1.2 An effective return to work program can benefit the affected employee by providing appropriate income during a period of job-related inability to perform regular work duties; promote quicker return to regular full work duties and pay; enhance the employee's self-image as a productive worker; and improve morale by providing for continued professional and social contact with fellow employees.

1.3 An effective return to work program can help to keep a job-related injury or illness from becoming an expensive disability claim by lowering the number of lost time days, decreasing the amount of permanent partial disability awards, reducing costs of replacing affected workers and training such replacement personnel, and reducing the incidence of fraudulent claims.

2.1 Job related injury or illness - physical harm or damage occurring to an employee because of an accident or an event compensable under the Texas Workers' Compensation Act and arising out of or in the course of the individual's employment with UHCL; or an illness caused by and arising from the same conditions and compensable under the Texas Workers' Compensation Act.

2.2 Workers' compensation claim - a property executed and reported request for indemnity, medical benefits, or death benefits filed because of a job related injury, illness, or death. The first report must be submitted to the State not later than 30 days after the accident or death, or 30 days from the date the employee or a representative knew, or should have known, that an illness might be related to the employment.

2.3 Regular assignment - the position in which the individual is regularly employed at UHCL.

2.4 RTW assignment - a properly approved return to work assignment, which may be one of the following:

Light duty assignment - the regular job with either temporarily reduced or temporarily changed hours or minimal physical restrictions which do not alter the basic function of the job;

Alternate duty assignment - a different job from the position in which the employee is regularly employed and which the employee is capable of performing on a temporary basis;

Modified assignment - a temporary assignment that consists of some of the regular job duties combined with other duties the employee is capable of performing; all functions of a modified assignment must conform to restrictions imposed by the treating physician.

2.5 Bona fide return to work offer - BFOE - a formal written offer of employment in a light duty assignment, an alternate duty assignment, or a modified assignment, for a period of not longer than six months. An official BFOE will be issued by the UHCL HR Department, essentially in the form shown as Exhibit 1.

2.6 RTW offer - a bona fide offer of employment in an RTW assignment as described in 2.5.

2.7 WCI - Workers' Compensation Insurance - a benefit program for employees of the State of Texas who experience job-related injury or illness; may include payment of temporary weekly benefits for lost time and/or medical expenses.

2.8 Lost time - any time after the first 8 hours following a job injury or discovery of a job related illness when the employee is unable to report to work as scheduled because of such injury or illness.

2.9 RTW Coordinator - the Director of Human Resources or designee

2.10 Physician's release - the lower part of the form shown as Exhibit 2, properly completed and signed by the employee's treating physician.

3.1 The University of Houston - Clear Lake provides a return to work program for eligible employees who experience job related injuries or illnesses. This program is intended to provide a continuation of meaningful, productive employment for affected individuals while maintaining the highest possible level of university service and efficiency.

3.2 The UHCL return to work program shall not be construed as recognition by the university, it's management, or its employees that any employee who participates in the program has a disability as defined by the Americans With Disabilities Act (ADA) of 1990. 3.3 An employee who is or becomes disabled under the meaning of the ADA is responsible to notify the supervisor and the ADA Coordinator of the disability. If necessary, reasonable accommodation for a disability will be pursued in compliance with the UHCL ADA policy

3.4 If an employee sustains a job related injury or illness, the employee and the supervisor are responsible to notify the UHCL HR Department of the condition in accordance with the UHCL WCI Program. The return to work program may become effective if an eligible UHCL employee is temporarily unable to return to full duty in the regular position of employment, but is able to perform other work approved by the treating physician.

3.5 If the employee is temporarily unable to perform the full duties of the regular position and an RTW assignment will benefit both the employee and the university, either the employee or the employing department may request the employee's return to work in a RTW assignment. The employee must possess the knowledge, skills, and abilities to function effectively in the RTW assignment.

3.6 The employing department will determine the availability of a return to work assignment. The compensation for the return to work assignment may be different from that for the employee's regular assignment. Compensation for a return to work assignment will be based on job content as determined by the UHCL HR Department.

3.7 If the employing department requests the employee's return to work in an RTW assignment, the UHCL HR Department will send he employee a bona fide offer of employment, including the compensation rate for the return to work position. The employee may accept or reject this RTW offer. However, rejection of such an offer may result in workers' compensation temporary income benefits (if applicable) being stopped by the Texas Workers' Compensation Commission.

3.8 If the employee accepts the RTW offer, the employee shall perform the duties of the RTW assignment for the term of the assignment or until the employee is able to return to full duty in the regular position, whichever is sooner.

3.9 If the employee rejects the bona fide offer of employment, the employee will remain off work until the situation is resolved by one of the following:

1. a. the treating physician releases the employee to return to full duty in the regular position or
2. b. with the exception of accrued vacation and compensatory time, all of the employee's approved paid leave is exhausted or
3. c. The employee is notified of no-fault dismissal in accordance with the UHCL staff discipline and dismissed policy.

3.10 The maximum length of an RTW assignment shall be six consecutive months. if the employee is unable to return to full duty in the regular assignment by the end of six consecutive months and does not have approved leave to cover additional absence, the employee's continued employment with UHCL shall be considered based on the business necessity of filling the regular position. if necessary, the employee may be released from employment with written notice of at least 15 working days. Such written notice will state that the separation is considered a no-fault dismissal and will provide information about the employee's rights to appeal the decision. A tenured faculty member may be dismissed only in accordance with the provisions stated in the Faculty Handbook.

3.11 An employee will not be placed in an RTW assignment if such assignment would place another employee or others in danger.

3.12 An employee will not be placed in an RTW assignment if such assignment would displace another current employee.

3.13 It is a violation of federal and state law, University of Houston System Policy, and UHCL policy and procedures for any employee, supervisor, or manager to discharge or in any other manner discriminate against an employee because the employee:

• files a WCI claim in good faith
• hires a lawyer to represent the employee in a WCI claim
• institutes or causes to be instituted in good faith a proceeding under the
• Texas Workers' Compensation Act or
• testifies or is about to testify in a proceeding under the Texas Workers' Compensation Act.

UHCL will consider such illegal discrimination to be grounds for disciplinary action under the appropriate faculty or staff disciplinary policy and process.

3.14 If a staff employee believes that illegal discrimination is the basis for any RTW decision affecting that employee (including a bone fide RTW offer, response to an employee's request for an RTW assignment, or no-fault dismissal) the employee may appeal a return to work decision or action by invoking the UHCL Faculty Grievance Policy, or the UHCL Non-Discrimination Policy and Grievance Procedure.

4.1 If an employee seeks medical treatment or experiences more than 8 hours of lost time because of a job related injury or illness, the employee must provide a doctor's statement before returning to work in any capacity. The doctor's statement shall specify the date the employee is released to return to work and list any work restrictions that should be observed.

4.2 If the treating physician specifies work restrictions or releases the employee to return to "light duty", a representative of the employing department will work with the RTW coordinator in the HR Department to determine if there is an appropriate RTW assignment for the affected employee in the employing department.

4.3 Compensation for an RTW assignment will be determined by the HR Department based on job content. Such compensation will not be discussed with the employee until the appropriate rate has been determined by the HR Department. In the case of a faculty member, the HR Department will provide assistance to the Senior Vice President/Provost or designee or request to determine appropriate compensation for and RTW assignment.

4.4 An employee's acceptance of an RTW offer of employment must be documented in writing and be postmarked or delivered to the UHCL HR Department within 5 working days of its receipt by the employee. Acceptance may be documented by completing, signing, and returning the RTW Assignment form. IF this form is not completed, signed, and postmarked or returned within 5 working days of its receipt by the employee, the employee will be considered to have rejected the BFOE.

4.5 Before starting work in an RTW assignment, the employee will provide the UHCL HR Department with a doctor's release to perform the essential functions of the RTW assignment. An employee in an RTW assignment is responsible for providing periodic reports from the treating physician during the period of the temporary assignment.

4.6 If an employee requests an RTW assignment under this program, the request must be made in writing and must be delivered to the UHCL HR Department within 15 working days of receiving a doctor's release to perform specific work. The UHCL RTW Coordinator is responsible for preparing the official response to an employee's request for an RTW assignment.