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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
posting and bidding process. Additionally, when developing an assignment,

management is not restricted to the employee’s former work location, work
schedule, or workweek and such conditions of the assignment are not

considered violations of Article 32. Once a complete mandatory alternate
duty assignment is established for the period required, the provisions of

Article 32 cover the employee while he/she is working in the assignment.
Management is expected to accommodate the employee as much as

possible and exercise sound judgment and consistency in the development
of mandatory alternate duty assignments. Agency management will discuss,

clarify and review the proposed mandatory alternate duty assignment with
the employee and will discuss any changes in that assignment that become

necessary during the course of the assignment prior to the change taking
place. It is not the intent of this policy, however, to in any way entitle an

affected employee to negotiate his/her mandatory alternate duty assignment
with agency management.

The provisions of this program including, for example, the nature of
alternate duty assignments and the review of personal hardship situations,

are appropriate subjects for labor/management discussions.
E. Expiration of Mandatory Alternate Duty Assignments

When an employee’s mandatory alternate duty assignment expires, the
employee will be found able to perform the full duties of his/her regular

position in most cases and will return to full duty. If not sufficiently

recovered, however, the employee is either returned to being covered by the
Workers’ Compensation statute (and will receive a wage replacement
benefit reflective of the employee’s level of disability) or may request a

discretionary extension of the mandatory alternate duty assignment. (See

“Extension of Mandatory Alternate Duty Assignments” below.)
Nothing in this policy abrogates management’s rights to have the
employee examined by a physician selected by management as a condition

of allowing the employee to return to full duties. In other words, the fact

that there was an initial prognosis accepted by management of ability to
perform the full duties of the employee’s regular job on a specific date does

not make return to full duty at the end of the mandatory alternate duty

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