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FItness for Duty Policy

Introduction

Policy Statement

Employees are expected to perform the essential functions of their jobs in a safe and effective manner, and to discuss with their supervisor any circumstances that may impact their ability to do so. The University may require a Fitness for Duty Evaluation ("FFDE") conducted by an independent, licensed health care provider of an employee's physical or mental capacities to determine the employee's ability to perform essential job functions.

Applicability

This policy applies to all employees.

Policy

Notification of Fitness for Duty Concern

Supervisors, managers, Deans, or designee (hereinafter collectively "Supervisor(s)") should notify Human Resources ("HR") when they have fitness for duty concerns about an employee they supervise. Employees must notify their Supervisor or HR when not fit for duty.

Supervisors who receive reliable information or observe an employee might be unfit for duty should document the information or observations, and notify HR. After consultation with HR, the Supervisor or HR should present the concerns to the employee and allow the employee to respond.

Fitness for Duty Evaluation Request

If the University determines that a FFDE is necessary, the Supervisor should complete a FFDE Request Form and submit it to HR. The information in the FFDE Form should be shared with the employee after approval by HR.

Fitness for Duty Evaluation

The University shall request a FFDE when there is a reasonable belief based on objective information presented that an employee is (1) having observable difficulty performing essential job functions in an effective manner, or (2) posing a direct threat to the employee's own safety or the safety of others.

The FFDE should be conducted by an independent, licensed health care provider. The employee is not responsible for paying the cost of an evaluation(s). To the extent allowed by law, the University shall protect the confidentiality of the evaluation and the results.

The employee must comply with all aspects of a FFDE and evaluation procedures, including but not limited to physical examinations, neurocognitive functioning tests, drug/alcohol screenings and furnishing all requested consent and release forms to the health care provider. Non-compliance may be grounds for disciplinary action up to and including termination in accordance with relevant University policies.

An employee referred for a FFDE may be prohibited from appearing for work pending the completion of the evaluation and approval for return to work. The employee may be placed on paid administrative leave pending the completion of the FFDE. During this time, applicable leave policies and health plan benefits shall apply. The Supervisor in consultation with HR shall determine whether to allow the employee to work off-site or to represent the University in any work-related capacity.

Recommendation Following Evaluation

The results of the FFDE will be received by HR. HR will communicate to the employee and the employee's Supervisor whether the assessment indicates that the employee is fit for duty and may return to work and whether the employee may need a reasonable accommodation.

Information given to the employee's Supervisor should be limited to whether the employee may:

• return to full duty (with or without accommodation);
• return to conditional limited duty (with or without accommodation); or
• not return to full duty, in which case the employee will be referred to HR for a benefits discussion.

The University will evaluate all claims of disability and provide reasonable accommodation if a disability exists.

Return to Work

If it is determined that the employee may return to work, and an accommodation is requested, HR, in conjunction with the Supervisor, shall engage in the interactive process with the employee to determine if any reasonable accommodations should be implemented. Continued employment shall be contingent upon compliance with recommendations provided by the FFD evaluator, such as periodic testing and participation in professional counseling and treatment programs.

Compliance with Policy

Failure to comply with the requirements of this policy (including but not limited to the FFDE treatment, accommodation, authorized evaluation, and recommendation specifics set out above) may result in disciplinary action up to and including termination of the employee in accordance with relevant University policies.