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 3436.1 - Temporary Modified Work Assignments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Temporary
					 Modified Work Assignment (TMWA) 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 TMWA is intended for
					 utilization when employees cannot be accommodated with a reasonable accommodation or
					 a LTLDA, and provides employees the opportunity of a temporary assignment with
					 duties that meet the employee's documented medical limitation(s) or
					 restriction(s).
(b) The Hiring Authority
					 may authorize a TMWA without regard to the employee's classification or position. A
					 TMWA is only offered 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 3436.1(c).
(c) A TMWA 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 TMWA, LTLDA, or any combination of the two, exceed 360 days for the
					 same injury or illness.
(d) A TMWA is
					 not a right or entitlement, but is based on assignment availability and operational
					 needs.
(e) TMWA assignments shall be
					 made based on the employee's medical limitation(s) or restriction(s), and the needs
					 of the Department.
(f) Employees placed
					 in a TMWA 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) Employees resuming
					 regular duty shall be retrained when applicable.
(h) TMWA assignments would generally be to
					 assignments with limited inmate contact and that are less strenuous than the
					 employee's regular assignment.
(i) A
					 vacant position or post is not needed when assigning a TMWA.
(j) Probationary employees who are placed in a
					 TMWA shall be considered temporarily absent from their appointment classification
					 pursuant to California Code of Regulations, Title 2, Section
					 441.2(c) and shall be
					 subject to the probationary period extension provisions of California Code of
					 Regulations, Title 2, Section
					 321.
1. New section
						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.
2.
						Repealer 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.
3. New section 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.
4. 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.
5. 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.
6. 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.
7. Certificate of Compliance as to 5-27-2020 order, including
						amendment of subsection (j), transmitted to OAL 10-27-2020 and filed 12-10-2020;
						amendments effective 12-10-2020 pursuant to Government Code section
						11343.4(b)(3)
						(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.