A. Question Of Ability: A question may arise about the medical ability of a merit or sworn public safety employee to continue to fulfill and carry out the duties and essential functions of the employee's job. Such a question can arise whenever evidence, information or observation exists which serves to form a reasonable suspicion about whether or not the employee is capable or able to perform his/her job duties to meet the expected performance standards and/or qualifications of his/her position and with respect to the requirements of the job.
B. Examination: Whenever a question arises about a merit or sworn public safety employee's medical ability to meet the expected performance standards and/or qualifications required in his/her job, the City reserves the right to request a medical health examination be conducted by a licensed medical practitioner of the City's choosing and at the City's expense. This medical health examination may be called for and initiated at the request of a Department Director or Division Manager and upon showing sufficient cause and evidence to support a conclusion that a reasonable suspicion exists to question the medical ability of the employee to perform the functions and tasks required to meet the standards or qualifications of the job.
C. Notification To Employee: The employee shall be notified in writing of any question about the employee's medical health and the need for a medical examination. Medical examinations shall be scheduled within a reasonable period of time. The City selected medical practitioner shall certify the results of the examination in writing and shall file a written copy of those results with the Human Resources Officer, who shall be responsible for distributing copies of same to the employee and the employee's respective Director.
D. Leave Of Absence: If the results of the examination affirm and support a conclusion that the medical health of the employee is not sufficient to meet the requirements and qualifications of the job, the employee may be placed on a leave of absence. The terms and conditions of any leave shall be subject to the family and medical leave policy of the City, as described in this manual.
E. Notice Of Medical Termination: If an employee is unable to perform the full duties and essential functions of the job due to the employee's health condition or disability, the City will send a written notice to the employee. The notice shall inform the employee that should the employee not return to full duty in the job with acceptable medical verification within thirty (30) calendar days from the date of the notice, medical termination from employment in the position shall occur. The thirty (30) day notice may be given at any time that the City believes the employee is not medically fit, and may run concurrent with the final thirty (30) days of family and medical leave, as described in this manual.
F. Applying For Available Job: If the employee cannot return to full job duty, the employee may apply for any available job for which they are qualified and medically able (by written medical evidence), subject to the established hiring procedures and applicable policies of the City.
G. Appeal: If the employee is dissatisfied with the medical determination obtained from the above procedures, the employee may file an appeal of the medical determination and the employee's termination of employment through the applicable established appeals procedures of the City. The cost of any medical evaluations obtained by the employee shall be paid by the employee. (See appeals procedures policy in this manual.) (Adm. Order 2017-2, 4-17-2017)