KM Unit – ART. 20: Medical Separation

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ARTICLE 20 – MEDICAL SEPARATION

A. When the University determines that an employee is unable to satisfactorily perform the essential, assigned functions of his/her 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

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

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

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.

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

3. An employee shall not be separated under this Article while he/she has 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:

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

b. 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;

c. State the essential functions which the employee is unable to perform satisfactorily; and,

d. 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.

2. 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.