Cal. Code Regs. tit. 15 § 3436

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3436 - Limited Term Light Duty Assignments

(a) A Limited Term Light Duty Assignment (LTLDA) 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 LTLDA is intended for utilization when employees cannot be accommodated with a reasonable accommodation.

(b) A Hiring Authority may authorize a LTLDA in a budgeted position or post 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(c).

(c) A Limited Term Light Duty Assignment (LTLDA) 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 LTLDA, Temporary Modified Work Assignment (TMWA) (as defined in Section 3436.1), or any combination of the two, exceed 360 days for the same injury or illness.

(d) A LTLDA is not a right or entitlement, but is based on assignment availability and operational needs.

(e) LTLDA assignments shall be made based on the employee's medical limitation(s) or restriction(s), employee's classification, and the needs of the Department.

(f) Employees placed in a LTLDA 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) LTLDA assignments would generally be to assignments with limited incarcerated person contact and that are less strenuous than the employee's regular assignment.

Cal. Code Regs. Tit. 15, § 3436

Note: Authority cited: Sections 5054 and 5058, Penal Code. Reference: Section 5058, Penal Code.

1. New section filed 1-31-2005 as an emergency; operative 1-31-2005 (Register 2005, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-11-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-31-2005 order, including amendment of section, transmitted to OAL 6-21-2005 and filed 8-3-2005 (Register 2005, No. 31).
3. Repealer and new section and amendment of Note 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.
4. Repealer and new section 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.
5. Repealer and new subsections (a)-(b) and new subsections (c)-(g) 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.
6. 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.
7. 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.
8. 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.
9. Certificate of Compliance as to 5-27-2020 order transmitted to OAL 10-27-2020 and filed 12/10/2020 (Register 2020, No. 50).
10. Change without regulatory effect amending subsection (g) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).