Section 3436.1 - Temporary Modified Work Assignments(a) A Temporary Modified Work Assignment (TMWA) 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 TMWA is intended for utilization when employees cannot be accommodated with a reasonable accommodation or a LTLDA, and provides employees the opportunity of a temporary assignment with duties that meet the employee's documented medical limitation(s) or restriction(s).(b) The Hiring Authority may authorize a TMWA without regard to the employee's classification or position. A TMWA is only offered 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 3436.1(c).(c) A TMWA 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 TMWA, LTLDA, or any combination of the two, exceed 360 days for the same injury or illness.(d) A TMWA is not a right or entitlement, but is based on assignment availability and operational needs.(e) TMWA assignments shall be made based on the employee's medical limitation(s) or restriction(s), and the needs of the Department.(f) Employees placed in a TMWA 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) Employees resuming regular duty shall be retrained when applicable.(h) TMWA assignments would generally be to assignments with limited incarcerated person contact and that are less strenuous than the employee's regular assignment.(i) A vacant position or post is not needed when assigning a TMWA.(j) Probationary employees who are placed in a TMWA shall be considered temporarily absent from their appointment classification pursuant to California Code of Regulations, Title 2, Section 441.2(c) and shall be subject to the probationary period extension provisions of California Code of Regulations, Title 2, Section 321.Cal. Code Regs. Tit. 15, § 3436.1
Note: Authority cited: Sections 5054 and 5058, Penal Code. Reference: Section 5058, Penal Code.
Note: Authority cited: Sections 5054 and 5058, Penal Code. Reference: Section 5058, Penal Code.
1. New section 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.
2. Repealer 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.
3. New section 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.
4. 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.
5. 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.
6. 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.
7. Certificate of Compliance as to 5-27-2020 order, including amendment of subsection (j), transmitted to OAL 10-27-2020 and filed 12-10-2020; amendments effective 12/10/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 50).
8. Change without regulatory effect amending subsection (h) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).