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Displaced Worker Policy (9.67)

Displaced Worker Policy (9.67) - Policies, Administrative, UWHC, UWHC-wide, Personnel

9.67

9.67 Displaced Worker Policy
Category: UWHC Administrative Policy Print
Policy Number: 9.67
Effective Date: May 1, 2013
Version: Revision
Section: Personnel (Hospital Administrative)


I. PURPOSE

To establish guidelines for returning to work those employees who are unable to return to their positions due to
work restrictions.

II. POLICY

The University of Wisconsin Hospital and Clinics (UWHC) is committed to assisting displaced workers with finding
an available position within UWHC.

III. PERSONS AFFECTED

For purposes of this policy, it is understood that "employees" includes all Authority employees, with the exception
of Graduate Medical Education employees. Represented employees should refer to their respective collective
bargaining agreements for information. For non-medical leaves of absence greater than three months, please refer
to Hospital Administrative Policy 9.40, Leaves of Absence, Excluding Sick, Family and Medical Leaves.

IV. PROCEDURES
A. Employees may be displaced from their position for the following reasons:
1. The employee's manager is unable to accommodate the employee's return-to-work restrictions;
2. The employee's medical prognosis provides a return to work date that is in excess of three
months;
3. The employee is unable to return to his/her job for his/her own medical reasons (whether work or
non-work related) after being off work for three months, regardless of whether they have
returned to work for short periods of time during that three months;
4. The employee has permanent restrictions that do not allow him/her to perform the essential
functions of his/her position even with reasonable accommodation; and/or
5. The employee has exhausted all available leave time for his/her own medical condition and/or the
employee is not eligible for FMLA coverage. In general, the employee will have been on leave
from work for a period of at least three months.
B. Process
1. An employee's manager will notify an Employee and Labor Relations Consultant (ELRC) or Human
Resources Consultant (HRC) in the Human Resources department (or vice versa, depending on
who first has knowledge) if there is a potential need to displace an employee. If displacement is
related to an inability to accommodate medical restrictions, the manager will identify those duties
that the employee is unable to perform based on their medical restrictions.
2. After consulting with an ELRC/HRC, the manager will contact the employee by telephone and
explain the need to displace. The manager will instruct the employee to contact Employee and
Labor Relations (ELR) or Employee Health Service (EHS) if there is a change in their medical
restrictions. The manager will provide a letter to the employee confirming the displacement. An
employee may be granted extensions depending on the prognosis for recovery, up to a maximum
leave of absence of one year. This time limit may not apply to employees claiming Worker's
Compensation injuries.
3. If an employee's work restrictions are modified or lifted, the employee should contact ELR. The
employee must also submit information from their medical provider. The "Certification of Health
Care Provider" form may be used for this purpose although it is not required. This form is
available on UConnect.
4. Once an employee has been released to return to work with permanent restrictions or no
restrictions the employee must attend a return to work evaluation with EHS. See Hospital
Administrative Policy 9.22, Fitness for Duty: Health Service Clearance to Return to
Work/Continue Work.
5. A Displaced Worker meeting will then be arranged with the employee, an ELRC/HRC, a Benefits
Specialist, and a representative from Recruitment to discuss the possible return to work and
answer any questions. The employee must bring the relevant medical information to the meeting
or provide in advance.
6. Employees are given three (3) months from the displaced worker meeting to secure a permanent
position. This time limit may not apply to employees claiming Worker's Compensation injuries.

7. An employee with restrictions that prohibit placement in any available job may be medically
separated from employment with UWHC before the end of six months depending on available
leave entitlements.
8. Displaced employees will only be considered for placement into available lateral or demotion
positions within the employee's restrictions, skills, qualifications, and abilities. The employee is
responsible for applying for promotional opportunities and will be considered for those as
appropriate.
9. Employees are required to cooperate and participate in good faith in the displaced worker
process. This includes responding to requests for information, attending displaced worker
meetings and interviews. An employee's failure to cooperate may result in an inability to find an
available position for the employee. An employee claiming Worker's Compensation injuries who
refuses to participate in the process or to accept an offer of placement may be denied Worker's
Compensation benefits and may be disciplined, up to and including termination, for failure to
participate in good faith in the displaced worker process.
10. Except as provided in paragraph 8 above (relating to employees claiming Worker's Compensation
injuries), an employee who refuses to accept an offer of placement in an available position that is
a lateral or a demotion will be given the option to either medically separate or resign from
employment.
11. If the employee is unable to be placed in an available position within three months of his/her
displaced worker meeting, the employee will have the option to voluntarily resign their
employment or be medically separated from employment. This provision may not apply to
employees claiming Worker's Compensation injuries.
VI. MODIFICATIONS

This Policy creates no rights, contractual or otherwise. Statements of policy obtained herein are not made for the
purpose of inducing any person to become or remain an employee of UWHC, and should not be considered
"promises" or as granting "property" rights. UWHC may add to, subtract from and/or modify this Policy at any time.
Nothing contained in this Policy impairs the right of a non-represented employee or UWHC to terminate the
employment relationship at-will. For represented employees, who are not at-will employees, this policy does not
supersede, limit nor grant any rights beyond those provided by the applicable collective bargaining agreement.

VII. REFERENCES

Hospital Administrative Policy 9.22, Fitness for Duty: Health Service Clearance to Return to Work/Continue Work.
Certification of Health Care Provider form

VIII. COORDINATION

Sr. Management Sponsor: Senior Vice President, Human Resources
Author: Director, Human Resources

Approval Committee: Administrative Policy and Procedure Committee

SIGNED BY


Donna Katen-Bahensky
President & CEO