§ 16-189. Separation — Disability.

(a)

Whenever an appointing authority has reason to believe that an employee's health is impeding the satisfactory performance of the duties, tasks, and responsibilities assigned to the employee, the appointing authority may require any such employee to undergo a medical examination by a licensed physician employed or retained by the County.

(b)

Where any such employee refuses to undergo a medical examination, if directed to do so by the employee's appointing authority, the appointing authority shall initiate a dismissal action against the employee in accordance with the provisions of Section 16-201(a) governing the procedures for the processing of adverse actions against employees and employee appeals therefrom.

(c)

Where any such employee undergoes a medical examination and the results thereof indicate that the employee has a correctable impairment which is temporary in nature, the employee's appointing authority shall detail other duties, tasks, and responsibilities to said employee during the period of the employee's temporary impairment; provided that any such detail shall be for a period of up to one hundred eighty (180) calendar days and shall otherwise be made in accordance with Section 16-121 and shall represent the assignment of duties, tasks, and responsibilities which the employee is capable of performing during said period of temporary impairment as determined by the examining physician. However, if any such employee fails to take reasonable actions necessary to correct such temporary impairment, as recommended by the examining physician, then, and in such event, the appointing authority shall initiate a dismissal action against the employee in accordance with Section 16-201(a).

(d)

Where any such employee undergoes a medical examination and the results thereof indicate that the employee has a permanent impairment that substantially limits a major life activity and the employee will not be able to continue to satisfactorily perform the normal duties, tasks, and responsibilities of the position the employee occupies, then, and in such event, the appointing authority shall attempt to transfer the employee to a vacant position as a reasonable accommodation. If such a transfer cannot be effectuated due to the unavailability of a vacant position, or due to the fact that the proposed transfer does not meet the conditions stipulated in Section 16-148(a)(3) or (4), as the case may be, the employee shall then be demoted to a vacant position, subject to the provisions of Sections 16-148(a)(6)(B) and 16-201(a). If such a demotion cannot be effectuated due to the unavailability of a vacant position, or due to the fact that the proposed transfer does not meet the conditions stipulated under Section 16-148(a)(6)(B), the appointing authority may then proceed to terminate the employee under a separation — disability action, subject to the provisions of Section 16-201(a).

(e)

Where any such employee undergoes a medical examination and the results thereof indicate that the employee is totally disabled such that the employee is not able to continue to perform satisfactorily in any vacant position, then, and in such event, the appointing authority shall proceed to terminate the employee under a separation — disability action. Any such separation — disability action shall be initiated and taken by the appointing authority in accordance with the provisions of Section 16-201(a).

(f)

The Director of Human Resources Management shall assist any employee who is separated from a position under a separation — disability action, as provided in Subsection (e), above, in securing any disability retirement benefits the employee may be entitled to by virtue of such separation — disability action.

(CB-1-1976; CB-98-1982; CB-22-2000; CB-91-2003)