Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 44
RULE 10
10.6
Refusal to Submit to a Fitness For Duty Examination: Failure to submit to a Fitness For Duty
Examination shall constitute insubordination and be grounds for disciplinary action.
10.7
Temporary Disability: A disability that is not expected to exceed six (6) months in duration.
Every effort will be made to accommodate employees with a temporary disability in a modified position.
10.8
10.9
Disability Interactive Process:
a.
Upon receipt of the physician’s report confirming permanent disability, the Human Resources
Director shall engage in the Interactive Process with the employee to determine possible
modifications or accommodations that can be made in order for the employee to continue in
his/her current position.
b.
If none can be reasonably accomplished, the Human Resources Director shall evaluate with
the employee his/her experience and education to determine what other position the employee
could perform satisfactorily with or without reasonable accommodation.
c.
The Human Resources Director shall consult with the affected appointing authority regarding
the position(s) the employee can be expected to perform.
Reasonable Accommodation: May include, but is not limited to, any of the following:
a. Modified duty assignment
b. Disability transfer placement
10.10 Temporary Modified Duty: Upon confirmation of temporary disability, the Human Resources
Director, along with the appointing authority, shall determine if there are any modified duty assignments in
which the employee could work within the employee’s disability limitations. Modified duty assignments
shall not exceed twelve (12) months.
10.11 Disability Transfer Placement: When a disability transfer is the recommended reasonable
accommodation for a permanent disability, the employee will be placed in a position in which the
employee can perform the essential functions of the job without going through a competitive examination
process, provided that the position is vacant.
The disability transfer shall be made to a classification with an equal or lower salary range than that which
is in effect for the employee’s appointed classification. The employee’s new salary shall be determined
by the salary range established for the new classification, as close to the employee’s salary as possible
without exceeding the employee’s current salary, unless otherwise approved by the City Manager.
10.12 Employment Separation Due to Permanent Disability: This process will be initiated under any
of the following conditions:
a. Employee failed the Fitness for Duty Examination, thus indicating that the employee is unable
to perform the essential functions of the employee’s job with or without reasonable
accommodation;
b. Employee failed the Fitness for Duty Examination for reasons other than disability, and
therefore is not entitled to a reasonable accommodation.
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