ARTICLE 30. Medical Separation
A. General. A non-probationary employee who becomes unable to perform the essential, assigned functions of the employee’s position due to a disability, with or without accommodation, may be medically separated. An employee who is medically separated is eligible for special reemployment procedures as set forth in Section E., below. An employee in the skilled craft unit shall not be separated under this Article while the employee is drawing accrued Sick Leave or while the employee is receiving Extended Sick Leave. However, the employee may be separated for medical or other reasons if the date of separation was set prior to the commencement of Sick Leave or Extended Sick leave and if the employee is afforded all rights provided by the employee’s Retirement System.
B. Basis for Separation.
There are two circumstances in which medical separation is appropriate:
1. Medical Separation- Departmental Action. A medical separation shall be based on:
a. a written statement by the Department Head describing the essential functions the employee is not performing; and
b. a written review prepared by the Disability Manager or designee documenting that the interactive process was conducted.
2. Medical Separation- Disability Retirement. A medical separation may be based on:
a. documentation establishing the employee’s receipt of (or approval to receive) disability payments from a Retirement System to which the University contributes, such as UCRP or PERS.
C. Procedures.
A medical separation shall be effected by the department head after review by the Disability Manager and agreement by the Human Resources Director.
Prior to medical separation, the University will engage in the interactive process in accordance with the provisions of Article 31, Reasonable Accommodation. As part of the interactive process, the employee will be offered the option to explore reassignment, if appropriate. An employee medically separated under this Article is eligible for special reemployment as described in Section E.
The University may request that the employee provide documentation from the employee’s health care provider to confirm that the employee has a disability identify the employee’s functional limitations. The employee has an obligation to promptly comply with such requests. The information in this documentation may be subject to confirmation by the University. When the University determines that such confirmation is necessary, the University may require that the employee be examined by a University-appointed licensed health care provider. In such circumstances, the University will pay the costs of the examination and reimburse the employee for any reasonable out-of-pocket travel expenses incurred in connection with the examination.
D. Notices
1. Notice of Intent
An employee shall be given advance written notice of the intention to medically separate the employee. A copy of the notice of intent shall be provided to Teamsters Local 2010. The notice shall:
a. state the reason for the Medical Separation;
b. include copies of the Department Head’s statement and any other pertinent material considered; and
c. state that the employee has the right to respond in person or through an agent within eight (8) calendar days from the date of issuance of the notice of intent to medically separate.
2. Notice of Separation
After the employee’s response or eight (8) calendar days from the date of Notice of Intent to Medically Separate, whichever is sooner, the employee shall be notified in writing of the decision. If it has been determined that separation is appropriate, the employee shall be given advance written Notice of Medical Separation. A copy of the notice shall be provided to Teamsters Local 2010. The Notice shall:
a. specify the effective date of Separation; and
b. state the employee’s right to appeal.
3. Effective Date
The effective date of Separation shall be at least ten (10) calendar days from the date of issuance of Notice of Separation or eighteen (18) calendar days from date of issuance of Notice of Intention to Separate, whichever is later.
E. Special Reemployment Procedures
For a period of one year following the date of a Medical Separation, a former regular status employee may be selected for a position without the requirement that the position be publicized. However, if the former employee is receiving disability benefits from a Retirement System to which the University contributes, the period shall be three years from the date the benefits commenced.
F. Service upon Reemployment
If a regular status employee separated under this Article is reemployed in the skilled craft unit within the allowed period, a break in service does not occur.