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Disability Benefits: Return to Work
Transitional Return to Work Program
Ohio Administrative Code 123:1-33-07
If you are capable of returning to work with temporary work restrictions as requested by your attending physician, the state, in partnership with your employing agency, may be able to place you in a transitional work program (TWP).
What Is a Transitional Work Program?
- A TWP provides the opportunity for a disabled employee to make a gradual return to work as they continue their recovery.
- The program promotes the physical conditioning and recovery of an employee with restrictions, with the ultimate goal of returning the employee to their original position.
- The TWP is mutually agreed upon by the employing agency and employee’s health care provider based upon work restrictions and available work accommodations.
What Are the Requirements for Participating in a Transitional Work Program?
- Prior to returning to work, you must provide your agency with a written release from your doctor to include:
- The number of hours you are able to work;
- Any restrictions to your work activities; and
- The expected duration of the work restrictions.
- Your agency must approve the requested work hours and/or restrictions prior to your actual return to work.
- A participation agreement should be signed by the employee, agency and committee members.
- The agreement should list the physical restrictions imposed by your doctor and the temporary work assignments.
How Long Can I Participate in a Transitional Work Program?
- TWPs are approved for up to 30 calendar days but may be extended to a maximum of 90 calendar days based on your doctor’s recommendation
- The employee will continue to receive disability leave benefits for the hours he or she is unable to work while participating in an authorized TWP
- The agency will reinstate the employee on a full-time basis to the original position once the employee’s doctor has determined that he or she is no longer disabled and has released the employee to perform the duties of their position.
- Hours worked during authorized TWP for up to 90 days shall not count toward the employee's lifetime maximum eligibility*.
*Contract exceptions for length of lifetime maximum - Attorney General Office, FOP 45, FOP 46, FOP 48; State Treasurer 55 - please refer to your contract.
Full-time Return to Work
If you are capable of returning to work without restrictions, your agency will reinstate you to your position on a full-time basis. At this time, you are no longer eligible to receive disability leave benefits.
Subsequent Disability
Ohio Administrative Code 123:10-33-08
A subsequent disability is:
- A disability that is unrelated to a previous illness, injury or condition and occurs while an employee is on an approved disability leave is considered the same claim.
- An unrelated disability that occurs after a previously approved disability is considered a new claim with a new waiting period.
- A related disability that occurs within six months of an employee's return to active work status. This is considered the same claim if the employee remains disabled and off work for at least 14* consecutive calendar days.
*Contract exceptions for length of waiting period - Attorney General, FOP 46 and FOP 48 - please refer to your contract.
- A related disability that occurs beyond six months of the employee's return to active work status is considered a new claim with a new waiting period.
- A related disability that occurs while an employee is participating in an authorized transitional work program is considered the same claim.
Time accumulated under both the original and subsequent disability periods will be added together and applied towards the maximum lifetime eligibility for disability leave benefits.
For more information, refer to Ohio Administrative Code 123:10-33-01.
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