POL - 80.05.1 Fitness for Work and Readiness Policy

1.  Purpose

This Policy establishes the University’s expectation that employees are able to perform their Essential Job Functions, safely, effectively and in a manner that does not pose a risk to themselves, others or University operations. The University may require an employee to undergo a Fitness for Work and Readiness Evaluation when it is job-related and consistent with business necessity. An Evaluation is considered job-related and consistent with business necessity when the University has a reasonable belief, based on objective evidence that:

1.1. the employee’s ability to perform Essential Job Functions is impaired, or will be impaired by a medical condition in a manner that may compromise the safety of the employee and other employees; or

1.2 the employee poses or will pose a direct threat to themselves, others, or property, due to a medical condition. Employees determined not to be fit and ready for work may be placed on leave in accordance with the applicable University leave policy or may be subject to separation from employment.

2. Scope 

This policy applies to all University employees, including SHRA, EHRA faculty and EPS non-faculty employees.

3.  Definitions

3.1 Fitness for Work and Readiness: An employee’s ability to perform work-related duties in a manner that is safe for the employee and other employees.

3.2 Direct Threat: A significant risk of substantial harm that cannot be eliminated or reduced by a Reasonable Accommodation. After the University has determined there is a Reasonable Belief that an Employee will pose a Direct Threat due to a Medical Condition, a licensed health care provider will consider the following factors: (1) the duration of the risk; (2) the nature and severity of the potential harm; (3) the likelihood that potential harm will occur; and (4) the imminence of the potential harm. Direct Threat determinations must be based on an individualized assessment of the Employee’s present ability to safely perform the Essential Job Functions, considering a reasonable medical judgment relying on the most current medical knowledge and/or best available objective evidence.

3.3 Employee: All faculty and staff employed by the University, in a permanent position, whether full-time or part-time.

3.4 Essential Job Functions: The fundamental duties of the position or the primary reasons the position exists. Essential Job Functions should be determined primarily by the official job description and operational needs of the University. For all jobs at the University, regular attendance, ability to work without disruption to the workplace, and ability to comply with applicable conduct standards are Essential Job Functions.

3.5 Fitness for Work and Readiness Evaluation: Medical examination or testing of an Employee, conducted by a licensed health care provider, to determine whether the Employee’s ability to perform their Essential Job Functions is impaired by a medical condition or whether the Employee poses a Direct Threat due to a medical condition. Fitness for Duty Evaluations will be conducted after the University determines that there is a Reasonable Belief that the Employee is or will be unable to perform their Essential Job Functions or will pose a Direct Threat due to a Medical Condition.

3.6 Medical Condition: Any mental or physical impairment. Substance Use Disorders, including drug or alcohol addiction, may be Medical Conditions under this Policy. Casual or irregular drug use is not a Medical Condition.

3.7 Substance Use Disorder: A diagnosed illness in which the recurrent use of alcohol and/or drugs causes clinically significant impairment. The University prohibits the use of illegal drugs or alcohol in the workplace and may address such use through disciplinary action rather than under this Policy. Employees who engage in such use and who have a Substance Use Disorder may, in the University’s discretion, be referred to for a Fitness for Duty Evaluation instead of or in conjunction with any appropriate discipline under the relevant University policies.

3.8 Last Chance Agreement: An agreement by the University not to terminate an Employee with a Substance Use Disorder in exchange for the Employee’s agreement to receive substance abuse treatment, refrain from further use of alcohol or drugs, and avoid further workplace problems. Last Chance Agreements may include provisions requiring periodic drug or alcohol testing and/or provision of periodic status reports from a healthcare provider. Last Chance Agreements may also include a provision requiring the Employee to release any claims against the University related to termination for failure to comply with the terms of the Agreement. Nothing in this Policy prevents similar agreements for performance or conduct issues arising out of a Medical Condition.

3.9 Reasonable Belief: A belief based on objective evidence. Objective evidence may include having personal knowledge, including observed behavior, or reliable information from a credible third party that an Employee has a Medical Condition that the Employee has performance deficiencies or will pose a Direct Threat and an articulable basis on which to attribute those deficiencies or the Direct Threat to the Employee’s Medical Condition. 

3.10 Supervisor: The individual who supervises the employee who is being asked to submit to a fitness for duty examination pursuant to this policy.

3.11 Department Head: The administrative or academic head of an academic or administrative unit, i.e., dean, director, etc.         

4.  Procedures

4.1 An Employee, student, or community member who observes behavior or learns information that suggests an Employee is not Fit for Duty should report such behavior to that Employee’s supervisor/manager. If an Employee is concerned that their own supervisor/manager is not Fit for Duty, the Employee should report such behavior to the next level of supervisor or directly to Employee Relations.

4.2 An Employee’s supervisor will request a medical evaluation of an Employee when the supervisor reasonably believes that the Employee either poses a Direct Threat to themselves or others, or that the Employee cannot perform Essential Job Functions. The evaluation serves the purpose of determining if an employee is fit to carry out their Essential Job Functions.

4.3 The University has the responsibility to maintain the confidentiality of all medical evaluations. The University may place an Employee on investigatory or administrative leave while the University determines if the Employee can return and resume his or her job duties, consistent with applicable law and University policy.

4.4 The department is responsible for all costs regarding the evaluation.

4.5 The Employee must comply with all lawful treatments or conditions required to return to work that are job-related and consistent with business necessity.

4.6 The procedure for evaluations for determination of an Employee’s fitness for duty is as follows:

4.6.1 Upon receipt of information regarding an employee’s inability to safely perform work functions, the employee’s supervisor shall notify the department head of his/her request for the employee to submit to a fitness for duty examination.

4.6.2 Upon review of the information by the department head, he or she will notify the next highest level administrator (Vice Chancellor, Chief Officer, Director) of the college, school, division or department of the request for the employee to submit to a fitness for duty examination.

4.6.3 Upon receipt of the information from the department head, the Vice Chancellor/Chief Officer/Director will meet with the Chief Human Resources Officer to determine if an evaluation is needed.

4.6.4 If the Vice Chancellor/Chief Officer/Director determines that an evaluation is needed, the Chief Human Resources Officer will notify the employee of the need for the evaluation and explain to the employee the conditions of the evaluation.

4.6.5 The evaluation will be conducted by an independent, licensed healthcare professional at the direction of Compsych.

4.6.6 Based on the results of the evaluation, the Vice Chancellor/Chief Officer/Director and the Chief Human Resources Officer will determine if it is suitable for the employee to return to campus or if any conditions are to be met prior to the employee’s return.

5.  Cooperation

Employees are required to cooperate in every aspect of the evaluation, which includes: providing necessary paperwork, partaking in the evaluation and satisfying any conditions required by the University based on the evaluation. If an employee refuses in any way to cooperate with the evaluation, then the University may proceed with a disciplinary or administrative action against the employee, up to and including dismissal, in accordance with applicable law and the University’s policy.

5.1 SHRA means State Human Resources Act. SHRA employees are those employees who are subject to the State Human Resources Act.

5.2 EHRA means Exempt from the State Human Resources Act. EHRA employees are not subject to the State Human Resources Act. EPS means Exempt Professional Staff is a specific subcategory of EHRA non-faculty positions that includes employees performing professional-level duties

5.3 The type of leave an employee may be placed on is dependent on the individual’s employment classification (i.e., SHRA, EHRA, EPS).