California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 12.5 - Industrial Disability Retirement › Section 599.779.2 - Selection of an Appropriate Position

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When an eligible employee is medically incapable of
						performing the essential functions of his/her current job, or any other
						position in his/her current classification, the originating agency must make
						every reasonable effort to place the qualified injured worker in a vacant
						position in another classification within the agency or find the employee
						suitable employment with another state agency. Efforts to accommodate the
						employee within the agency should include, but not be limited to, altering the
						employee's work environment, providing specialized equipment, restructuring job
						duties, and training and development assignments. The originating agency's
						efforts to find the employee a suitable position in another agency shall
						include, but not be limited to, identifying vacant positions in other agencies
						within the same or similar location and at the same or similar salary,
						contacting the hiring agencies to arrange interviews and assisting the employee
						to prepare for the employment interview.
The originating agency shall begin the placement process
						as soon as the employee is determined to be a qualified injured worker, but no
						later than the date the employee is determined to be permanent and stationary.
						Such placement efforts must continue for a minimum of 90 calendar days from the
						date that the employee is permanent and stationary. The agency shall make every
						effort to assign the qualified injured worker to a vacant position that is
						equivalent to the former position in terms of pay and status and to work with
						the employee to provide the best job match. However, the agency may reassign
						the employee to a lower position if there are no equivalent positions for which
						the individual is qualified, with or without reasonable accommodation, as long
						as that position meets the criteria of "same or similar" salary and location.
						Factors such as the nature of the employee's disability and the cost of
						retraining the employee for the new job shall be taken into consideration when
						making this decision. If the employee refuses the job offer proposed by any
						agency, the employee shall be denied his/her rights to Industrial Disability
						Leave, Enhanced Industrial Disability Leave, Industrial Disability Retirement
						and Vocational Rehabilitation.
1. New
						section filed 10-20-94; operative 11-21-94 (Register 94, No. 42).
2.
						Change without regulatory effect amending section and NOTE filed 10-13-2014
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  19877 and
						  21159,
						  Government Code. Reference: Section
						  19876.5,
						  Government Code; and Section
						  139.5, Labor
						  Code.