UNREQUESTED LEAVES OF ABSENCE/FITNESS FOR DUTY | Policy Manual

1461 - UNREQUESTED LEAVES OF ABSENCE/FITNESS FOR DUTY

It is the policy of the Board to protect students and employees from the effects of contagious diseases and other circumstances that render administrators unable to perform their duties.

The Board authorizes the District Administrator to place an administrator on leave for a physical or mental condition that affects the employee's ability to perform assigned duties in conformance with the law.

The District Administrator may require that the administrator submit to an appropriate examination by a healthcare provider of the administrator's choice, a healthcare provider designated and compensated by the District, or both.

The employee will be required to execute a release that complies with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) in order to allow the report of the medical examination to be released to the Board/District Administrator and to allow the District Administrator to speak to the health care provider who conducted the medical examination in order to get clarification. Refusal of the administrator to submit to an appropriate examination requested by the District Administrator or to execute the HIPAA release will be grounds for disciplinary action, up to and including termination.

As required by Federal law and regulation and Board Policy 1422.02 - Nondiscrimination Based on Genetic Information of the Employee, the District Administrator shall direct the provider designated by the District to conduct the examination, not to collect genetic information or provide any genetic information, including the individual’s family medical history, in the report of the medical examination.

Pursuant to State law and in accordance with the Americans with Disabilities Act, as amended (ADA) and the Genetic Information Nondiscrimination Act (GINA), the results of any such examination shall be treated as a confidential medical record and will be exempt from release, except as provided by law. If the District inadvertently receives genetic information about an individual who is required to submit to an appropriate examination from the medical provider, it shall be treated as a confidential medical record as required by the ADA.

If, as a result of such examination, the administrator is found to be unable to perform assigned duties, the administrator shall be placed on a leave of absence pending further determination of ability to perform duties, including evaluation of any reasonable accommodations in the event of the existence of a disability.

Should an Administrator, as defined in Policy 0100 - Definitions, refuse to submit to the examination requested by the District Administrator, such refusal shall subject the administrator to disciplinary action.

The District Administrator may designate any period of leave under this policy as qualifying leave under State and/or Federal FMLA leave entitlement consistent with Policy 3430.01 - Family & Medical Leave of Absence (FMLA) as provided by law.

In the event the District Administrator is the administrator subject to this policy, the Board President shall direct the appropriate actions pursuant to this policy and Policy 1260 - Incapacity of the District Administrator.