Countywide Job Search and Voluntary Demotion RTW Protocol Approach

1. Countywide Job Search andVoluntary Demotion RTW Protocol Approach Chief Executive Office Risk Management Return To Work Unit

2. Topics Covered • Countywide Job Search • Purpose and Definition • Voluntary Demotion • Purpose and Definition

3. Countywide Job Search • PURPOSE and DEFINITION • To return employees to a productive work environment suitable to a position consistent with their knowledge, skills, and abilities while adhering to their work restrictions. • This process will be utilized only after all other options have been exhausted.

4. Countywide Job Search cont… • Triggers: • An employee has been found to be permanently precluded from returning to his/her Usual and Customary (U&C) position and a comparable position cannot be located within the employee’s home department.

5. Countywide Job Search cont… • What Should Occur: • The department should coordinate efforts with the Department of Human Resources in accordance with Policies, Procedures, and Guidelines (PPG 621). • A search for a position at a comparable level within the department and Countywide should be conducted before a demotion is explored either within the department or in another County department

6. Countywide Job Search cont… • The necessary documents must be completed to show synopsis of what efforts the department made to include modified/alternative placement, discussions of voluntary demotion with or without supplemental disability allowance, Work Hardening Transitional Assignment (WHTAA), or Conditional Assignment Agreement (CAA).

7. Voluntary Demotion • PURPOSE and DEFINITION • Once it has been determined that the employee is unable to return to their Usual and Customary (U&C) position and there is no “Modified/Alternative” position available within the County. • A department and Countywide job search has been conducted in accordance with the Department of Human Resources’ Policies and Procedures Guidelines (PPG 621) and no position has been identified

8. Voluntary Demotion cont… • Triggers: • The employer or employee may then request a voluntary demotion due to inability to perform their U&C position.

9. Voluntary Demotion cont… • What Should Occur: • Conduct timely Interactive Process Meetings (IPM’s) to determine the employee’s status; • Offer the employee an opportunity to share/discuss any concerns they may have; • If there are discrepancies with the employee’s medical status, the employee must follow up with the appropriate qualified health care professional for consideration in assessing his/her appropriate placement.

10. Voluntary Demotion cont… • In the Interactive Process Meeting, the following issues should be discussed: • Acknowledge that the employee has been released by their health care professional with permanent work restriction; • Compare the Essential Job Functions (EJF’s) to restrictions then make a collaborative determination of whether employee can perform the essential functions of any other positions with or without an accommodation;

11. Voluntary Demotion cont… • In the Interactive Process Meeting, the following issues should be discussed: • Determine if the employee meets the minimum requirements or has previously held any other position; • If the employee is in a contributory retirement plan (A-D), ensure the employee is aware of the supplemental disability allowance available to employees who desire to continue working even if they are disabled from their usual and customary position.

12. Voluntary Demotion cont… • Discuss Los Angeles County Employees Retirement Association’s (LACERA) Supplemental Disability Allowance with employee (in agreement with employee, explore the invitation of subject-matter expert from LACERA), if appropriate; and • Offer the employee a lower-level position in accordance with appropriate civil service rule and follow up with employee and supervisor to ensure there are no problems, and document all interactions.

13. Voluntary Demotion cont… • NOTE: • Conduct a reasonable search within the department for a comparable position and document as appropriate before utilizing PPG 621. A reasonable search should be conducted within the County before offering an employee a voluntary demotion.

14. Voluntary Demotion cont… • NOTE: • A member who is found by the LACERA Board of Retirement (BOR) to be permanently incapacitated for the performance of his/her regular job duties, but is capable of performing the duties of another County position may be eligible for Service Connected or Non Service Connected Disability Salary Supplement, however, employee may opt to accept a lower-paying County position with LACERA Salary Supplement.

15. QUESTIONS???

16. Managing Departmental Long-Term Leave (LTL) of Absence Report LACERA Contributory Plan A-D members • Civil Service Rule 9.07 and 9.08 and 9.08 (c) • Long-Term Disability approval for “Medicare”, based on Social Security Disability criteria for “Total Disability”. • California Government Code section (CGC) 31721 • LACERA Retirement Board notice that application has been suspended and decision cannot be made on the retirement application because the employee refused to cooperate as required, in the retirement process. • CGC section 31725, part of the County Employees Retirement Law of 1937, provides in part, “Permanent incapacity for the performance of duty shall in all cases be determined by the Board of Retirement”.

17. Managing Departmental Long-Term Leave (LTL) of Absence Report cont… Members Transferring from Plan E to D • LACERA Retirement Board notice that application is denied due to a determination of ineligible criteria of the following: • Service Connected Disability (work related), however employee is disabled • Non-Service Connected Disability (not work related – after a minimum of 5 years employment), however, employee is disabled • Unsuccessful Transfer from Plan E to D. • Eligible after completion of 2 continuous years of active service Or • Earn 5 years of retirement service credit under retirement Plan D Effective January 1, 2011 – Post Assembly Bill (AB) 1902.

18. Managing Departmental Long-Term Leave (LTL) of Absence Report LACERA Non-Contributory Plan E members • Civil Service Rule 9.07 and 9.08 and 9.08 (c) • Long-Term Disability approval for “Medicare”, based on Social Security Disability criteria for “Total Disability”. • Any Occupation: For Industrial and Non-Industrial (injuries/illness) cont…

19. Managing Departmental Long-Term Leave (LTL) of Absence Report (All LACERA Retirement Plan members) RELEASING AN EMPLOYEE FOR NON-MEDICAL REASONS (RELEASE FOR CAUSE THROUGH SKELLY PROCESS) • Civil Service Rules: 16.02: Leaves of absence without pay: When such leave is longer than 12 months, it must be approved by the director of personnel. 16.04: Expiration or termination of leaves of absence: The appointing power may terminate any leave of absence by written notice to the employee concerned whenever the conditions or reasons justifying the leave no longer exists. Employee may appeal the department’s decision by providing supporting documents to substantiate the continued need for the leave

20. QUESTIONS???