1st Universal Review: 11/15/17-12/16/17
- DIR 415.00 Modified Duty Assignments
- DIR 210.05 Field Training Program
- DIR 210.21 Leaves of Service
- City of Portland Administrative Rule 6.05 Family Medical Leave
1. STATEMENT OF PURPOSE
1.1. The Bureau recognizes a diverse workforce is a valuable asset, and the availability of trained and experienced police officers is a critical resource. The Bureau will not assume a member is unable to continue her regular job functions solely because she is pregnant.
1.2. This policy establishes procedures to modify full-duty assignments and provide temporary alternative duty assignments to eligible sworn members when they are unable to safely perform all of the essential functions of their normal assignments.
1.3. This policy is not intended to interfere with a sworn member's rights under federal, state, or local law; or any other city administrative rule or collective bargaining agreement.
2. DIRECTIVE SPECIFIC DEFINITIONS
2.1. JOB ANALYSIS: Includes two components: (1) Job tasks within a job classification identified by the Bureau that may be performed by a member who is eligible for a modified duty assignment; and (2) a physical and/or mental capacities assessment of a modified duty assignment.
3.1. During a pregnancy, upon written recommendation of a physician, a sworn member may request a temporary modified duty assignment.
3.2. The Bureau is committed to assigning members to a modified duty assignment for reasons relating to pregnancy, whenever possible. However there may be circumstances when the Bureau must limit such assignments based on the operational and business needs of the Bureau.
3.3. The Personnel Division will be responsible for maintaining an SOP outlining the procedure for placing eligible sworn members in a modified duty assignment for reasons relating to pregnancy. The SOP will establish procedures and guidelines that meet the Bureau's current policies, operational and budget needs, and the needs of the member.
3.4. The SOP will be regularly reviewed to ensure adherence to any Bureau obligations established under federal, state and local law, city administrative rules, FPDR guidelines, collective bargaining agreements, or any other applicable city policies.
4. SWORN MEMBER RESPONSIBILITIES
4.1. A Pregnant member may request modified duty assignments through her immediate supervisor.
4.2. A member requesting a modified duty assignment will submit a statement from her health care provider verifying the pregnancy and specifying any applicable restrictions or limitations at work.
4.3. A job analysis by a qualified medical professional is required to determine if the modified duty assignment is within the member's restrictions or limitations.
4.4. If at any point during the pregnancy it becomes necessary for the member to take a leave of absence, such leave will be processed consistent with the Human Resources Administrative Rules regarding Family Medical Leave.
4.5. In all cases, members who are in a modified duty assignment for more than 14 days must be placed on a modified duty contract.
5. SUPERVISOR RESPONSIBILITIES
5.1. In the event of a request for a temporary job accommodation, reassignment or leave, the supervisor shall notify the Branch Chief through channels. The Branch Chief will forward the request to the Personnel Division who will assign the sworn member to a modified duty assignment, if available.
6. PROBATIONARY MEMBERS
6.1. This policy is applicable to non-probationary members only. For the policy regarding probationary members see DIR. 210.05 Field Training Program; DIR. 210.21 Leaves of Service and DIR. 415.00 Modified Duty Assignments.
7.1. Information regarding the request should be maintained as confidential to the extent permitted and or required by law, however this information may also be provided to appropriate Bureau personnel or medical representatives, as necessary, to comply with this policy.
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