Job Search and Voluntary Demotion RTW Protocol Approach

Countywide Job Search andCountywide Job Search andVoluntary Demotion Voluntary Demotion RTW Protocol ApproachRTW Protocol Approach

Chief Executive Office Risk Management

Return To Work Unit

Topics CoveredTopics Covered

Countywide Job Search

Purpose and Definition

Voluntary Demotion

Purpose and Definition

Countywide Job SearchCountywide Job Search

PURPOSE and DEFINITION

To return employees to a productive work environment suitable to a position consistent with

their knowledge, skills, and abilities while adhering to their work restrictions.

This process will be utilized only after all other options have been exhausted.

Countywide Job SearchCountywide Job Search

Triggers:

An employee has been found to be permanently precluded from returning to his/her Usual and Customary (U&C) position and a comparable position

cannot be located within the employee’s home department.

cont…

Countywide Job SearchCountywide Job Searchcont…

What Should Occur:

The department should coordinate efforts with the Department of Human Resources in accordance

with Policies, Procedures, and Guidelines (PPG 621).

A search for a position at a comparable level within the department and Countywide should be conducted before

a demotion is explored either within the department or in another County department

The necessary documents must be completed to show synopsis of what efforts the department made to include modified/alternative placement, discussions of voluntary demotion with or without supplemental disability allowance, Work Hardening Transitional Assignment (WHTAA), or Conditional Assignment Agreement (CAA).

Countywide Job SearchCountywide Job Searchcont…

Voluntary DemotionVoluntary Demotion

PURPOSE and DEFINITION

Once it has been determined that the employee is unable to return to their Usual and Customary (U&C) position and there is no “Modified/Alternative” position available within the County.

A department and Countywide job search has been conducted in accordance with the Department of

Human Resources’ Policies and Procedures Guidelines

(PPG 621) and no position has been identified

Triggers:

The employer or employee may then request a voluntary demotion due to inability to perform their U&C position.

Voluntary DemotionVoluntary Demotioncont…


What Should Occur:

Conduct timely Interactive Process Meetings (IPM’s) to determine the employee’s status;

Offer the employee an opportunity to share/discuss any concerns they may have;

If there are discrepancies with the employee’s medical status, the employee must follow up with the

appropriate qualified health care professional for consideration in assessing his/her appropriate placement.


In the Interactive Process Meeting, the following issues should be discussed:

1.Acknowledge that the employee has been released by their health care professional with permanent work restriction;

2.Compare the Essential Job Functions (EJF’s) to restrictions then make a collaborative determination of whether employee can perform the essential functions of any other positions with or without an accommodation;


In the Interactive Process Meeting, the following issues should be discussed:

3.Determine if the employee meets the minimum requirements or has previously held any other position;

4.If the employee is in a contributory retirement plan (A-D), ensure the employee is aware of the supplemental disability allowance available to employees who desire to continue working even if they are disabled from their usual and customary position.


5.Discuss Los Angeles County Employees Retirement Association’s (LACERA) Supplemental Disability Allowance with employee (in agreement with employee, explore the invitation of subject-matter expert from LACERA), if appropriate; and

6.Offer the employee a lower-level position in accordance with appropriate civil service rule and follow up with employee and supervisor to ensure there are no problems, and document all interactions.

NOTE:

Conduct a reasonable search within the department for a comparable position and document as appropriate

before utilizing PPG 621. A reasonable search should be conducted within the County before offering an employee a voluntary demotion.



NOTE:

A member who is found by the LACERA Board of Retirement (BOR) to be permanently incapacitated for

the performance of his/her regular job duties, but is capable of performing the duties of another County position may be eligible for Service Connected or Non Service Connected Disability Salary Supplement, however, employee may opt to accept a lower-paying County position with LACERA Salary Supplement.

QUESTIONS???

Managing Departmental Managing Departmental Long-Term Leave (LTL) of Absence Long-Term Leave (LTL) of Absence

Report Report LACERA Contributory Plan A-D members

Civil Service Rule 9.07 and 9.08 and 9.08 (c)Long-Term Disability approval for “Medicare”, based on Social Security Disability criteria for “Total Disability”.California Government Code section (CGC) 31721LACERA Retirement Board notice that application has been suspended and decision cannot be made on the retirement application because the employee refused to cooperate as required, in the retirement process.

CGC section 31725, part of the County Employees Retirement Law of 1937, provides in part, “Permanent incapacity for the performance of duty shall in all cases be determined by the Board of Retirement”.


Report Report

Members Transferring from Plan E to D

LACERA Retirement Board notice that application is denied due to a determination of ineligible criteria of the following:1. Service Connected Disability (work related), however employee is

disabled

2. Non-Service Connected Disability (not work related – after a minimum of 5 years employment), however, employee is disabled

3. Unsuccessful Transfer from Plan E to D.

Eligible after completion of 2 continuous years of active service Or Earn 5 years of retirement service credit under retirement Plan D

Effective January 1, 2011 – Post Assembly Bill (AB) 1902.

cont…


Report Report

LACERA Non-Contributory Plan E members

Civil Service Rule 9.07 and 9.08 and 9.08 (c)

Long-Term Disability approval for “Medicare”, based on Social Security Disability criteria for “Total Disability”.

Any Occupation: For Industrial and Non-Industrial (injuries/illness)

cont…


Report Report (All LACERA Retirement Plan members)(All LACERA Retirement Plan members)

RELEASING AN EMPLOYEE FOR NON-MEDICAL REASONS(RELEASE FOR CAUSE THROUGH SKELLY PROCESS)

Civil Service Rules:

16.02: Leaves of absence without pay:

When such leave is longer than 12 months, it must be approved by the director of personnel.

16.04: Expiration or termination of leaves of absence:

The appointing power may terminate any leave of absence by written notice to the employee concerned whenever the conditions or reasons justifying the leave no longer exists.

Employee may appeal the department’s decision by providing supporting

documents to substantiate the continued need for the leave

QUESTIONS???

Documents

Countywide Job Search and Voluntary Demotion RTW Protocol Approach