(a) An employee who is unable to perform the essential functions of the position due to a physical or mental impairment may be placed on an involuntary disability separation under this section. An involuntary disability separation may occur when medical evidence supports the conclusion that the employee is unable to perform the essential functions of the job, with or without reasonable accommodation.
(b) Whenever an appointing authority has reason to believe that an employee is unable to perform the essential functions of the position, such appointing authority may seek to obtain medical information concerning the employee’s abilities with respect to the position. The appointing authority may seek this information from the employee’s current treating medical provider and/or require the employee to undergo a physical or psychological examination by a doctor of its own choosing.
(c) If an appointing authority seeks medical information under this rule, the employee shall sign a medical authorization allowing the appointing authority to obtain the necessary information from the doctor. Prior to any examination, the appointing authority shall provide the medical provider with information concerning the employee’s job and any concerns it has about the employee’s ability to perform the essential functions of the position. If the appointing authority requires the employee to be examined by a doctor of its choosing, the appointing authority shall pay for such examination.
(d) An employee’s refusal to participate in an examination, the unexcused failure to appear for the examination, the failure to cooperate in the process or the refusal to release the results of the examination to the appointing authority shall be considered insubordination and subject the employee to disciplinary action.
(e) If the employee is unable to perform the essential functions of the position, with or without reasonable accommodation, the appointing authority shall schedule a pre-separation conference. At this conference, the employee shall have the right to respond to the medical evidence. If the appointing authority determines that the employee is unable to perform the essential functions of the job, with or without reasonable accommodation, it shall issue an involuntary disability separation order. The appointing authority shall provide the employee with a copy of this rule at the time the employee is placed on involuntary disability separation.
(f) Involuntary disability separation is an unpaid status that may continue for up to two years after the date of separation. The employee does not earn seniority or service credit while in this status. The employee may apply for reinstatement at any time during the two year period, however, such request may not be made more often than every thirty (30) days. The employee must submit medical documentation in support of the reinstatement. The appointing authority shall review the medical documentation and make a determination as to whether reinstatement is appropriate. The appointing authority shall notify the employee of its decision within twenty (20) days of its receipt of the medical documentation. The appointing authority’s decision may be to grant reinstatement, deny reinstatement or request additional information from the employee. The employee shall be reinstated within the two year period if the medical documentation establishes that the employee can perform the essential functions of the position, with or without reasonable accommodation.
(g) The employee retains the right to be reinstated to the same or a similar position upon presentation of proper medical documentation within the two year period.
(h) An employee who is unable to perform the essential functions of the position, with or without reasonable accommodation, may request a voluntary disability separation. The appointing authority may require the employee to undergo a medical examination by a doctor of its own choosing prior to approving this request. An employee on a voluntary disability separation shall be subject to the provisions in this rule with the exception of the pre-separation hearing.
(i) An appointing authority may require the employee to undergo a physical or psychological examination by a doctor of its own choosing prior to reinstatement.
(j) An employee not reinstated within two years of the disability separation shall be considered separated from employment. (Ord. 22-110. Passed 6-13-22.)