Cal. Code Regs. tit. 2 § 599.779.2
When an eligible employee is medically incapable of performing the essential functions of his/her current job, or any other position in his/her current classification, the originating agency must make every reasonable effort to place the qualified injured worker in a vacant position in another classification within the agency or find the employee suitable employment with another state agency. Efforts to accommodate the employee within the agency should include, but not be limited to, altering the employee's work environment, providing specialized equipment, restructuring job duties, and training and development assignments. The originating agency's efforts to find the employee a suitable position in another agency shall include, but not be limited to, identifying vacant positions in other agencies within the same or similar location and at the same or similar salary, contacting the hiring agencies to arrange interviews and assisting the employee to prepare for the employment interview.
The originating agency shall begin the placement process as soon as the employee is determined to be a qualified injured worker, but no later than the date the employee is determined to be permanent and stationary. Such placement efforts must continue for a minimum of 90 calendar days from the date that the employee is permanent and stationary. The agency shall make every effort to assign the qualified injured worker to a vacant position that is equivalent to the former position in terms of pay and status and to work with the employee to provide the best job match. However, the agency may reassign the employee to a lower position if there are no equivalent positions for which the individual is qualified, with or without reasonable accommodation, as long as that position meets the criteria of "same or similar" salary and location. Factors such as the nature of the employee's disability and the cost of retraining the employee for the new job shall be taken into consideration when making this decision. If the employee refuses the job offer proposed by any agency, the employee shall be denied his/her rights to Industrial Disability Leave, Enhanced Industrial Disability Leave, Industrial Disability Retirement and Vocational Rehabilitation.
Cal. Code Regs. Tit. 2, § 599.779.2
2. Change without regulatory effect amending section and NOTE filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).
Note: Authority cited: Sections 19877 and 21159, Government Code. Reference: Section 19876.5, Government Code; and Section 139.5, Labor Code.
2. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).