19 Del. Admin. Code § 2007-20.0 - RTW from STD

20.1 In accordance with 29 Del.C., § 5256(5), a contract exists between the SEBC and the SBO for the purpose of the administration of the DIP, including but not limited to determination of an individual's ability to return to work by the SBO RTWC in accordance with 29 Del.C. § 5257(a). The determination of an individual's ability to RTW by the SEBC under 29 Del.C. § 5257 has been delegated to the SBO. The SBO RTWC is responsible for evaluating DIP RTW cases, determining an individual's ability to RTW, and providing DIP RTW assistance to individuals and employing organizations for placement. Specific timeframes for eligible assistance apply and are noted in this regulation. RTW assistance may be requested by the individual or by an employing organization.

20.1.1 STD - RTW for Merit Employees

20.1.1.1 Once an employee has been released to return to work from STD, the employee will receive the following assistance: Merit employees may be placed in a vacant Merit position, for which the Merit employee qualifies, by the SBO, Department of Human Resources.

20.1.1.2 The employee must have a RTW Authorization from signed from the employee's health care provider to be permitted to return to work. Authorization forms may be obtained from the SBO RTWC or from the employing organization if a specific form is required.

20.1.1.2.1 RTW Authorizations must be submitted to the employing organization's Human Resource Benefits Office as soon as possible and before reporting to work if the employee is returning to work full time at full duty.

20.1.1.2.2 If an employee is returning to work with restrictions, or is requesting modified, alternate, or part-time work schedule, the employee must submit the documentation to the SBO RTWC and the employing organization's Human Resource Benefits Office as soon as possible and before reporting to work. Accommodations, including a part-time or modified work schedule, must be approved by the employing organization's Human Resource Benefits Office before the employee returns to work.

20.1.1.3 As part of the State of Delaware's DIP, the SBO RTWC provides return to work assistance to employees who are currently on an approved STD claim, or were previously on an approved STD claim within the past 36 months. The SBO RTWC will work with an employee's Human Resource Benefits Office, supervisor (if applicable), the employing organization's ADA coordinator (or designee), and the DIP insurance carrier or third-party administrator, to return the employee to work.

20.1.1.4 There is a Return to Work process that will be followed to assess and plan for keeping or returning an employee to work. The return to work process for all employing organizations will be as follows:

20.1.1.4.1 Same job, same employer

20.1.1.4.2 Same job with modifications, same employer

20.1.1.4.3 Same job, different employer

20.1.1.4.4 Same job with modifications, different employer

20.1.1.4.5 Different job, same employer

20.1.1.4.6 Different job, different employer

20.1.1.4.7 Retraining and Education

20.1.1.5 The employing organization's Human Resource Benefits Office is required to engage in an interactive dialogue with an employee who may be covered by the ADA and can perform the essential functions of the position with or without reasonable accommodation.

20.1.1.6 The employee is eligible to receive assistance from the SBO RTWC and the employing organization if temporary restrictions and limitations prevent an employee from performing the employee's job at full capacity. The employee will return to full duty work as soon as approved to do so by the employee's health care provider as well as with the approval of the employing organization and within the Merit Rule time frames. In accordance with Merit Rule 10.10, agencies will make temporary accommodations that will allow an employee to return to work.

20.1.1.7 If the employing organization is unable to accommodate the employee with temporary restrictions or limitations, the employing organization must notify the SBO RTWC stating the reason the accommodation cannot be granted. Employees should work closely with the SBO RTWC and the employing organization if modified duty is being requested.

20.1.1.8 When looking for options beyond the employee's own job, the SBO RTWC and employing organization will consider the employee's abilities, anticipated absence duration, training and experience. If placement cannot be accommodated, the employing organization must provide a written explanation to the SBO RTWC. If an employee's disability, illness, or injury prevents the employee from returning to the employee's previous position, the SBO RTWC can assist in finding a State of Delaware position that is within the qualifications and restrictions of the employee.

20.1.1.9 If the employing organization is unable to accommodate the employee's restrictions so that the employee may return to work, the employee may be eligible for a continuation of STD benefits up to 182 calendar days provided the employee is still unable to perform the essential duties of the employee's occupation.

20.1.1.10 If the employing organization agrees to accommodate the temporary restrictions or limitations recommended by the employee's health care provider while recovering from disability and the employee refuses to return to work, STD benefits and SBO RTWC assistance may be suspended, discontinued, or denied.

20.1.1.11 When appropriate, the SBO RTWC may refer employees to the Division of Vocational Rehabilitation when it has been determined by the employee's health care provider that the employee will no longer have the ability to perform the essential functions of the position on a permanent basis.

20.1.1.12 When assigned to a rehabilitation program, the employee is required to maintain a treatment schedule corresponding to medical restrictions and normal working hours as designed by the location.

20.1.1.13 Employing organizations may not permanently fill an employee's position while the STD claim is in an approved status.

20.1.1.14 Throughout the approved STD benefit period, employing organizations retain the right to impose disciplinary measures up to and including dismissal for just cause.

20.1.2 STD - Return to Work "RTW" for Non-Merit Employees

20.1.2.1 Once an employee has been released to return to work from STD, the employee will receive the following assistance: Non-Merit State employees, and employees from non-State employers will be placed by that employer into a vacant position within the employee's respective employing organization for which the employee qualifies.

20.1.2.2 The employee must have a RTW Authorization signed by the employee's health care provider to be permitted to return to work. Authorization forms may be obtained from the SBO RTWC or from the employing organization if a specific form is required.

20.1.2.2.1 RTW Authorizations must be submitted to the employing organization's Human Resource Benefits Office as soon as possible and before reporting to work if the employee is returning to work full time at full duty.

20.1.2.2.2 If an employee is returning to work with restrictions or is requesting modified, alternate, or a part-time work schedule, the employee must submit the documentation to the SBO RTWC and the employing organization's Human Resource Benefits Office as soon as possible and before reporting to work. Accommodations, including a part-time or modified work schedule, must be approved by the employing organization's Human Resource Benefits Office before the employee returns to work.

20.1.2.3 As part of the State of Delaware's DIP, the SBO RTWC provides return to work assistance to employees who are currently on an approved STD claim or were previously on an approved STD claim within the past 36 months. The SBO RTWC will work with an employee's Human Resource Benefits Office, supervisor (if applicable), the employing organization's ADA coordinator (or designee), and the DIP insurance carrier or third-party administrator, to return the employee to work.

20.1.2.4 The employing organization's Human Resource Benefits Office is required to engage in an interactive dialogue with an employee who may be covered by the ADA and can perform the essential functions of the position with or without reasonable accommodation.

20.1.2.5 Employing organizations should make every effort, based on organizational needs, to place temporarily disabled employees in alternate duty assignments, subject to medical restrictions.

20.1.2.6 If the employing organization is unable to accommodate the employee with temporary restrictions or limitations, the employing organization must notify the SBO RTWC stating the reason the accommodation cannot be granted. Employees should work closely with the SBO RTWC and the employing organization if modified duty is being requested.

20.1.2.7 When looking for options beyond the employee's own job, the SBO RTWC and employing organization will consider the employee's abilities, anticipated absence duration, training and experience. If placement cannot be accommodated, the employing organization must provide a written explanation to the SBO RTWC. If an employee's disability, illness, or injury prevents them from returning to the employee's previous position, the SBO RTWC can assist in finding another position within the employee's employing organization, based on the employee's qualifications and restrictions.

20.1.2.8 If the employing organization is unable to accommodate the employee's restrictions so that the employee may return to work, the employee may be eligible for a continuation of STD benefits up to 182 calendar days provided the employee is still unable to perform the essential duties of the employee's occupation.

20.1.2.9 If the employing organization agrees to accommodate the temporary restrictions or limitations recommended by the employee's health care provider while recovering from disability and the employee refuses to return to work, STD benefits and SBO RTWC assistance may be suspended, discontinued, or denied.

20.1.2.10 When appropriate, the SBO RTWC may refer employees to the Division of Vocational Rehabilitation when it has been determined by the employee's health care provider that the employee will no longer have the ability to perform the essential functions of the position on a permanent basis.

20.1.2.11 When assigned to a rehabilitation program, the employee is required to maintain a treatment schedule corresponding to medical restrictions and normal working hours as designed by the location.

20.1.2.12 Employing organizations may not permanently fill an employee's position while the STD claim is in an approved status.

20.1.2.13 Throughout the approved STD benefit period, employing organizations retain the right to impose disciplinary measures up to and including dismissal for just cause.

Notes

19 Del. Admin. Code § 2007-20.0

16 DE Reg. 1004 (03/01/13)
19 DE Reg. 78 (7/1/2015)
21 DE Reg. 234 (9/1/2017)
28 DE Reg. 57 (7/1/2024) (Final)