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Appendix VIII

Mandatory Alternate Duty Policy Memorandum of Understanding

A. Mandatory Alternate Duty Policy
As provided in the 2007-2011 negotiated Agreements between the State

and CSEA, and continued in this Agreement, employees who sustain
workers’ compensation disabilities as defined in Article 11 on or after July

1, 2008, shall receive the workers’ compensation benefit provided by law
as described in Article 11 of the Agreement. In the interest of returning

employees to duty as soon as possible and in recognition of the fact that the
statutory wage replacement benefit may be reduced in proportion to the

employee’s reduced percentage of disability as the recovery process goes
on, the State and CSEA have agreed to institute a Mandatory Alternate Duty

Program described herein.
This program is designed to assist employees in returning to work prior to

resumption of full job duties and to enable agency management to utilize
the capabilities of those employees who would otherwise be unable to return

to duty. (The term mandatory as used herein means that [a] an employee
who meets the eligibility criteria and requests a mandatory alternate duty

assignment must be offered a mandatory alternate duty assignment or the
employee must be compensated as provided below, or [b] an employee who

meets the eligibility criteria can be ordered by management to return to a
mandatory alternate duty assignment.)

B. Eligibility
To qualify for participation in the Mandatory Alternate Duty Program, an

employee must meet the following criteria:

1. be classified as partially disabled at 50 percent or less by the State
Insurance Fund (SIF); and
2. have a prognosis of full recovery (defined as the ability to perform the

full duties of the job in which the employee was injured) within 60 calendar

days (defined as 60 calendar days prior to the date of full recovery given by
the examining physician). These medical findings may occur in the course

of an examination by an SIF consulting physician, or by the employee’s
attending physician, or in connection with a management-ordered medical

evaluation. (Refer to “Medical Documentation” below).
An employee meeting these eligibility criteria may request his/her agency

to develop an alternate duty assignment. Such request can be submitted at

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