(A) Voluntary disability separation.
(1) An employee who is unable to perform the essential job duties of his or her position due to a disabling illness, injury or condition may request a voluntary disability separation. A voluntary disability separation occurs when an employee does not dispute his or her inability to perform the essential job duties of his or her position due to disabling illness, injury or condition.
(2) Prior to approving an employee's request for a voluntary disability separation, the appointing authority may require the employee to submit to a medical or psychological examination. An employee who is granted a voluntary disability separation waives his or her right to a pre-separation hearing and to an appeal of the decision.
(3) An employee who is granted a voluntary disability separation shall retain the right to be reinstated to his or her position for three years from the date the employee is no longer in active work status due to a disabling illness, injury or condition.
(B) Involuntary disability separation.
(1) An appointing authority, with the approval of the Commission, may require an employee to submit to a medical or psychological examination. An appointing authority shall request that an employee submit to a medical or psychological examination, conducted in accordance with civil service law, prior to involuntarily separating the employee unless: the employee is hospitalized at the time the action is to be taken; or, the employee has exhausted his or her disability leave benefits.
(2) When an appointing authority has received the results of a medical or psychological examination and initially determines that an employee is incapable of performing the essential job duties of the employee's assigned position due to a disabling illness, injury or condition, the appointing authority shall institute pre-separation proceedings. Under those proceedings, a hearing shall be scheduled and advance written notice of at least 72 hours shall be provided.
(3) If the appointing authority determines, after weighing the testimony presented and the evidence admitted at the pre-separation hearing, that the employee is unable to perform his or her essential job duties, then the appointing authority shall issue, and file with the Commission, an involuntary disability separation order. An employee so separated shall have the right to appeal in writing to the Commission within ten days following the filing of the order with the Commission.
(Ord. 2001-03, passed 1-16-01)