3161 - UNREQUESTED LEAVES OF ABSENCE/FITNESS FOR DUTY
It is the policy of the Board of Education to protect the school children of this District from the influence of unfit teachers.
The Board reserves the right to place an employee on unrequested leave of absence or retire an employee for physical or mental disability to perform assigned duties.
In the case of a teacher who, in the opinion of the Superintendent, is unfit to teach in this District by reason of physical or mental condition, the teacher will be offered the opportunity for a hearing which shall be conducted in accordance with law governing termination hearings.
If an employee fails to overcome the Superintendent’s recommendation or fails to request an appearance before the Board within the time allowed, the Board shall order the employee to submit to an appropriate examination by a physician designated and recompensed by the Board, by a physician or institution of the employee’s choice and at the employee’s expense, provided such physician or institution has been approved by the Board, or both.
Where the physician designated by the Board disagrees with the physician designated by the employee, the two (2) physicians shall agree in good faith on a third impartial physician who shall examine the employee and whose medical opinion shall be conclusive and binding on the issue of medical capacity to perform assigned duties. The expenses of a third examination shall be borne by the Board.
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 or his/her 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 will be grounds for disciplinary action, up to and including termination.
As required by Federal law and regulation and Board Policy 3122.02, the Superintendent 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 employee is found to be unfit to perform assigned duties, the employee shall be placed on leave of absence until proof of recovery, satisfactory to the Board, if furnished.
The employee may use all of his/her accumulated sick leave prior to being placed on this unpaid leave of absence.
Should an employee refuse to submit to the examination requested by the Board and the employee has exercised his/her rights under the provisions hereinabove set forth, such refusal shall subject the employee to disciplinary action which action may include the institution of procedures for a termination of contract.
Revised 5/20/10
© Neola 2011