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a~ <br />Orange County Personnel Rules and Regulations Manual Issue Date: / / 20_ <br />2. During the work placement efforts, the employee <br />shall be appointed to the first suitable vacancy that <br />occurs; <br />3. If the employee accepts a position in a lower pay <br />grade than the pre-injury position, the employee's <br />pay must be adjusted, as appropriate within the <br />range of the lower pay grade. <br />4. If a position is not available that is suitable to the <br />employee's capacity, the employee shall continue <br />on workers' compensation leave until work <br />placement or separation. <br />5. Work placement efforts may be in the form of <br />referral to internal vacancies, other state or <br />municipal government vacancy listings, third parry <br />reemployment services, vocational rehabilitation, <br />etc. <br />6. Placement efforts do not preclude the separation of <br />an employee in receipt of workers' compensation <br />benefits if it is determined that the position that the <br />employee fill is a "critical" position. Separation <br />may occur at anytime in accordance with the <br />Orange County Personnel Ordinance, Article IX - <br />Separation. <br />b. Certification Required. Prior to returning to work, a Physician's <br />Certification will be required to determine an employee's fitness to <br />return to work. <br />c. Refusal of Suitable Employment - If an employee who has been <br />on workers' compensation leave, has reached maximum medical <br />improvement and is released by the treating physician to return to <br />work and refuses suitable employment in keeping with the <br />employee's capacity, the County shall request stop payment of the <br />workers' compensation benefits and implement dismissal <br />procedures. <br />7. Retaliatory Employment Discrimination Act (REDA) GS 95-240 et. seq. - <br />No employee shall be discriminated or retaliated against because the <br />employee in good faith filed or threaten to file a workers' compensation <br />claim. <br />B. Use of Leave Time by Employee on Worker Compensation Leave <br />Draft September 4, 2007 Page 4 <br />