Skip navigation

Risk Management

 

Overview

This page contains excerpts from the Risk Management Manual. The information selected will provide you with more detailed information on the policies and procedures associated with the operation of motor vehicles in connection with employment and our worker's compensation program.

 

The entire manual can be found at the following link:

Risk Management Manual

 

On This Page

Operation of Motor Vehicles in Connection with Employment

 

Workers' Compensation

Workers’ Compensation Program

Workers’ Compensation Responsibilities

Filing a Claim for Workers’ Compensation

Return-to-Work Program

Back to Top

 

Operation of Motor Vehicles in Connection with Employment

Overview

Vehicle safety is an integral part of the Risk Management Program for the University of Houston-Downtown (UHD). This aspect of risk management addresses safety concerns and risks associated with the operation of motor vehicles.  It is necessary for certain employees of UHD to operate motor vehicles in connection with travel on official state business.  At-fault automobile accidents resulting in personal injury or damage to property arising out of such travel subjects employees, the agency, and the state to liability.

 

The safety of drivers, passengers, and the public is of paramount importance, and every attempt should be made to reduce the possibility of the occurrence of an accident.  Responsibility for the prevention of accidents includes more than careful observance of traffic rules and regulations.  Drivers must drive to prevent accidents, regardless of faulty driving or non-observance of traffic laws on the part of others.

 

Policy

No employee, potential employee, student or volunteer is allowed to operate a university- owned or leased vehicle until a Motor Vehicle Report (MVR) has been completed and authorization has been obtained.

 

Motor Vehicle Record (MVR) checks are be conducted annually by Employment Services and Operations (ESO) on those employees whose jobs require driving a university-owned or leased vehicle as an essential part of their job, and on those employees who have used fleet vehicles during the previous year.

 

MVR’s may be requested more frequently on employees with accidents or moving violations reported on their MVR.

 

The standards for determining whether a person can be granted driving privileges are as follows:

Acceptable Driver

 

 

  • Valid Texas Driver’s license,

 

  • No at-fault accidents within the past three (3) year,

 

  • Fewer than two (2) moving violation convictions within the past three (3) years,

 

  • No Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) convictions within the past three (3) years,

 

  • No driving under revocation,

 

  • No involuntary manslaughter convictions;

 

  • No hit-and-run convictions; and

 

  • No felony with a vehicle conviction.

 

Probationary Driver

 

 

  • Valid Texas Driver’s license,

 

  • No more than one (1) at-fault accident within the past three (3) years; and

 

  • No more than two (2) moving violation convictions within the past three (3) years.

 

Unacceptable Driver

 

 

  • Any  conviction  for  driving  while  intoxicated  (DWI),  driving  under  the influence of drugs (DUI), driving under revocation, involuntary manslaughter, hit and run, felony with a vehicle, or vehicular homicide;

 

  • More than three (3) moving violations; or

 

  • Two (2) or more at fault accidents.

 

Drivers classified as “Probationary” are required to complete a defensive driving course within sixty (60) days of issuance of citation or within period of time required by court.

 

The cost of the defensive driving course must be paid by the employee;

 

The defensive driving course must be taken on the employee’s own time;

 

The driver must produce proof of successfully completing the defensive driving course; and

 

MVR’s will be done on the Probationary driver every six months for a period of two (2) years. .

 

Procedures

The employee, potential employee, student or volunteer completes the Security Sensitive Position Questionnaire (Exhibit A) at least 48 hours before needing to drive a university owned or leased vehicle.

 

The Security Sensitive Position Questionnaire is forwarded to Employment Services and Operations.

 

ESO is responsible for processing the background check.

 

Following the guidelines specified in the previous section entitled “Policy”, ESO will evaluate MVR reports and determine an employee, potential employee, student or volunteer as:

 

 
  • Acceptable Driver,
 
  • Probationary Driver; or
 
  • Unacceptable Driver.

 

ESO  will contact  the  supervisor  with  the  results  of  the  MVR  verification  and  file  the original MVR for one year.

 

ESO is responsible for running MVR’s every six months for a period of two (2) years on those drivers classified as “Probationary”.

 

Supervisors are responsible for assuring that “Probationary” drivers have successfully completed a defensive driving course and forwarding proof to ESO.

 

Current employees transferring to a position which requires operation of a university- owned or leased vehicle are required to complete an MVR.

 

The cost for running an MVR is charged to the department for whom the employee, potential employee, student or volunteer will be driving.

 

ESO is responsible for requesting MVR’s every August for those employees whose jobs require driving a university-owned or leased vehicle as an essential part of their job, and on those employees who have used fleet vehicles during the fiscal year.

 

References

University of Houston System Administrative Memorandum: 

 

 

 

 

 

University of Houston-Downtown Policy Statement: 

 

 

 

Other helpful links include: 

 

 

 

Back to Index

Back to Top

 

Workers' Compensation Program

 

(Claim Coordinator:Employment Services and Operations –

Compensation & Benefits Administrator)

Workers’ Compensation Helpful Resources

List of network providers

www.fortereview.com/texas.php

Network service areas

(800) 580-1314 or www.fortereview.com

Questions about the network

Forté (800) 580-1314 or www.fortereview.com

Complaints about the network

CompKey+ (800) 580-1314 or compkey@fortereview.com

Questions about a claim (State Office of Risk Management)

SORM (877) 445-0006 or www.sorm.state.tx.us

Informational videos

www.sorm.state.tx.us/Workers'_Compensation/ HCN/hcn.php

RMIS connectivity issues

jennifer.pearson@sorm.state.tx.us

Office of Injured Employee Counsel (OIEC)

866-393-6432 or http://www.oiec.state.tx.us/ 

Always free to contact SORM at (877) 445-0006 or 512-475-1440 with any network questions

 

 

UHD Contacts

Claims Coordinator (Compensation & Benefits Administrator in Employment Services and Operations)

713-221-8443   Room 910 South

Fax 713-221-2751

Environmental Health and Safety

713-221-8040  or  713-226-5526     Room 621 South

Police Department

713-221-8065     Room 118 North

 

What is Workers’ Compensation Insurance?

Workers’ Compensation laws are based upon the theory that the burden of on-the-job injuries should be shifted from the worker to the employing business, and ultimately to the consuming public, as a cost of doing business.  The intent of these laws is to protect and benefit the employee by providing prompt, simple, effective, and inexpensive relief without regard to the fault of the employer, the employee or third parties.

 

Who is Covered?

A University of Houston-Downtown employee who sustains an injury or occupational disease in the course of employment is entitled to receive compensation under the State Workers’ Compensation System.  In the case of a fatality, the deceased employee’s legal beneficiaries are entitled to benefits.

 

Generally speaking, a University employee is a person who is in the service of the university and is on the university payroll. However, the following people are not considered employees for purposes of workers’ compensation:

 

 

  • Independent contractors
 
  • Volunteers, except during a Governor-declared State of Emergency
 
  • Members of the state military forces, except while on active duty
 
  • Persons covered by federal workers’ compensation
 
  • Offenders 

 

  • Consumers or patients of a state institution or agency

 

  • .Non-employed students receiving a scholarship stipend

 

In most cases it is easy to determine if an on-the-job injury has occurred.  Some cases, however, may require further investigation.  It is not the responsibility of the Claims Coordinator or the supervisor to make this determination.  If the injured employee feels that the injury or illness is work-related, then it should be reported.  The determination of compensability is made by the State Office of Risk Management, whose decisions may be disputed before the Texas Department of Insurance – Division of Worker’s Compensation (TDI-DWC).  Supervisors may include any additional information that they feel is appropriate with the injury report. 

 

What Does it Pay For?

Medical Services Payments

 

SORM will pay only for those services or prescriptions that are determined to be reasonable and necessary and related to the injury.

 

 
  • Medical providers should bill on the prescribed forms and according to the medical fee guidelines established by the Division of Worker’s Compensation (DWC).
 

 

Income Benefits

 

 

  • Payment of compensation for time lost from work due to an on-the-job injury is made directly to the employee on a weekly basis, unless the monthly Temporary Income Benefits (TIB) election is chosen.
 
  • Only those employees who are physically unable to perform their usual job task for more than seven (7) days following the date of injury are eligible to receive weekly/monthly compensation payments.
 
  • The first seven consecutive or cumulative days following the injury date are called the waiting period and no weekly compensation payment is due for the time lost for that period. However, if an employee is off work for more than 14 calendar days, the weekly/monthly compensation for the waiting period is paid retroactively.
 
  • An injured employee may elect to use sick and/or annual leave instead of receiving lost-time benefits. While sick/annual leave is being used, lost-time benefits will not be paid.
 
  • These benefits continue until maximum medical improvement has been reached or 104 weeks have elapsed (whichever comes first).  At that time, Impairment and /or Supplemental Income Benefits may become available.  Lifetime Income Benefits and Death Benefits may also be available in some cases. 

 

Compensation Due in Fatal Cases

 

 
  • Beneficiaries of a deceased employee are due weekly compensation payments equal to a percentage of the employee’s average weekly wages subject to a maximum amount and a minimum amount established by the Texas Worker’s Compensation Act
 
  • Weekly payments to the surviving spouse are payable for life or until the spouse remarries.

 

  • Weekly payments to a child shall continue until the age of 18 or beyond such age if the child is actually dependent (disabled at time of the injury), or until 25 years of age if enrolled as a full-time student in an accredited educational institution

 

  • .All other beneficiaries (where there is neither a surviving spouse nor child) are due weekly payments for 364 weeks.

 

Back to Index

Back to Top

 

Worker’s Compensation Responsibilities

The university is required to fully cooperate with SORM to properly administer the state employee workers’ compensation program.

 

Supervisor’s Responsibilities

The supervisor has a key role in the Workers’ Compensation claim process.  The supervisor must be familiar with university policies and procedures related to worker’s compensation, including those forms for which the supervisor’s and employee’s are responsible.  Responsibilities include:

 

First Things First – Medical Attention and Notification

 

a.

Assure proper medical attention is provided for the employee should it be required.  Use the following link for:

Network Providers: www.fortereview.com/texas.php

b.

Immediately report to the Claims Coordinator (713-221-8443) any serious injury to an employee, incidents, or work-related illness or injury resulting in the death of an employee.  The ESO Compensation and Benefits Administrator serves as the Claims Coordinator for Workers’ Compensation. In addition, immediately contact the Environmental Health & Safety Manager (713-221-8040) to investigate the accident/incident to ensure needed safety processes are identified and implemented to prevent future incidents/accident from occurring. (Contact Police Dispatch at 713-221-8065 if the Claims Coordinator or the Environmental Health & Safety Manager is not available.)

 

Reports and Investigation

 

c.

Work with the Claims Coordinator to assist in completing the Employer’s First Report of Injury or Illness (DWC-1S) within 24 business hours to meet stipulated deadlines. The Claims Coordinator submits the Employer’s First Report of Injury or Illness on-line to SORM.

d.

Ensure all witnesses for the accident complete the Witness Statement(s) (SORM-74) and forwards the statements to the Claims Coordinator.

e.

Assist with the proper investigation of claims by documenting any additional information regarding the circumstances that are known or reported by coworkers. This is crucial for the denial of fraudulent claims.

f.

Work with Environmental Health & Safety (EHS) to determine actions to prevent similar accidents from reoccurring in the future.


Inform Employee(s)

 

g.

Inform employees that work status information must be provided if they lose time from work due to the work-related injury or illness.  The employee must submit a doctor’s excuse/slip/release from their treatment to cover each day off work, and call the supervisor and the Claims Coordinator weekly to give updates on work status

 

 

Supervisor’s Responsibility

 

h.

Notify the Claims Coordinator immediately upon receipt of notification that an employee has reported on-the-job injury or occupational exposure.

i.

Notify the Claims Coordinator if an employee loses time for an on-the-job injury or occupational exposure.

j.

Notify the Claims Coordinator immediately if an employee gives notice of retirement or resignation, or is terminated while on Workers’ Compensation Leave.

k.

Notify the Claims Coordinator and ADA Coordinator for assistance when modified/light duty can be provided to employees on work restriction release to work. 

 

Employee’s Responsibility

An injured employee has clear responsibilities in order to establish a claim for compensation. These include:

 

Work Related Injury/Illness Exposure Reporting and Notification

 

a.

All work related injuries, illnesses or exposures should be reported to their immediate supervisor immediately, even if there is no medical treatment or lost time anticipated.  The Employee’s Report of Injury (SORM-29) should be completed within 24 business hours and submitted to the Claims Coordinator.  No benefits can be paid until a first report of injury is received and processed by SORM.

b.

The employee is the key to ensuring his/her claim is processed properly through prompt and accurate notification to the supervisor.  Submitting notice is solely the responsibility of the employee and neither the University of Houston-Downtown nor SORM, has any legal responsibility in the matter.

c.

The injured employee is required to notify the Claims Coordinator prior to seeking non-emergency treatment for and injury, illness or exposure.

d.

If the injury is an occupational disease, the employee must report the disease no later than five (5) days after the employee knew or should have known that the disease was related to the employment.

e.

The employee should notify the Claims Coordinator when released by the doctor to return to work.  The Claims Coordinator will review and approve the release, then coordinate with the supervisor for the return to work date.

 

Medical Treatment and Reports and Notification

f.

If medical attention is necessary, the employee should seek treatment at a doctor’s office or medical facility within the Workers’ Compensation Health Care Network and request that his/her doctor file a medical report of the injury or illness promptly with SORM.  The doctor’s bills may not be paid until a report of the employee’s condition is filed with SORM.

 

If the employee seeks medical care:

 

 
  • The employee should provide the Claims Coordinator with the name and address of the health care provider(s) who has treated them.

g.

A Request for Travel Reimbursement  must be completed by the injured/ill employee for travel expense reimbursement if it becomes reasonably necessary for him or her to travel more than thirty (30) miles in order to obtain appropriate and necessary medical care. This form must be received by SORM no later than the 30th calendar day after the date of travel.

 

Lost Time Reports and Notifications

h.

Employees who are losing time must contact their immediate supervisor and the Claims Coordinator on a weekly basis.  However, they must also submit a doctor’s excuse/slip/release from their treating doctor to cover each day off work.  This contact is mandatory, failure to maintain contact with their immediate supervisor and the Claims Coordinator regarding work status could result in disciplinary action up to and including termination.

 

If lost time is anticipated, the employee must complete the  Employee’s Election Regarding Utilization of Sick and Annual Leave (SORM-80). This form provides the employee options for using all accrued sick and/or annual leave before receiving weekly compensation benefits or using only portions of accrued sick and annual leave.

i.

If the employee remains at work after an injury/illness but is absent at a later date due to the injury/illness, he or she must notify the immediate supervisor and the Benefits Coordinator at the beginning of the first day’s absence

j.

Upon returning to work, an employee must provide his/her supervisor a copy of the Physician’s Release to Work prior to resumption of normal duties.

 

Back to Index

Back to Top

 

Filing a Claim for Workers' Compensation

k.

File a claim for compensation with the Texas Department of Insurance-Division of Workers’ Compensation (TDI-DWC), no later than one year after the date of injury.  If the injury is an occupational disease, filing must take place not later than one year after the employee knew (or should have known) that the disease was related to the employment. Forms are sent to the employee directly by TDI-DWC.

l.

To qualify for workers’ compensation benefits, the law requires that an employee who claims work-related exposure to HIV infection must provide a written statement of the date and circumstances of the exposure.  According to 25 Texas Administrative Code 97.17 (b), by reference to 25 Texas Administrative Code 97.10 (a) (2), the following conditions constitute a possible exposure to HIV:  needle stick or other penetrating puncture of the skin with a used needle or other contaminated item; or either a splatter of aerosol into the eye, nose, or mouth or any significant contaminated item; or either a splatter of aerosol into the body or body fluids.  The law also requires the employee to document that, within 10 days after the exposure; the employee had a test result that indicated an absence of HIV infection (Section 85.116(c) Health and Safety Code).

 

 

Family and Medical Leave

 

m.

Family and Medical Leave is an additional option available to eligible employees for continuing insurance benefits (except disability insurance plans) and receiving the premium sharing from the state or the university toward the cost of health insurance.  In the event of lost time resulting from an on the job injury or illness, the Claims Coordinator will provide the employee with information and forms necessary to apply for Family and Medical Leave, if the employee is eligible for leave benefits. The injured employee must be employed in a position that accrues sick leave to be eligible to apply for Family and Medical Leave.  Student and temporary employees who are injured on the job or have a work related illness are not covered under Family and Medical Leave. Employees should advise their supervisor of their intent to use Family and Medical Leave

 

 

Claims Coordinator’s Responsibilities

The Claims Coordinator is required to:

 

  • Work with the supervisor to complete and process the first report of injury,
  • Notify the Environmental Health and Safety Office of an employee’s work-related injury, illness or occupational exposure,
  • Maintain frequent contact with the employee on workers’ compensation leave,
  • Serve as the liaison between an injured employee and SORM,
  • Submit the required injury reports and notices to SORM,
  • Maintain all workers’ compensation claims filed by UHD employees for at least two years after the claims become inactive,
  • Prepare personnel actions for paid/unpaid leave and return from leave,
  • Coordinate Worker’s Compensation with FMLA leave, unpaid leave, and other leave programs available to the employee,
  • Advise ERS of the employee’s leave status,
  • Coordinate the reporting of leave on timesheets for payroll purposes,
  • Provide administration of the group insurance including, premium billing, filing of disability claims, and death claims if the employee dies.
  • Clear the employee to return to work with the supervisor and approve the return to work date.
  • Provide Environmental Health and Safety Office with any additional information on the injury or illness that is received in ESO.

 

Prompt Reporting

Once an injury occurs, it is important the injury be reported to the Claims Coordinator promptly.  The Claims Coordinator works with the supervisor to remind them that early reporting of injuries is crucial to investigate the accident, evaluate the claim and manage the employee’s medical care appropriately.  Promptness ensures that proper medical care starts quickly and allows the claims adjuster to start benefits in a timely manner.  It is equally important that the Claims Coordinator reports to SORM in, a timely manner, when an injured employee returns to work. Supervisors must relay this information promptly to prevent overpayment of income benefits. Early personal contact may also help to determine the possibility of third-party liability. 

Liaison

 

The Claims Coordinator is the primary point of contact between the SORM claims adjuster and the UHD.  Upon receiving the first report of injury, the adjuster will contact the Claims Coordinator to verify the information provided and investigate the claim.

 

Claims Processing

 

The Claims Coordinator is responsible for supplying SORM with the appropriate information and forms so that their adjusters can properly process claims.  There are various forms that the Claims Coordinator must file with SORM to ensure that the adjuster can manage the claim appropriately and remain in compliance with TDI-DWC rules.  There are important time guidelines that must be adhered to when filing these forms.

Form

Review for Completeness and Submit to SORM no later than:

Supervisor's Report of Accident

(Forwarded from Supervisor within twenty-four (24) hours of the injury)

For Injury – No later than the 5th calendar day after the date of injury.

For Occupational Disease – No later than the 5th calendar day after the employee knew or should have known that the disease was related to the employment.

(Forward to Claims Coordinator and EH&S Office Representative immediately upon completion)

Employee’s Report of Injury (SORM-29)

(Forwarded from Employee within twenty-four (24) hours of the injury)

Forms are sent by Claims Coordinator to SORM within 24 hours of receipt.

(Forward to Claims Coordinator and EH&S Office Representative immediately upon completion)

Employer’s First Report of Injury or Illness (DWC-1S)

The Claims Coordinator submits the First Report of Injury or Illness on-line to SORM immediately upon receipt of the report from the supervisor. Information for the on-line submission is taken from the Supervisor Report of Accident and/or the Employee’s First Report of Injury or Illness.

Authorization for Release of Information (SORM 16)

(Signed by and forwarded from Employee within twenty-four (24) hours of the injury)

Employee Signed Form – No later than the 5th calendar day after the injury.

Witness Statement(s) (SORM-74)

No later than the 5th calendar day after the injury, and a copy to EHS Office Representative.

(Forward to Claims Coordinator and EH&S Office Representative immediately upon receipt)

Employer’s Wage Statement (DWC-3)

SORM Online Report - no later than the 5th calendar day after the injury.

Completed by the Claims Coordinator upon request by SORM.

 Employee’s Election Regarding Utilization of Sick and Annual Leave (SORM-80)

(Inform the employee of their options to use or not sick and annual leave)

No later than the 5th calendar day after the first full day of lost time

(Forward to Claims Coordinator immediately upon receipt)

 Supplemental Report of Injury (DWC Form 6)

Claims Coordinator completes and files online no later than the 3rd calendar day after the event occurred, and as requested by SORM

 

Environmental Health and Safety Office’s Responsibility

Once notified of an accident, the Environmental Health and Safety Office Representative will secure the site, if possible, and begin the investigation to determine cause and other factors that contributed to the incident/accident.  This will include:

 

  • An Interview of all witnesses and if available, the injured person
  • Pictures taken of the scene and diagrams drawn as required
  • A report of the investigation findings submitted to the Claims Coordinator and to SORM if requested

 

Based upon the investigation findings, recommendations should be made to correct or eliminate contributing factors.  A follow-up investigation should be conducted to ensure contributing factors have been corrected.

 

References

Laws and Regulations

 

 

                                                                                          

State Office of Risk Management

 

 

                                                                                     

University of Houston System Administrative Memorandum: 

 

 

 

            

University of Houston-Downtown Policy Statement: 

 

 

 

           

   Workers' Compensation Forms: 

 

 

 

 

 

 

Back to Index

Back to Top

 

Return-to-Work Program

When an injury occurs, it is incumbent upon the university to help the injured employee to return to work as soon as possible.

 

The university structures the return-to-work program around each individual case.  This program involves maintaining frequent contact with the employee and the treating doctor, to ensure that the employee is allowed to return to work without restrictions at the earliest possible time. 

Return-to-Work Provisions

The return-to-work program provides opportunities for any University of Houston-Downtown (UHD) employee covered by workers’ compensation insurance who sustains a compensable injury or illness during the course and scope of employment, to return to work at full duty. UHD does not have provisions for returning to light duty

 

If the employee is not physically capable of returning to full duty, the  employee will be granted leave time as needed for their condition to improve so that they can return to regular duty.  Assignment of any employee to a transitional position or modified regular position in accordance with the return-to-work program, including determination of the pay rate for the transitional position, requires the approval of the Vice President for Employment Services and Operations. In the case of a faculty member who is released to regular duty but because of timing may not resume normal teaching duties, ESO will work with the Department Chair to determine other administrative or non-teaching duties that the faculty member may perform until the start of the new semester.

Return-to-Work with Disabilities Provisions

This return-to-work program shall not be construed as recognition by UHD, its management, or its employees that any employee who participates in the program has a disability as defined by the Americans and Disabilities Act as Amended. If an employee sustains an injury or illness resulting in a possible disability under the Americans with Disabilities Act As Amended, it is the employee’s responsibility to inform his or her supervisor, the ADA Coordinator or an employee in a management position that a condition may be impacting his/her ability to complete his/her job functions and that a reasonable accommodation may be necessary to perform the essential functions of his/her job.

 

Prohibited Actions

The UH System complies with the Americans and Disabilities Act as Amended, which prohibits discrimination against qualified individuals with disabilities.

 

 

It is a violation of the return-to-work policy, procedures, and state or federal law for any employee, supervisor, or manager of the System to discharge or in any other manner discriminate/retaliate against an employee of this agency because the employee:

 

  • Files in good faith a workers’ compensation claim,
  • Hires a lawyer to represent the employee in a workers’ compensation claim,
  • Institutes or causes to be instituted in good faith a proceeding under the Texas Workers’ Compensation Act; or
  • Testifies or is about to testify in a proceeding under the Texas Workers’ Compensation Act.

 

Temporary Assignments

If an employee is unable to return to regular duties, the employee may request a temporary assignment. Performance of a temporary job assignment is intended to return an injured employee to work at less than his or her full duties when a compensable injury or serious medical condition prevents the employee from working full duty. Two types of temporary assignments are modified duty and alternate duty.

 

The Claims Coordinator, ADA Coordinator and supervisor will determine if work in a temporary assignment may be approved according to the following criteria:

 

1.

Modified Duty

 

Modified duty allows the employee to return to current employment in his or her regular job, and perform those duties and tasks that are within the capabilities of the employee, given the restrictions to duty imposed by the health care provider. Modified duty is a temporary arrangement until the injured employee can resume full duty

   

2.

Alternate Duty

 

Alternate duty allows the employee to temporarily perform other duties and tasks that are within the restrictions to duty imposed by the health care provider. Such alternate duty may be physically located in the same department or in some other department. Alternate duty is a temporary arrangement until the injured employee can resume the full activities of his/her regular job

 

Once the employee’s health care provider certifies that the employee can return to work, the supervisor must adhere to the employee’s medical/work restrictions.

 

Supervisors/managers are responsible for providing the Claims Coordinator with a copy of the employee’s position description with any required modifications to accommodate the temporary assignment.  An employee:

 

  • Who returns to work in a temporary assignment may be assigned to another work site within UHD, depending upon the availability of vacant positions or the limitations or abilities of the employee.
  • Will not be placed in a temporary assignment/position if such assignment would displace another current employee.
  • In a temporary assignment is responsible for providing periodic reports from his/her health care provider during the period of the temporary assignment.

 

 

Bona Fide Offer of Employment

A temporary assignment to any of the types of positions described in the previous section will be documented in a “bona fide offer of employment” letter to the employee. The bona fide offer of employment letter shall include the following information:

 

  • The type of position offered and the specific duties.
  • A statement that the agency is aware of and will abide by any physical limitations under which the health care provider has authorized the employee to return to work.
  • The maximum physical job requirements.
  • The wage rate of the job.
  • The assignment location.
  • The expected assignment duration.
  • That training will be provided, if necessary, for the position being offered.
  • The consequences of not accepting the assignment, in terms of duration and any income benefits payable under the Texas Worker’s Compensation Act, and any other relevant leave provisions. The letter is to state that the component university cannot guarantee that a position will be available should the employee fail to accept the assignment. 
  • The contact person if the employee has questions regarding the assignment, job modifications, or other relevant leave provisions.

 

The employee may accept or reject this bona fide offer of employment. The employee should be informed that rejection of the bona fide offer of employment will result in workers’ compensation temporary income benefits (if applicable) being stopped or reduced by the Workers’ Compensation Division as the state’s insurance carrier. If the employee accepts the bona fide offer of employment, then the employee shall perform the duties of the position for the term of the assignment or until the employee is able to return to full duty, whichever is sooner in the case of a temporary assignment. If the employee rejects the bona fide offer of employment, then the employee remains off work until the end of any approved leave period or until the employee is certified by the health care provider to return to full duty.

 

In the case of a temporary assignment, if the employee is unable to return to full duty by the end of the assignment period and/or by the end of the employee’s approved leave period, then the employee’s continued employment with the component university shall be considered based upon the business necessity of filling the employee’s position.

 

References

Laws and Regulations

 

 

 

                                                              

University of Houston System Administrative Memorandum: 

 

 

 

 

University of Houston-Downtown Policy Statement: 

 

 

 

 

   Workers' Compensation Forms: 

 

 

 

 

Back to Index

Back to Top

 

 

Page maintained by cookm@uhd.edu

Last updated or reviewed on 5/13/13

   Click here to print this page

Find us on Facebook   Follow us on Twitter   Read Skyline   Join us on LinkedIn   News RSS   Events RSS