UNREQUESTED LEAVES OF ABSENCE/FITNESS FOR DUTY | Policy Manual

1461 - UNREQUESTED LEAVES OF ABSENCE/FITNESS FOR DUTY

The Governing Board may place a staff member on unrequested leave of absence for physical or mental inability when the staff member is unable to perform assigned duties.

If the Superintendent believes the staff member is unable to perform assigned duties, the professional staff member shall be offered the opportunity for a meeting to discuss these issues.

Prior to placing a staff member on unrequested leave, the Governing Board may require the staff member to submit to an appropriate examination by a health provider designated and compensated by the ESC. The results of any such examination shall be treated as a confidential medical record and shall be used only in compliance with law.

The staff member shall 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 Governing Board/Superintendent and to allow the Superintendent or designee 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 shall be grounds for disciplinary action, up to and including termination.

As required by Federal law and regulation and Governing Board Policy, the Superintendent shall direct the provider designated by the Governing 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 Applicable laws and regulations 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 shall be exempt from release, except as provided by law. If the ESC 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 staff member is found to be unable to perform assigned duties and no reasonable accommodations are available, the staff member may be placed on involuntary leave of absence for a period not to exceed two (2) consecutive school years.

A staff member subject to an unrequested leave of absence is entitled to a hearing as provided for in applicable laws and regulations.