UTMB HANDBOOK OF OPERATING PROCEDURES

Section 3 Employee Policies Subject 3.1 Employment Related Policy 3.3.17 Fitness for Duty

05/07/09 -Originated -Reviewed w/ changes -Reviewed w/o changes Human Resources -Author

FITNESS FOR DUTY

Definitions	Fitness for Duty- Whether an employee is physically and mentally capable of safely performing the essential functions of his/her job with or without reasonable accommodation. Fitness for Duty Evaluation- Evaluation by an impartial, independent health care professional with appropriate expertise in one or more of the following: medical conditions, psychological conditions, and/or conditions related to the use or abuse of alcohol or other substances.
Policy	UTMB endeavors to provide a safe environment for all employees, students and patients. Employees are responsible for managing their health in such a way that they can safely perform their essential job functions, with or without reasonable accommodation. If an employee is unable to perform the essential functions of his/her job or is having observable difficulty in performing his/her work duties in a manner that is safe for the employee, co-workers, students, or patients or is posing a direct threat to self or others, that employee may be required to undergo a fitness-for-duty evaluation. UTMB will make the final determination of an employee’s fitness-for-duty status. Employees taking prescription medications that impair their ability to work safely are subject to the conditions of this policy. The employee’s home department will pay the cost of a fitness-for- duty evaluation.
Procedures	The determination by a supervisor to refer an employee for a fitness for duty evaluation must involve consultation with a Human Resources representative. Supervisors requesting a fitness-for-duty evaluation will complete a Supervisor’s Observation Report and forward to Human Resources. In situations posing imminent danger, supervisors should contact Campus Police. Employees being referred for a fitness for duty evaluation will be

Procedures, continued

relieved of duties and placed on paid administrative leave pending completion of the evaluation and receipt of the results by UTMB. Human Resources will forward documentation from the supervisor to the Medical Director for Employee Health and Wellness, who will determine what type of fitness-for-duty examination, is indicated. The decision as to which health care provider will perform the fitness-for- duty evaluation will be made by the Medical Director. Employee Health and Wellness will assist Correctional Managed Care (CMC) supervisors in locating an appropriate health care provider for CMC employees requiring a fitness for duty evaluation upon receipt of documentation from the supervisor. If an employee is found to be unfit for duty, his/her employment and pay status will be determined on a case-by-case basis in accordance with University policies and procedures. Applicable employee leave accruals will be used to cover continued approved leaves of absence from work. In all cases an employee who has been referred for a fitness-for-duty evaluation must provide documentation from the independent evaluator indicating his/her fitness for duty in order to return to work. Non-compliance with a request for a fitness-for-duty evaluation may constitute misconduct leading to disciplinary action up to and including dismissal. Records of fitness-for-duty evaluations will be treated as confidential health records and will be kept in Employee Health Services.

References

IHOP Policies: 3.2.2 Americans with Disabilities Act 3.9.3 Emergency Leave 3.10.1 Discipline and Dismissal 8.1.9 Manufacture, Sale, Possession, Distribution, or Use of Alcohol, Controlled Substances or Drugs