N.D. Admin Code 4-11-02-10 - Eligibility for reassignment

1. An employee is eligible for reassignment with the employing agency under this section if:

a. The employee was a regular employee;

b. The employee would otherwise have continued in the regular position;

c. The employee is unable to perform the essential functions of the regular position, even with reasonable accommodations, because the employee is permanently unable to return to the preinjury position pursuant to section 4-11-02-09;

d. The bureau determines that the employee has a medical condition which results in the employee being unable to return to the preinjury position;

e. The bureau determines that the employee has permanent physical restrictions due to the compensable injury and that the employee may be eligible for vocational rehabilitation benefits;

f. The bureau determines that the employee's claim is not being contested; and

g. If an employee must be completely retrained into a different capacity from the employee's employment at the time of the compensable injury, the employee, upon completion of training, may compete as an internal candidate for a position through regular procedures.

2. An employee is eligible for reassignment under this section in a full-time position if the employee's preinjury position was on a full-time basis. An employee whose preinjury position was part time, seasonal, or temporary is eligible for reassignment on the same basis as the employee's preinjury position. An employee who is eligible for reassignment on a full-time basis may be reassigned on either a full-time or part-time basis, as appropriate, based on the employee's permanent physical restrictions.

3. The employee, the employee's employing authority, and the bureau shall provide any necessary information for job development and reassignment to the personnel or administrative officer.

Notes

N.D. Admin Code 4-11-02-10

Effective March 1, 2002.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 65-04-03.1