Overview
The objective of the Early Return to Work Program (RTW) is to return Texas A&M University employees to safe and productive work as soon as medically possible following an injury or illness. The RTW program applies to eligible Texas A&M employees who experience injuries or illnesses that are both work- and non-work-related. This program is part of System Regulation 24.01.02: Workers' Compensation Insurance Program.
Employer Responsibilities
Departments are obligated to attempt in good faith to provide a meaningful temporary work assignment (TWA) which corresponds with the employee's knowledge, skills, and physical capabilities within the limitations specified by the employee's physician. Supervisors are not required to create work or to return an employee who has had an injury/illness if there is no appropriate work available.
Benefits of the Early Return to Work Program
Early return to work following an injury or illness is beneficial to both Texas A&M University and the affected employee. Those benefits include, among others:
- Benefit to Employees
- Employees will remain active and productive;
- Employees experience less disruption to their personal and professional lives;
- Pre-injury/illness benefits will be maintained; and
- Contact and support from co-workers will be maintained.
- Benefit to Texas A&M University
- Employee productivity is maintained;
- Expenses for hiring, training, and/or replacing the injured employee's position are reduced; and
- Workers' Compensation costs, if applicable, are reduced when injured employees safely return to work.
General Information
- An employee's participation in the RTW Program is limited to 45 calendar days for each injury or illness.
- Employees may decline to participate in the RTW program; however, employees who decline a temporary work assignment while receiving wage replacement benefits from a compensable Workers' Compensation injury may be subject to discontinuance of those benefits.
- Supervisors should contact Employee Relations at (979) 862-4027 or Employee-Relations@tamu.edu if the injured employee's circumstances warrant a review of the Americans With Disabilities Act.
- The Early Return to Work Program and FMLA Leave
- Employees who are covered under the FMLA may choose to use eligible FMLA leave rather than participate in the RTW Program.
- Employees who are eligible for FMLA leave and accept a TWA with reduced hours will have the time away from work coded as FMLA leave where appropriate.
Early Return to Work Process
- When an employee experiences an injury/illness:
- When the employee provides medical documentation indicating they have been released to work by the treating physician with temporary restrictions, the supervisor/department representative will determine if there is a temporary work assignment (TWA) the employee may perform.
- If able to identify a TWA, the supervisor/department representative will prepare a Bona Fide Offer of Employment (BOE).
- If unable to identify a TWA, the supervisor/department representative will give the employee a Notice of inability to Identify a TWA form.
- Supervisors/department representatives may consider different work locations as a temporary work assignment. An employee who meets the eligibility criteria outlined in section 2 of Texas A&M University Standard Administrative Procedure (SAP) 33.06.01.M0.01: Alternate Work Location may request the opportunity to work at an alternate work location (AWL). Forms and procedures outlined in the AWL SAP will be followed in the event an employee requests an AWL.
Note: An employee who is eligible for FMLA may elect to refuse the BOE. Please contact Benefit Services at (979) 862-1718 if an employee who is not eligible for FMLA leave refuses a BOE.
Early Return to Work Forms
- Bona Fide Offer of Employment (BOE)
The Bona Fide Offer of Employment form (BOE) is based on a Temporary Work Assignment (TWA) which has been identified by the supervisor/department representative for the employee who is returning to work from an injury or illness. The BOE must describe work that can be performed under the restrictions indicated by the employee's treating physician. The form must be signed by the employee before the employee returns to work.
- Notice of Inability to Identify a TWA
This form is given to the employee if the supervisor/department representative is unable to identify work with tasks in line with the restrictions described by the employee's treating physician.
- Work Status Report Form (for non-work-related injuries)
The employee will provide this form to the treating physician for those injuries that are not work related.
Resources