3161 - 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 professional staff members unable to perform their duties.
The Board authorizes the Superintendent to place a professional staff member on unrequested leave of absence for physical or mental inability to perform assigned duties in conformance with the law.
The Superintendent may require that the professional staff member submit to an appropriate examination by a healthcare provider of the professional staff member's choice, a healthcare provider designated and compensated by the District, or both.
The professional staff member 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/Superintendent and to allow the Superintendent to speak to the health care provider who conducted the medical examination in order to get clarification. Refusal to submit to an appropriate examination 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 3122.02 - Nondiscrimination Based on Genetic Information of the Employee, the District Administrator shall direct the provider designated by the Board 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 professional staff member is found to be unable to perform assigned duties, the professional staff member shall be placed on 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 a professional staff member refuse to submit to the examination requested by the Superintendent such refusal shall subject the professional staff member to disciplinary action.
The Superintendent 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.
Revised 12/12/17
T.C. 7/9/24
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