The district has a long-standing commitment to and believes that it is important to retain, preserve and maintain its most valuable asset, its employees, at their most productive level. To accomplish this goal, the district has developed an early intervention transitional duty program and accommodation assessment program. This will allow all eligible employees disabled by illness or injury to return to a productive and rewarding position at the earliest appropriate time as determined by their physician. A Board resolution was passed and adopted on January 12, 2005 supporting this Return to Work Program.
The district believes that returning employees to the work environment at the earliest possible time will improve the emotional well-being of the disabled employee while accelerating the healing process.
The district's Return to Work Program complies with all applicable positions of the Americans with Disabilities Act (ADA), the U.S. Department of Labor's Employment Standards Administration, Wage and Hour Division Family, and Medical Leave Act (FMLA) for education employees, the pregnancy Disability Leave Act (PDLA), the California Family Rights Act of 1993 (CFRA), California AB 2222 (FEHA).
The Superintendent or designee shall determine, on a case-by-case basis, whether a suitable temporary position currently exists to accommodate the physical restrictions specified by the employee's medical provider.
Legal Reference:
EDUCATION CODE
44984 Required rules for industrial accident and illness leave
45192 Industrial accident and illness leave for classified employees
GOVERNMENT CODE
12900-12996 Fair Employment and Housing Act
12945.1-12945.2 California Family Rights Act
UNITED STATES CODE, TITLE 29
2601-2654 Family Care and Medical Leave Act
UNITED STATES CODE, TITLE 42
12101-12213 Americans with Disabilities Act
COURT DECISIONS
Raine v. City of Burbank, (2006) 135 Cal.App.4th 1215
Management Resources:
WEB SITES
California Department of Fair Employment and Housing: http://www.dfeh.ca.gov
Equal Employment Opportunity Commission: http://www.eeoc.gov
Policy CARLSBAD UNIFIED SCHOOL DISTRICT
adopted: July 26, 2006 Carlsbad, California
revised: December 12, 2007