California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 5 - Personnel › Article 4 - General Personnel Regulations › Section 3436 - Limited Term Light Duty Assignments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Limited
					 Term Light Duty Assignment (LTLDA) temporarily allows an employee with documented
					 temporary medical limitation(s) or restriction(s), that affects the ability to
					 perform one or more of the essential functions and requires the waiver of one or
					 more essential functions of the employee's current classification and position, to
					 remain working or return to work after an injury or illness. A LTLDA is intended for
					 utilization when employees cannot be accommodated with a reasonable
					 accommodation.
(b) A Hiring Authority
					 may authorize a LTLDA in a budgeted position or post as a transitional, short-term
					 program to employees who are expected to be returned to regular-duty status within
					 the time frames specified in Section
					 3436(c).
(c) A Limited Term Light Duty Assignment (LTLDA)
					 shall not exceed 90 calendar days. Extensions will be considered case-by-case, based
					 on a written request from the employee and supporting documentation from the
					 employee's health care provider. However, in no circumstance shall an extension be
					 granted if it would make the total duration of a LTLDA, Temporary Modified Work
					 Assignment (TMWA) (as defined in Section
					 3436.1), or any combination of the two,
					 exceed 360 days for the same injury or illness.
(d) A LTLDA is not a right or entitlement, but is
					 based on assignment availability and operational needs.
(e) LTLDA assignments shall be made based on the
					 employee's medical limitation(s) or restriction(s), employee's classification, and
					 the needs of the Department.
(f)
					 Employees placed in a LTLDA shall maintain all mandatory professional licensure,
					 certification, training, and qualifications appropriate to their regular-duty
					 classification provided the professional licensure, certification, training, or
					 qualifications are not in conflict with any documented medical limitation(s) or
					 restriction(s).
(g) LTLDA assignments
					 would generally be to assignments with limited inmate contact and that are less
					 strenuous than the employee's regular assignment.
1. New section
						filed 1-31-2005 as an emergency; operative 1-31-2005 (Register 2005, No. 5).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 7-11-2005 or emergency
						language will be repealed by operation of law on the following day.
2.
						Certificate of Compliance as to 1-31-2005 order, including amendment of section,
						transmitted to OAL 6-21-2005 and filed 8-3-2005 (Register 2005, No.
						31).
3. Repealer and new section and amendment of NOTE filed 3-2-2020 as
						an emergency; operative 4-1-2020 (Register 2020, No. 10). Pursuant to Penal Code
						section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 9-8-2020 or emergency
						language will be repealed by operation of law on the following day.
4.
						Repealer and new section filed 3-30-2020 as an emergency; operative 4-1-2020
						(Register 2020, No. 14). A Certificate of Compliance must be transmitted to OAL by
						9-28-2020 or emergency language will be repealed by operation of law on the
						following day.
5. Repealer and new subsections (a)-(b) and new
						subsections (c)-(g) filed 5-27-2020 as an emergency; operative 6-1-2020 (Register
						2020, No. 22). Pursuant to Penal Code section
						5058.3 and Executive
						Order N-40-20, a Certificate of Compliance must be transmitted to OAL by 1-7-2021 or
						emergency language will be repealed by operation of law on the following
						day.
6. Emergency filed 3-2-2020 and operative 4-1-2020 extended 60 days
						pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive
						Order N-66-20 (Register 2020, No. 48). A Certificate of Compliance must be
						transmitted to OAL by 1-8-2021 or emergency language will be repealed by operation
						of law on the following day.
7. Emergency filed 3-20-2020 and operative
						4-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60
						days pursuant to Executive Order N-71-20 (Register 2020, No. 48). A Certificate of
						Compliance must be transmitted to OAL by 1-26-2021 or emergency language will be
						repealed by operation of law on the following day.
8. Emergency filed
						5-27-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order
						N-40-20 and an additional 60 days pursuant to Executive Order N-71-20 (Register
						2020, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or
						emergency language will be repealed by operation of law on the following
						day.
9. Certificate of Compliance as to 5-27-2020 order transmitted to
						OAL 10-27-2020 and filed 12-10-2020 (Register 2020, No. 50).
Note: Authority cited: Sections
						  5054 and
						  5058, Penal Code.
						  Reference: Section
						  5058, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.