For employees with filed workers’ compensation claims, for whom medical documentation permanently disables the employee from ever returning to their job classification in state government, the workers’ compensation third party claim administration (TPA) company will provide notice of such to the employing state agency.
If the agency has not already done so, receipt of the TPA notification should trigger the employing state agency to:
- assess whether the employee qualifies as disabled under the Americans with Disabilities Act or the Connecticut Fair Employment Practices Act, and if so,
- whether the employee could perform his or her job classification with reasonable accommodations and without undue hardship on the agency.
As part of this accommodation process, the employing state agency must also consider whether it would be a reasonable accommodation and would not cause undue hardship, to transfer the employee to a vacant position for which he or she is qualified within the agency (i.e. the agency’s less arduous duty search).
Less Arduous Duty Search
The employing state agency, upon completion of the accommodation analysis, will submit a Less Arduous Duty (LAD) search request to the Department of Administrative Services (DAS) Statewide Human Resources.
- DAS will execute a statewide LAD job search and communicate the results to the employing state agency.
- The employing state agency, based on the LAD results, will coordinate a transfer to other state employment or a separation in good standing.