Procedures P-VII-7.41-GC Procedures for UMGC Policy on Modified Duty

Eligibility for Modified Duty Resulting from Illness, Injury or Pregnancy-Related Disability

1. In an instance where an employee requests Modified Duty due to illness or injury, or requires an accommodation for a pregnancy-related disability, the employee shall be required to provide an original certificate from a medical provider which authenticates the period of illness or injury and includes:

   1. The date or dates the employee was seen by the medical provider;

   2. A diagnosis of the illness or injury;

   3. Whether the medical provider recommends that the employee not report to work, the period of time involved, and the reason the illness or injury prevents the employee from working even with reasonable accommodation;

   4. A prognosis for recovery and the estimated date when the employee shall be able to return to full duty;

   5. The medical restrictions that need to be considered when identifying a Modified Duty assignment; and

   6. The authorized signature of the following licensed or certified medical providers: Physician, Physical Therapist; Clinical Psychologist; Dentist; Optometrist; Oral Surgeon, Chiropractor, Podiatrist; Nurse Practitioner; Nurse Midwife; Physician's Assistant or an accredited Christian Science Practitioner.

2. When an employee is required to provide a certificate as described above, the employee shall submit the certificate to the Office of Accessibility Services or a designated UMGC medical officer.

3. The employee may be required to provide additional original certificate(s) at reasonable intervals based upon the nature of the illness, injury or pregnancy disability.

4. In the event that the medical restrictions listed on the original certificate prevent the employee from performing any available Modified Duty assignment, UMGC may arrange for a second medical opinion. This provision does not limit UMGC’s right under any other policy to require a second medical opinion.

Assignment to Modified Duty

1. Upon receipt of the original certificate, in conjunction with the employee's Department or Unit Head, or Chairperson, CHRO or designee shall determine whether an appropriate Modified Duty assignment exists consistent with reasonable accommodation for medical restrictions, the department's staffing needs and relevant fiscal considerations. In the event an appropriate assignment cannot be identified in the employee's department, the CHRO or designee may assign the employee to another department that has an appropriate Modified Duty assignment during this period.

2. An employee on Modified Duty shall not be assigned to perform duties of a level higher than the employee's regular Job classification.

3. Modified Duty employees may experience some temporary changes from their regular assignments in the areas of daily work hours, scheduled shifts, regular days off, and Holiday Leave.

4. Modified Duty assignments shall not alter the employees' bi-weekly salary but may affect Shift Differential pay.

5. The assignment shall be evaluated periodically, and may be adjusted based upon the employee's medical progress.

6. UMGC may, at any time, arrange for a second medical opinion by a UMGC-named physician to verify the recovering employee's need to continue modified duties.

7. If UMGC determines that an appropriate Modified Duty assignment does not exist, the employee may be placed on Paid Leave or Leave of Absence Without Pay as appropriate until such time as UMGC can identify an appropriate placement or the employee's condition improves sufficiently to allow a return to work.

8. If the employee refuses a Modified Duty assignment, Accident or Sick Leave may be terminated. The employee may be allowed to use other forms of Paid Leave, be terminated, or be placed on a Leave of Absence without Pay. Other administrative sanctions may also be applied.