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Medical Separation Policy

    Title:

    Medical Separation Policy

    Publication date:

    1/2/2012

    Effective date:

    4/13/2009

    BRIEF

    Policy Summary

    Employees unable to satisfactorily perform essential, assigned functions of their positions due to a disability or medical condition may be separated from employment. Prior to medical separation, Berkeley Lab will engage in the interactive process. See the Reasonable Accommodation policy (document number 02.02.004.000 or RPM Section 2.01[D]). A nonprobationary Career employee separated under this policy is eligible for special re-employment procedures. See the Recruitment and Hiring policy (document number 02.04.001.000 or RPM Section 2.01[E]).

    Who Should Read This Policy

    • This policy applies to the following employee classifications: Career, Term, and Faculty.
    • This policy is not applicable to the following employee classifications: Postdoctoral Fellow, Limited, Visiting Researcher, Rehired Retiree, Graduate Student Research Assistant (GSRA), and Student Assistant.
    • This policy applies to nonrepresented employees. Represented employees should consult their collective bargaining agreement (CBA).

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    For more information, contact your division's Human Resources (HR) Center.
    Feedback on HR policies or procedures is welcomed. Send comments to HRpolicies@lbl.gov.

    Title:

    Medical Separation Policy

    Publication date:

    1/2/2012

    Effective date:

    4/13/2009

    POLICY

    A. Purpose

    Employees unable to satisfactorily perform essential, assigned functions of their positions due to a disability or medical condition may be separated from employment. Prior to medical separation, Lawrence Berkeley National Laboratory (Berkeley Lab) will engage in the interactive process. See the Reasonable Accommodation policy see document number 02.02.004.000 or RPM Section 2.01(D). A nonprobationary Career employee separated under this policy is eligible for special re-employment procedures. See the Recruitment and Hiring policy (document number 02.04.001.000 or RPM Section 2.01[E]).

    B. Persons Affected

    • This policy applies to the following employee classifications: Career, Term, and Faculty.
    • This policy is not applicable to the following employee classifications: Postdoctoral Fellow, Limited, Visiting Researcher, Rehired Retiree, Graduate Student Research Assistant (GSRA), and Student Assistant.
    • This policy applies to nonrepresented employees. Represented employees should consult their collective bargaining agreement (CBA).

    C. Exceptions

    Request for exceptions that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at minimum, Chief Human Resources Officer (CHRO) approval.

    D. Policy Statement

    1. Basis for Separation
      1. A medical separation will be based on: (i) a written statement by the employee's supervisor describing the essential functions the employee is unable to perform; and (ii) a written review by a vocational rehabilitation counselor, or appropriate representative, determining that no reasonable accommodation exists without causing undue hardship.
      2. The medical separation may also be based on: (i) the employee's receipt or approval of disability payments from the retirement system to which the University contributes; and (ii) a written review by a vocational rehabilitation counselor, or appropriate representative, determining that no reasonable accommodation exists without causing undue hardship.
      3. An employee will not be separated under this policy while on sick leave or extended sick leave (see Worker's Compensation Insurance [document number 02.06.008.000 or RPM Section 2.15]). However, an employee may be separated for medical or other reasons if the date of separation was set before the commencement of sick leave or extended sick leave, and if the employee is afforded all rights provided by the employee's retirement system.
    2. Medical Documentation
      1. Proof of the employee's disability or medical condition is required and is subject to verification by a Laboratory-appointed licensed healthcare provider. The Laboratory shall pay the cost of any medical examinations requested or required by the Laboratory.
    3. Notices
      1. Notice of Intent: An employee will be given advance written notice of intent to separate him or her. The notice will:
        1. State the reason for the medical reason for separation and the proposed effective date
        2. Include copies of the supervisor's statement and any other pertinent material considered. (Upon written request by the employee, documentation related to the interactive process will be included.)
        3. State that the employee has the right to respond orally or in writing within eight (8) calendar days regarding the separation
        4. Specify to whom the response must be made
      2. Notice of Separation: After the employee's response or eight (8) calendar days have passed, the employee shall be notified of the decision. If it has been determined that separation is appropriate, the employee shall be given advance written notice of the separation date and notice of the right to appeal.
      3. Effective Date: The effective date of separation will be at least ten (10) calendar days from the date of issuance of notice of separation or 18 calendar days from the date of issuance or the notice of intent to separate, whichever is later.
    4. Special Re-employment Procedures
      1. Re-employment. For a period of one year following the date of a medical separation, a former nonprobationary Career employee may be selected for a position without the requirement that the position be publicized. See the Recruitment and Hiring policy (document number 02.04.001.000 or RPM Section 2.01[E]). However, if the former employee receives disability benefits from a retirement system to which the University contributes, the period it will be three (3) years from the date on which the benefits commenced.
      2. Service Credit on Re-employment. If an employee is reappointed or re-employed within the allowed period, a break in service does not occur.

    E. Roles and Responsibilities

    Role

    Responsibility

    Chief HR Officer (CHRO)

    Has the functional responsibility for this policy

    Employees

    Have the responsibility to adhere to the provisions of this policy

    HR Department

    Has the responsibility to advise management and employees on how to comply with this policy

    Health Services

    Has the responsibility to follow procedures in support of this policy

    Managers and supervisors

    Have the responsibility to adhere to the provisions of this policy

    Roles, responsibilities, authority, and accountability are documented in applicable procedures. See Section H, Implementing Documents, below

    F. Definitions/Acronyms

    Term

    Definition

    CBA

    Collective bargaining agreement

    CHRO

    Chief Human Resources Officer

    G. Recordkeeping Requirements

    Role

    Responsibility

    Health Services

    Maintains records of the reasonable accommodation process

    Human Resources

    Maintains employee records

    H. Implementing Documents

    Audience

    Document Number

    Document Title

    All Laboratory staff

    HSDM-2009-003

    Medical Separation Procedure

    All Laboratory staff

    02.12.001.001

    Termination Checkout Sheet

    All Laboratory staff

    02.12.001.002

    Termination Confirmation to Employee and Supervisor from HR

    All Laboratory staff

    02.12.001.003

    Termination Process Guide

    All Laboratory staff

    n/a

    Retirement Plaques

    Managers and Supervisors

    02.12.001.008

    Managers and Supervisors Responsibilities under the Medical Separation Policy

    Managers and Supervisors

    02.86.001.001

    Supervisor Responsibilities Training (mandatory for new supervisors)

    Managers and Supervisors

    02.86.001.002

    Supervisor Scenario Workshop-HR Issues (mandatory for new supervisors)

    For HR Staff

    02.12.001.004

    Emeritus Status Guidelines

    For HR Staff

    02.12.001.005

    End of Term/Limited Appointment

    For HR Staff

     

    Medical Termination Questionnaire

    For HR Staff

    02.12.001.006

    Notice to Absent Employee / Affiliate

    I. Contact Information

    For more information, contact your division's Human Resources (HR) Center.
    Feedback on HR policies or procedures is welcomed. Send comments to HRpolicies@lbl.gov.

    J. Revision History

    Date

    Revision

    By whom

    Revision Description

    Section(s) affected

    Change Type

    1/2/2012

    1

    M. Bello

    Rewrite for wiki

    all

    Minor

    DOCUMENT INFORMATION

    Title:

    Medical Separation Policy

    Document number

    02.12.002.000

    Revision number

    1

    Publication date:

    1/2/2012

    Effective date:

    4/3/2009

    Next review date:

    4/3/2012

    Policy Area:

    Separation

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    Chapter 2.21(E)

    Functional Division

    Human Resources

    Prior reference information (optional)

    RPM Chapter 2.21(E)

    Source Requirements Documents

    Source

    Document Number & Effective Date

    Document Title

    Department of Energy (DOE)

    DE-AC02-05CH11231, Mod No. M046, Sec. J, App. A

    Advanced Understandings on Human Resources

    University of California (UC)

    PPSM 66, July 1, 2006

    Medical Separation

    Implementing Documents

    Audience

    Document Number

    Document Title

    Type

    All Laboratory staff

    HSDM-2009-003

    Medical Separation Procedure

    Process

    All Laboratory staff

    02.12.001.001

    Termination Checkout Sheet

    Form

    All Laboratory staff

    02.12.001.002

    Termination Confirmation to Employee and Supervisor from HR

    Form

    All Laboratory staff

    02.12.001.003

    Termination Process Guide

    Process

    All Laboratory staff

    n/a

    Retirement Plaques

    Website

    Managers and Supervisors

    02.12.001.008

    Managers and Supervisors Responsibilities under the Medical Separation Policy

    Process

    Managers and Supervisors

    02.86.001.001

    Supervisor Responsibilities Training (mandatory for new supervisors)

    Training

    Managers and Supervisors

    02.86.001.002

    Supervisor Scenario Workshop-HR Issues (mandatory for new supervisors)

    Training

    For HR Staff

    02.12.001.004

    Emeritus Status Guidelines

    Process

    For HR Staff

    02.12.001.005

    End of Term/Limited Appointment

    Process

    For HR Staff

    02.12.001.010

    Medical Termination Questionnaire

    Form

    For HR Staff

    02.12.001.006

    Notice to Absent Employee / Affiliate

    Form

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