Chapter 3 – Personnel, Training, and Employee Relations

31040.4.7 Limited Term Light Duty Assignment

• A LTLDA temporarily allows an employee with documented temporary medical limitation(s) or restriction(s), which affect the ability to perform one or more of the essential functions, and requires the waiver of one or more essential functions of the employee’s current classification and position, to remain working or return to work after an injury or illness. An LTLDA is intended for utilization when employees cannot be accommodated with an RA.  An LTLDA is subject to the following: 

  • An LTLDA shall not exceed 90 calendar days. Extensions will be considered case-by-case, based on a written request from the employee and supporting documentation from the employee’s health care provider.  However, in no circumstance shall an extension be granted if it would make the total duration of an LTLDA, TMWA, or any combination of the two, exceed 360 calendar days for the same injury or illness.

  • An LTLDA is not a right or entitlement, but is based on availability and operational needs.

  • An LTLDA shall be based on the employee’s medical limitation(s) or restriction(s), employee’s classification, and the needs of the Department.

  • Employees placed in an LTLDA shall maintain all mandatory professional licensure, certification, training, and qualifications appropriate to their regular-duty classification provided the professional licensure, certification, training, or qualifications are not in conflict with any documented medical limitation(s) or restriction(s).

  • An LTLDA would generally be to an assignment with limited inmate/parolee contact and less strenuous than the employee’s regular assignment.

  • It is the employee’s responsibility to provide immediate notice if restriction(s) or limitation(s) change. An LTLDA may not be authorized if the employee’s health care provider fails to specify a termination date of the limitation(s) or restriction(s).

  • The HA may request a Department-ordered Fitness for Duty Evaluation (per GCGovernment Code 19253.5) if the potential exists that the employee’s medical limitation(s) or restriction(s) may bedeemed permanent.

  • Duties and/or essential functions associated with LTLDA shall be made available to the health care provider.

  • For institutions, the HA shall establish and maintain a DOMDepartment Operations Manual Supplement.

  • The RTWCReturn To Work Coordinator and HA or designee shall work together to: (1) identify a potentialLTLDA, (2) monitor and track the duration of approved LTLDAs, and (3) document approved LTLDAs in writing to include acknowledgement between the employee, the employee’s LTLDA Supervisor and the HA or designee, utilizing the CDCRCalifornia Department of Corrections and Rehabilitation Form 3050, Limited Term Light Duty or Temporary Modified Work Assignment – Offer, (4) monitor and process extension requests timely.

  • Upon identifying the LTLDA position or post and prior to placement, the employee shall be required to sign the CDCRCalifornia Department of Corrections and Rehabilitation Form 8019, Nepotism/Fraternization Policy Acknowledgement,per DOMDepartment Operations Manual Section 33010.25.

  • Employees shall not engage in outside employment that is inconsistent with their medical limitation(s) or restriction(s).

  • Overtime is not permitted while in an LTLDA.

  • Swaps are not permitted while in an LTLDA.

  • Order of the LTLDA priority will be determined by the date and time medical substantiation describing the employee’s limitation(s) or restriction(s) is received by the Return to Work Office (email, fax, in person). Tiebreakers shall be made by state service seniority.

  • Fraud, Misuse, or Abuse: Any employee who willfully makes false statements, misrepresents circumstances, or fails to disclose material facts, shall be subject to progressive discipline up to and including termination, in addition to civil, criminal, or pension consequences.

  • Refusal by an eligible employee to accept an LTLDA may result in the employee being placed on leave status, paid by using available leave credits, and/or unpaid, if the employee has limitation(s) or restriction(s) that prevent them from performing the essential functions of their position with or without an RA. Refusal may also result in the loss of workers’ compensation wage loss benefits, such as Industrial Disability Leave, Enhanced Industrial Disability Leave, or Temporary Disability.

  • All LTLDA denials (initial or extension requests) shall be submitted to the Division of Adult Institutions Associate Director or comparable Division designee within three business days for a second level review which will include RTWSS.

  • For California Correctional Health Care Services (CCHCS), LTLDA denials (initial or extension requests) that are appealed by the employee shall be submitted to CCHCS, Disability Management and Support Services, Section Chief, within three business days for a second level review which may include CCHCS Office of Legal Affairs and/or the HA.