The program is composed of 50 selective duty slots available to participating agencies for eligible employees on a first come, first serve basis. Employing state agencies do the following:
- Secure a DAS-WC 208 from the treating physician releasing the employee to selective duty,
- Complete the required workers’ compensation selective duty form and subsequently request approval from the Department of Administrative Services to place the eligible employee in a selective duty slot.
- If, at the time of the request, all slots are in full use, the Department of Administrative Services will maintain a waiting list and assign an employee to a slot when a slot becomes available.
Selective Duty Assignment
The agencies will develop a selective duty assignment for an employee in accordance with work restrictions and considerations specified by the treating physician. Specifically:
- The selective duty assignment consists of productive work that is within the employee’s temporary restriction.
- Employees may be assigned to any work the employee is physically capable and qualified of performing as long as the work is within the bargaining unit.
- Full-time or part-time selective duty assignments can be developed.
- For full-time selective duty assignments, the employee will be compensated at a rate consistent with the employee’s normal classification level had he/she returned to regular duty after a period of absence from work due to a work related injury.
- For part-time selective duty assignments, the employee will be compensated at a rate consistent with the employee’s normal classification level at the employee’s normal hourly rate for actual hours worked.
If no selective duty slot is available under this program, the employee’s name will be placed on a waiting list. Agencies are encouraged to develop traditional selective duty placements if a slot under this program is not available.
Duration of Selective Duty Assignment
Selective duty assignments shall be established for 90 calendar days, even though the assignment may terminate anytime during the 90-day period.
Authorization to place an employee in the Selective Duty Program is granted by the Department of Administrative Services/Workers’ Compensation Unit. Note the following:
- Authorization must be received for each employee regardless if a slot is vacated due to another employee’s early termination of the selective duty assignment.
- Selective duty slots are not permanently assigned to any agency.
- As long as eligibility requirements are met, there are no restrictions on the number of times an employee may participate in the program.
- Employees, however, may only participate once for each injury.
Termination by the Employee
Once an employee participates in the program, the employee is required to complete the term of the assignment. Cessation of the term is granted only if:
- written documentation is received from the treating physician indicating that the employee cannot continue the assignment or
- that the employee can resume his/her regular duties.
Employing state agencies must promptly notify the Department of Administrative Services by telephone if the employee terminates participation in the selective duty program before the conclusion of the 90-day scheduled selective duty assignment. Written confirmation of the termination must follow the telephone notice.
Payment of Wages
The 50 selective duty slots have no salary limitations. Therefore, all employees meeting the eligibility requirements, regardless of salary level, may participate. Wage payments are as follows:
- The Department of Administrative Services will reimburse the employing state agency the employee’s earned wages, which includes base pay, premium holiday wage and any regularly scheduled weekend and shift differential earned during the selective duty work period.
- The employing state agency will pay any other compensation such as longevity, overtime earnings, bonuses/stipends and retroactive pay earned by the employee during the selective duty work period
The employing state agency compensates the employee participating in the Selective Duty Program from the agency payroll. Upon completion of the employee’s assignment, the employing state agency bills the Department of Administrative Services via a service transfer invoice for reimbursement. The Department of Administrative Services/Workers’ Compensation Unit verifies the amount before issuing the reimbursement to the agency.
Use of Accrued Leave
Employees may use accrued leave during the selective duty work period. Use of accruals will be recorded on attendance records.
Payment of accrued leave will not be included in the wage payment reimbursed to the employing state agency by the Department of Administrative Services. Therefore, any paid leave, i.e., sick, vacation and personal time, will be paid to the employee as normal earnings by the employing state agency.
The Department of Administrative Services will reimburse paid holidays occurring during the selective duty assignment period.