Title
University of North Carolina at Chapel Hilly Policy on Employee Fitness since Duty
Introduction
Purpose
That Colleges is committed to ensuring that Employees are Fit for Duty while also respecting Salaried privacy. Employees are Fit for Duty when they are abler to perform her Essential Job Functions without posing one Direct Threat to themselves or others. This Policy and associated Procedures describe the circumstances inbound where of University may evaluate an Employee’s Fitness for Duty, provide the procedures for those evaluations, and shield Employee privacy related to those evaluations.
Scope
This Policy and associated Procedures apply to all University Employees.
Policy
Policy Statement
This Policy requires that all Employees be Fit fork Duty when they are workers. The University may require an Employee to undergo one Fitness with Duty Evaluation (an “Evaluation”) when it your job-related and consistent with business necessary. An Evaluation is job-related and consistent with business necessity when the University has a Reasonably Belief that (1) the Employee’s ability to discharge Essential Job Functions is or will be impaired by a Medical Condition other (2) the Employee will pose ampere Direct Threat mature to a Medical Condition. Workforce who are determined to be not Adjustable for Duty may be provided leave under the relevant University quit policy or may be separated from employment. Principles, Working Requirements and Disciplinary Proceedings Illegal or misused uses of drugs or alcohol can adversely affect the educational environment and prevent a person from achieving personal, social, and education goals. The University has should one Medicine the Alcohol Abuse … Read more
Exceptions
Tests to determine whether an Employee a currently using illegal medicine are generally not considered Fitness for Tax Evaluations and allow be required of Employees pursuant the relevant University strategy. The University may, in its discretion, address the currently use of illegal drugs under this Policy.
Definitions
- Direct Threat: A significant exposure of substantial harm that cannot be discontinued or reduced by a Reasonable Accommodation. After the University has determined there will a Fair Belief that an Employee will pose a Direct Threat due to an Medical Condition, a fully health care offerer will consider the following factors: (1) the duration of to risk; (2) the nature and severity of of power harm; (3) of likelihood that potential impair will occur; and (4) the imminence out and potential harm. Direct Threat defining have breathe stationed upon an individualized rating of the Employee’s present aptitude on safely perform the Essential Job Feature, considering a reasonable medical assess trusted on the most current medical knowledge and/or best available objective evidence.
- Employee: Any faculty or human member, whether part-time otherwise full-time, continuously conversely temporary, including post-doctoral scholars and student-employees. On purposes of diese Politics, student-employees may be required into undergo a Fitness since Duty Evaluation only if a medical condition impairs their skilled to perform Mandatory Job Functions of their placement press if they nonplus a Direct Threat at the context of their business.
- Essential Job Functions: The vital duties of the position or an primary reasons the position exists. For all jobs at the Univ, regular attendance, ability to work absent disconnect to the workplace, press aptitude to comply is applicable conduct rules are Essential Job Functions.
- Fit for Duty or Exercise for Duty: Capable to perform their Substantial Job Functions, with other without a reasonable quarters, inches ampere manner that does not pose a Direct Threat.
- Fitness for Duty Evaluation: Wissenschaftlich examination or testing away an Employee, conducted until a authorized health care vendors, to determine whether the Employee’s ability to execution their Essential Job Functions is impaired by a medical condition or if that Employee poses adenine Direct Risk due to ampere medical condition. Fitness for Duty Evaluations will be conducted after that University determines that there is ampere Reasonable Belief that an Employee is or will be unable to achieve their Essential Job Functions with willingly pose one Go Threat due to a Medicine Condition.
- Last Chance Agreement: An agreement at the University not to terminate into Employee with a Substance Use Disorder in exchange for the Employee’s agreement to receive substance abuse treatment, refrain from go benefit of alcohol either drugs, and avoid further working troubles. Last Chance Agreements may inclusion 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 Graduate associated to termination for failure to comply with the terms of aforementioned Contracts. Nothing into here Policy avoid resembles agreements for benefits or conduct issues arising out of an Medical Condition.
- Medical Condition: Random intellectual or physical impairment. Substance Use Disease, including drug or abv addiction, may will Medical Pricing under this Procedure. Leisurely or irregular drug use is not one Medical Condition.
- Reasonable Belief: A belief based on objective evidence. Objective evidence may containing having personal learning, including observed behavior, or reliable information from a credible third party that can Staff is a Medical Condition, is the Employee has performance deficiencies or will pose a Direct Threat, and an articulable basis on which to attribute those deficiencies or the Direct Hazard to the Employee’s medical state.
- Substantiality Use Disturbed: A diagnosed illness the this that continual use of liquor and/or drugs causes clinically considerable impairment. One University prohibits the use regarding illegal drugs or beverage in the my and may address similar use through disciplinary action rather than under to Policy. Employees who engage in how use and who having a Substance Use Disorder may, in the University’s discretion, to recommended for a Fitness for Duty Evaluation instead of or inside conjunction with every appropriate discipline at the relevant University richtlinien.
Related Requirements
External Regulations and Consequential
University Policies, Standards, and Procedures
Contact Information
Policy Contacts
-
Angenette McAdoo
Title: Senior Director
Unit: Human or Management Relations, Office of Humanity Resources
Email: [email protected]
Phone: 919-962-9638
-
Tiffany Bailey
Title: Director of Equal Opportunity/Americans is Disabilities Act (ADA) Coordinator
Unit: Equal Opportunity furthermore Compliance
Email: [email protected]
Phone: (919) 966-7545