C. Employment
12. Fitness For Duty. The University System of New Hampshire is committed to providing a safe working and learning environment. As such, each faculty/staff member should be able to perform job duties and to work in a safe environment. Fitness for duty is defined as being able to work safely, properly, and perform normal work duties without being a safety hazard to one’s self or others (co-workers, students etc.) Medical evaluations will be required as needed for fitness of duty issues and for those who perform heavy physical work and/or food handling and to comply with the Americans with Disabilities Act (ADA). This policy may also be applied when dealing with communicable diseases (see USY V.D.10) and/or when there is an institutional emergency (see USY V.D.14).
12.1 When a faculty or staff member reports to work and is concerned about her/his own fitness for duty for the day, the supervisor may require the faculty/staff member to leave work for the day and seek medical attention. A supervisor who has reason to believe that a faculty/staff member is not fit for duty, including a presence which may be unsafe for others, may, with the approval of Human Resources, require the faculty/staff member to provide a medical clearance before continuing at work. If medical documentation indicates that the faculty/staff member is fit for duty except for being hazardous to others, continue on a leave with pay for up to five days (see USY V.C.12.1.1 below). Employees who are requested by their supervisor, manager, and/or Human Resources representative to provide a medical clearance for fitness for duty must consent to providing medical documentation as a condition of return to active employment.
12.1.1 In both instances, status employees may use sick leave, Earned Time, comp time, or leave without pay as applicable to cover the work absence. At the manager's discretion, status staff with no paid leave and adjunct staff may be paid either for two hours or for their scheduled work time for the day with the expectation that the hours/day would be made up at a later date.
12.1.2 As determined by Human Resources, a faculty/staff member may be required to obtain medical clearance in order to work and have such documentation submitted to Human Resources.
12.1.3 Return to Work. Medical documentation supporting the faculty/staff member's ability to perform the essential functions of the job may be required prior to returning to work.
12.2 Medical Evaluation. A supervisor, in consultation with the Human Resources Office may make inquiries or require a medical examination if it is job related and consistent with business necessity. If a disability as defined by ADA exists, and the faculty/staff member is unable to perform the essential functions of an assigned job, several options are available. The employing department and the campus Human Resources office will determine the appropriate solution from among the following options:
12.2.1 Use of policies regarding paid time away from work due to disabling condition (earned time, sick pool, sick time, interim disability, LTD, worker's compensation)
12.2.2 Use of policy regarding accommodations for disabilities
12.2.3 Use of policy regarding transfer to another position; or
12.2.4 Termination of employment if none of the other policies are applicable.
12.3 Medical Evaluation--Heavy Physical Work and/or Food Handlers. A current list of classifications requiring either heavy physical work and/or food-handling is available from the campus Human Resources Office. The USNH Director of Human Resources has the authority to make additions/deletions to this list. Changes may be made upon recommendation of the campus office responsible for personnel administration.
12.3.1 Heavy Physical Work. All staff employed in jobs requiring heavy physical work (see USY V.C.12.3 above) must satisfactorily complete a medical examination prior to work being assigned. (In compliance with §503, Part 60-741.6(c)(1), §504, Part 84.14(1)(c) of the Rehabilitation Act of 1973 and the Americans with Disabilities Act.)
12.3.1.1 Individuals employed in heavy physical work must provide satisfactory medical evidence of the ability to perform the essential functions of the position. This can be accomplished at no expense to the individual by scheduling an appropriate medical examination through a procedure established by the institution.
12.3.1.2 The employing unit shall consider the results of the medical examination in determining whether or not the individual should be assigned to the position requiring heavy physical work. As outlined in USY V.C.12.2.2, termination may occur if a person is or becomes medically unable to perform the essential functions of an assigned job with or without accommodations.
12.3.2 Food Handlers. Any faculty/staff member employed in jobs involving food handling, including childcare center employees (see USY V.C.12.3 above), will follow guidelines and regulations established by local self-inspecting cities/towns, the New Hampshire Department of Health and Human Services Food Protection Section, New Hampshire regulations found in He-P 2300 (the Sanitary Production and Distribution of Food), the Federal Department of Agriculture Food Code, and, for child care centers, the New Hampshire Child Care Licensing Rules.
12.4 Confidentiality. Information regarding medical evaluations and/or other health and disability information is considered confidential and protected by Health Insurance Portability & Accountability Act (HIPAA) regulations. (See USY V.C.15)