KM Unit – ART. 20: Medical Separation

ARTICLE 20 – MEDICAL SEPARATION 

A. When the University determines that an employee is unable to  satisfactorily perform the essential, assigned functions of their  position due to a disability or other medical condition and determines  that no reasonable accommodation exists without causing undue  hardship, the employee may be medically separated. 

  1. Employees separated under this Article who had attained non probationary career status are eligible for special reemployment  procedures.

  2. The University shall pay the costs of any medical examinations  required by the University. 

B. Basis for Separation 

  1. A medical separation shall be based on

  2. a) a University statement describing the essential functions the employee is unable to perform satisfactorily; and

  3. b) a written review by the University Accommodation  Consultant or other appropriate University representative  determining that no reasonable accommodation exists  without causing undue hardship; and

  4. c) any pertinent information such as medical information  provided by the employee’s health care provider or a health  care provider retained by the University.

  5. A medical separation may also be based on the employee’s  receipt of disability payments from a retirement system to which  the University contributes.

  6. An employee shall not be separated under this Article while they have accrued sick leave or while the employee is on extended  sick leave. However, an 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. 

 

C. Notices 

  1. Notice of Intent. 

Advance written notice of the intention to medically separate the  employee shall be given. The notice shall: 

  1. State the reason(s) for the medical separation;

  2. Include a copy of the materials on which the University is  basing the intended action such as documentation related to the interactive process (see B.1 above) and medical information provided by the employee’s health care provider or a health care provider retained by the University;
  3. State the essential functions which the employee is unable  to perform satisfactorily; and,

  4. State that the employee has the right to respond in person or  through a representative within fourteen (14) calendar days from the date of the notice. Such response may be oral or in writing.
  1. Notice of Separation. 

After review of the employee’s timely response, if any, the  University shall notify the employee of its determination. If it  has been determined that separation is appropriate, the employee  shall be given advance written notice of the separation date and  the employee’s right to appeal. Such notice shall be provided by  hand delivery, or by placing the notice in the U.S. Mail  addressed to the employee at the employee’s last known home  address. Proof of service shall accompany the notice. 

 

D. Special Reemployment Procedures 

For a period of one (1) year following the date of a medical  separation, a former non-probationary career employee may be  selected for a position within the bargaining unit without the  requirement that the position be posted. However, if the former  employee is receiving disability benefits from a retirement system to  which the University contributes, the period shall be three (3) years  from the date benefits commenced. 

E. Service upon Reemployment 

If a non-probationary career employee separated under this Article is  reemployed within the allowed period, a break in service shall not be  deemed to have occurred.

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