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(a) Availability. The County of Summit has an Employee Assistance Program ("EAP") available to all employees and their families. Employees are encouraged to utilize the EAP for any professional or personal problems they may be experiencing.
(b) Referral. When a manager or supervisor observes a problem with an employee that is affecting job performance, and feels the employee would benefit from the EAP, a management referral may be made. Any manager or supervisor seeking to refer an employee to the EAP shall contact the HRD. All management referrals must be approved by the Director of HRD.
(c) Attendance. Any employee referred to the EAP through a management referral is required to attend all scheduled counseling sessions and complete the recommended course of treatment/follow-up. If the EAP counselor determines that a fitness for duty examination should be conducted by a licensed medical doctor, the employee shall submit to such examination. The provisions of Section 169.32 of these Ordinances, "Fitness for Duty," shall apply to such situations, including an employee's ability to submit to an examination by a licensed medical doctor of their choice should they disagree with the findings of the employer's licensed medical doctor. Failure to comply with the EAP recommendations shall result in disciplinary action up to and including termination.
(d) Discipline. Failure to meet any of the requirements of subsection (c) may result in discipline, up to and including termination.
(Ord. 2011-380. Adopted 11-7-11; Ord. 2015-269. Adopted 8-31-15.)
(a) Psychological Examination. The County of Summit has the right to require an employment related physical or psychological examination in order to:
(1) Determine an employees' ability to perform the essential functions of the position;
(2) Identify limitations or restrictions;
(3) Provide a reasonable accommodation, and/or
(4) Determine if an employee poses a significant health or safety risk to the employee or others.
(b) Administrative Leave. An employee required to obtain a fitness for duty examination shall remain off duty until such time as it has been determined that the employee is fit for duty. The employee shall be placed on paid administrative leave pending the outcome of the examination. The cost of the examination shall be the responsibility of the County. If the employee is determined to be unfit for duty, the paid leave status shall terminate.
(c) Determination of Necessity of Fitness for Duty Examination. The Director of HRD with consultation with the EAP provider if necessary, shall determine when a fitness for duty examination is warranted, and shall schedule all fitness for duty examinations with the appropriate certified medical professional. The Director of HRD shall notify the employee in writing that a fitness for duty examination is required and provide the date and time of the examination and the name and address of the medical provider. Absent extenuating circumstances, failure to attend the medical examination as scheduled will result in disciplinary action up to and including termination. The findings of the examination shall be sent directly to the Director and will be maintained in a confidential medical file.
(d) Findings; Further Review. In the event the employee disagrees with the conclusion of the Employer's licensed medical doctor, the employee may, at their own expense, submit to an examination by a licensed medical doctor of their choice in the same field of specialization as the Employer's licensed medical doctor. Within fourteen (14) calendar days of being notified that the employee has been determined to be unfit for duty, the employee must notify the Director of HRD of the intent to submit to an examination by a licensed medical doctor of their choice. The examination must take place within thirty (30) calendar days of the employee's notification to the Director of HRD. If the Employer's and the employee's licensed medical doctors agree, their decision shall be final. If the Employer's and the employee's licensed medical doctors disagree, the dispute may be referred to a neutral licensed medical doctor agreed upon by the Employer and the employee. The neutral licensed medical doctor shall be in the same field of specialization as the previous licensed medical doctors, but shall not be affiliated with either licensed medical doctor. The cost will be divided equally between the Employer and the employee. The opinion of the neutral licensed medical doctor shall be final. The employee may use sick leave or vacation during this period.
(Ord. 2011-380. Adopted 11-7-11; Ord. 2015-269. Adopted 8-31-15; Ord. 2018-236. Adopted 6-18-18.)
(a) If an employee in the classified or unclassified civil service becomes aware in the course of employment of a violation of state or federal statutes, rules, or regulations or the misuse of public resources, and the employee's supervisor or appointing authority has authority to correct the violation or misuse, the employee may file a written report identifying the violation or misuse with the supervisor or appointing authority. In addition to or instead of filing a written report with the supervisor or appointing authority, the employee may file a written report with the State of Ohio's office of internal audit created under Section 126.45 of the Ohio Revised Code or file a complaint with the State Auditor's fraud-reporting system under Section 117.103 of the Ohio Revised Code.
If the employee reasonably believes that a violation or misuse of public resources is a criminal offense, the employee, in addition to or instead of filing a written report or complaint with the supervisor, appointing authority, the State of Ohio office of internal audit, or the State Auditor's fraud-reporting system, may report it to the County Prosecutor, the Director of the Department of Law and Risk Management or to a peace officer, as defined in Section 2935.01 of the Ohio Revised Code. In addition to that report, if the employee reasonably believes the violation or misuse is also a violation of Chapter 102 of the Ohio Revised Code or Section 2921.42 or Section 2921.43 of the Ohio Revised Code, the employee may report it to the Ohio Ethics Commission.
(b) Except as otherwise provided in division (c) of this Section, no County officer or County employee in the classified or unclassified civil service shall take any disciplinary action against a County employee in the classified or unclassified civil service for making any report or filing a complaint as authorized by subsection (a) of this Section, including, without limitation, doing any of the following:
(1) Removing or suspending the employee from employment;
(2) Withholding from the employee salary increases or employee benefits to which the employee is otherwise entitled;
(3) Transferring or reassigning the employee;
(4) Denying the employee promotion that otherwise would have been received;
(5) Reducing the employee in pay or position.
(c) A County employee in the classified or unclassified civil service shall make a reasonable effort to determine the accuracy of any information reported under subsections (a) or (b) of this Section. The employee is subject to disciplinary action, including suspension or removal, as determined by the employee's appointing authority, for purposely, knowingly, or recklessly reporting false information under subsection (a) of this Section.
(d) If a County appointing authority takes any disciplinary or retaliatory action against a classified or unclassified County employee as a result of the employee's having filed a report or complaint under subsection (a) of this Section, the employee's sole and exclusive remedy, notwithstanding any other provision of law, is to file an appeal with the County of Summit Human Resource Commission within thirty days after receiving actual notice of the appointing authority's action. If the employee files such an appeal, the Commission shall immediately notify the employee's appointing authority and shall hear the appeal. The Commission may affirm or disaffirm the action of the appointing authority or may issue any other order as is appropriate. The order of the Commission is appealable in accordance with the Human Resource Commission's Rules.
(e) As used in this section:
(1) "Purposely," "knowingly," and "recklessly" have the same meanings as in Section 2901.22 of the Ohio Revised Code.
(2) "Ohio Ethics Commission" has the same meaning as in Chapter 102 of the Ohio Revised Code.
(Ord. 2015-269. Adopted 8-31-15; Ord. 2018-236. Adopted 6-18-18.)
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