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The issue of medical documentation is not reviewable under Article 34 of

the Agreement.

D. Development of Mandatory Alternate Duty Assignments
A mandatory alternate duty assignment, to constitute a valid offer, must

be reflective of the employee’s physical limitations and may involve
performance of some duties of the employee’s regular position, or some

duties of another existing position or a composite of tasks from several
positions. Through a review of past workers’ compensation experience,

agencies may be able to develop an inventory of potential alternate duty
assignments or tasks. However, agencies are expected to make every effort

to tailor any mandatory alternate duty assignment to the employee’s specific
limitations and individual capabilities.

An offer of mandatory alternate duty assignment to an employee should
include the following:

(a) description of proposed alternate duties
(b) location of assignment

(c) work hours and workweek
(d) supervisor

(e) starting date (no earlier than 60 calendar days prior to the anticipated
date of full recovery) and ending date (the anticipated date of full

recovery).
The specifications in the offer will be based on the medical documentation

accepted by management.
If an eligible employee believes that some element of the proposed

mandatory alternate duty assignment constitutes a personal hardship, he/she

may express the claim of hardship to the appropriate agency official. Such
claim of hardship will be considered by the agency official and responded
to in writing with a copy to CSEA prior to the proposed beginning date of

the mandatory alternate duty assignment or as soon thereto as possible.

This response shall be considered dispositive of the matter.
As stipulated in the Agreement, management has the authority to make

mandatory alternate duty assignments to tasks that can be performed by the
employee which may not necessarily fall within the employee’s regular

salary grade, title series or job duties and are not considered violations of
either Article 24 or Section 61.2 of the Civil Service Law. Also, such

assignments are not considered violations of Articles 44 or 45 of the
agreements since mandatory alternate duty assignments exist outside the

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