Skip to main content

Library: Policy

OKDHS:2-15-7.1. Return to work options

Issued 9-15-07

(a) Return to original job or alternate position.  The employee's right to return to his or her original job or an alternate position expires one year from the date leave without pay (LWOP) starts.

  • (1) Release to return to work.  The treating physician must release the employee before the employee returns to work.  If the employee is released to work with restrictions, the employee and local administrator or county director, with the assistance of the Oklahoma Department of Human Services (OKDHS) Support Services Division (SSD) Risk and Safety Management Unit risk manager, develop an agreement that allows the employee to return to work in a manner that is consistent with the restrictions placed upon him or her by the treating physician.  As the employee progresses through treatment, the agreement is reviewed.  Changes to the agreement typically reflect the employee's current ability to perform the essential functions of his or her position.
  • (2) Medical restrictions.  Any employee who returns to work and fails to follow the prescribed medical restrictions is subject to discipline, up to, and including, termination.

(b) Return to work options.  The return to work options in this Section are listed in the order in which the options are given consideration.

  • (1) Return to original position.
    • (A) Without reasonable accommodation.  An employee who is released by the treating physician to return to work with no restrictions or, with restrictions that do not limit the employee's ability to perform the essential job functions of his or her position, is immediately returned to his or her original position.
    • (B) With reasonable accommodation.  In accordance with Sections 954 and 840-2.9 of Title 74 of the Oklahoma Statutes, OAC 530:10-3-2(a) of the Merit Rules, and the Americans with Disabilities Act (ADA) [42 U.S.C. § 12112], reasonable accommodation is required to permit an employee to perform essential job functions.
    • (C) With specific restrictions.  When the medical report from the treating physician releases an employee to return to work and indicates specific restrictions that are permanent in nature, the local administrator or county director:
      • (i) in consultation with the OKDHS risk manager, determines what reasonable accommodation(s) can be made to allow the employee to continue performing essential job functions; and
      • (ii) the OKDHS risk manager may consult with the treating physician, the employee, or others for suggestions regarding reasonable accommodation.
  • (2) Light duty or detail to special duty.  Light duty assignment and detail to special duty are considered when an employee is released to return to work with restrictions that are temporary in nature.
    • (A) Light duty or special duty assignment.  The goal of the light duty or special duty assignment is to permit the employee to return to work as soon as possible following a work-related illness or injury and resume the essential job functions of his or her original position when the medical restrictions expire.
    • (B) Medical statement.  Prior to being assigned a temporary assignment for light duty or detail to special duty, the employee must provide a medical statement from the treating physician indicating that the employee is released to return to work subject to specific restrictions for a specified period of time.
    • (C) Refusal of duty assignment.  If an employee refuses employment suitable to his or her capacity, OKDHS petitions the Workers' Compensation (WC) Court to terminate the employee's TTD benefits.  The employee receives notice and hearing through the WC Court.
  • (3) Temporary assignments.
    • (A) Light duty.
      • (i) For any periods of temporary restrictions less than 60 days, an employee is provided light duty assignments.  Such an assignment consists of any group of job duties that the employee is medically able to perform. The employee occupies and is paid in accordance with his or her original position.
      • (ii) At the end of the light duty assignment, the employee provides a full release from the treating physician to return to work and resumes all essential job functions of his or her original position.
    • (B) Detail to special duty.
      • (i) For any periods of temporary restrictions, an employee may be detailed to special duty for up to:
        • (I) six months in any vacant position whether or not the employee meets the minimum qualifications (MQs) for that position; or
        • (II) one year in any position which is temporarily vacant due to the absence of the incumbent and for which the employee meets the MQs for that position.
      • (ii) The employee must provide a medical report from the treating physician indicating a release to return to work with temporary restrictions.  Salary upon detail is in accordance with Merit Rule OAC 530:10-7-17 and OKDHS:2-1-2.  The employee must be returned to his or her original position prior to the expiration of the detail with a full medical release.
      • (iii) For details up to six months the workplace prepares Office of Personnel Management (OPM) Form OPM-14, Request for Personnel Action, indicating detail to special duty.
      • (iv) For details in excess of six months, the workplace must:
        • (I) ensure the employee's qualifications are certified by OPM; and
        • (II) prepare Form OPM-14 indicating detail to special duty and the position is temporarily vacant due to absence of the incumbent.

(c) First preference for return to an alternate position.

  • (1) First preference.  An employee who is unable to return to work in his or her original position, or who has not been placed in temporary assignment pending return to his or her original position, is given first preference for any alternate positions provided the:
    • (A) employee is medically able to perform the essential job functions of the alternate position;
    • (B) employee meets the MQs for the alternate position;
    • (C) alternate position is vacant;
    • (D) alternate position does not constitute a promotion for the employee; and
    • (E) employee is within the one-year start of LWOP.
  • (2) First preference process.  First preference rights are activated when the OKDHS risk manager receives a completed Form OPM 4-B, Personal Data Summary Sheet, and current medical statement from the treating physician.  The OKDHS risk manager verifies that the employee is eligible for first preference and ensures that all eligible employees are provided notifications of job postings until:
    • (A) the employee's LWOP expires; or
    • (B) a placement is made.
  • (3) Medical statement.  An employee who is placed in an alternate position through first preference must provide a medical statement from the treating physician every month until the employee is released to return to his or her original position or the right to return to the original position expires.  The right to return to the original position expires one year from the start of LWOP.
Back to Top