Chapter 3 – Personnel, Training, and Employee Relations

31040.4.4.4 Hiring Authority

• Each Hiring Authority (HA) shall have the responsibility to determine the appropriate course of action to follow when responding to requests for RA and providing RAs to qualified individuals with disabilities consistent with Departmental regulations and policies.  The HA shall make every effort to accommodate each employee’s individual limitation(s) or restriction(s) and consider a combination of return to work options in reaching final determinations.

• The HA shall be responsible for the oversight of the return to work functions within his or her institution, facility, or program.  The HA shall not waive the essential functions of a position to accommodate a disabled employee or provide an accommodation that creates an undue hardship as defined in Section 31040.4.3.19.  In addition, the HA, in consultation with OEW, is responsible for:

  • Reviewing the completed CDCRCalifornia Department of Corrections and Rehabilitation Form 855, Request for Reasonable Accommodation, or the documentation of the request for RA, supporting medical documentation, and the recommendations from the Return to Work Coordinator (RTWCReturn To Work Coordinator) for RA requests;

  • Making the final determination on requests for RA, medical transfers, medical demotions, medical terminations, and employer generated retirement applications;

  • Approving Limited Term Light Duty Assignments (LTLDA) or Temporary Modified Work Assignments (TMWA), consistent with regulations; and

  • Approving requests for Fitness for Duty Evaluations.