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cooperate or provide the necessary documentation.
If, following this examination, the agency’s physician does not find the
employee eligible to participate in the Mandatory Alternate Duty Program,
the employee will be referred to the SIF for an appropriate benefit
determination.
The issue of medical documentation is not reviewable under Article 34
of the Agreement.
D. Development of Mandatory Alternate Duty Assignments
A mandatory alternate duty assignment, to constitute a valid offer, must
be reflective of the employee’s physical limitations and may involve
performance of some duties of the employee’s regular position, or some
duties of another existing position or a composite of tasks from several
positions. Through a review of past workers’ compensation experience,
agencies may be able to develop an inventory of potential alternate duty
assignments or tasks. However, agencies are expected to make every effort
to tailor any mandatory alternate duty assignment to the employee’s
specific limitations and individual capabilities.
An offer of mandatory alternate duty assignment to an employee should
include the following:
• description of proposed alternate duties
• location of assignment
• work hours and workweek
• supervisor
• starting date (no earlier than 60 calendar days prior to the anticipated
date of full recovery) and ending date (the anticipated date of full
recovery).
The specifications in the offer will be based on the medical
documentation accepted by management.
If an eligible employee believes that some element of the proposed
mandatory alternate duty assignment constitutes a personal hardship,
he/she may express the claim of hardship to the appropriate agency official.
Such claim of hardship will be considered by the agency official and
responded to in writing with a copy to CSEA prior to the proposed
beginning date of the mandatory alternate duty assignment or as soon
thereto as possible. This response shall be considered dispositive of the
matter.
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