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| Title:| Medical Separation Policy|
|Publication date:| |
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Title:
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Medical Separation Policy
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Publication date:
1/12/2012 |
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| |Effective date: |
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|4/13/2009 |
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BRIEF
Policy Summary
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| h2.BRIEF h3.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\[D |
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\]|http://www.lbl.gov/Workplace/RPM/R2.01.html#secd]). 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\[E |
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Who Should Read This Policy
- This policy applies to the following employee classifications: Career, Term, and Faculty.
- This policy is not applicable to the following employee classifications: Postdoctoral Fellow, Limited, Visiting Researcher, Rehired Retiree, Graduate Student Research Assistant (GSRA), and Student Assistant.
- This policy applies to nonrepresented employees. Represented employees should consult their collective bargaining agreement (CBA).
To Read the Full Policy, Go To:
The POLICY tab on this wiki page
Contact Information
For more information, contact your division's Human Resources (HR) Center.
Feedback on HR policies or procedures is welcomed. Send comments to [email protected].
End Brief
Title: | Medical Separation Policy |
Publication date: | 1/2/2012 |
Effective date: | 4/13/2009 |
POLICY
A. Purpose
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\]|http://www.lbl.gov/LBL-Work/RPM/R2.01.html#sece]). h3.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). h3.To Read the Full Policy, Go To: The POLICY tab on this wiki page h3.Contact Information For more information, contact your division's [Human Resources (HR) Center|https://www.lbl.gov/Workplace/HumanResources/html/Staff-Information/center-contacts.html]. Feedback on HR policies or procedures is welcomed. Send comments to [[email protected]|mailto:[email protected]]. {dojo-tab} {dojo-tab:title=Policy} |Title: | Medical Separation Policy| |Publication date: |1/2/2012| |Effective date: |4/13/2009| h2.POLICY h3.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). |
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|http://www.lbl.gov/Workplace/RPM/R2.01.html#secd] 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\[E |
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B. Persons Affected
- This policy applies to the following employee classifications: Career, Term, and Faculty.
- This policy is not applicable to the following employee classifications: Postdoctoral Fellow, Limited, Visiting Researcher, Rehired Retiree, Graduate Student Research Assistant (GSRA), and Student Assistant.
- This policy applies to nonrepresented employees. Represented employees should consult their collective bargaining agreement (CBA).
C. Exceptions
Request for exceptions that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at minimum, Chief Human Resources Officer (CHRO) approval.
D. Policy Statement
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\]|http://www.lbl.gov/LBL-Work/RPM/R2.01.html#sece]). h3.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). h3.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. h3.D. Policy Statement # *Basis for Separation* ## 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. ## 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. ## An employee will not be separated under this policy while on sick leave or extended sick leave (see Worker's Compensation Insurance \[document number 02.06.008.000 or [RPM Section 2.15|http://www.lbl.gov/LBL-Work/RPM/R2.15.html]\]). 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. |
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# *Medical Documentation |
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* ## 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. |
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- Notice of Intent: An employee will be given advance written notice of intent to separate him or her. The notice will:
- State the reason for the medical reason for separation and the proposed effective date
- 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.)
- State that the employee has the right to respond orally or in writing within eight (8) calendar days regarding the separation
- Specify to whom the response must be made
- 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.
- 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.
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- 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.
- 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 |
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# *Notices* ## *Notice of Intent:* An employee will be given advance written notice of intent to separate him or her. The notice will: ### State the reason for the medical reason for separation and the proposed effective date ### 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.) ### State that the employee has the right to respond orally or in writing within eight (8) calendar days regarding the separation ### Specify to whom the response must be made ## *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. ## *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. # *Special Re-employment Procedures* ## 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\[E\]|http://www.lbl.gov/LBL-Work/RPM/R2.01.html#sece]). 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. ## Service Credit on Re-employment. If an employee is reappointed or re-employed within the allowed period, a break in service does not occur. h3.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|#_H._Implementing_Documents]. {color:#ff0000}*\[Note to Erik/Phil: Add link to implementing procedures section.\]* |
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{color} h3.F. Definitions/Acronyms |
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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 |
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|*Term*|*Definition* | |CBA|Collective bargaining agreement| |CHRO|Chief Human Resources Officer| \\ h3.G. Recordkeeping Requirements |*Role*|*Responsibility*| |Health Services |Maintains records of the reasonable accommodation process| |Human Resources |Maintains employee records| h3.{anchor:_H._Implementing_Documents |
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}H. |
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Implementing |
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Audience
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Document Number
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Document Title
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All Laboratory staff
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...
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All Laboratory staff
Documents |*Audience*|*Document Number*|*Document Title* | |All Laboratory staff| |[Medical Separation Procedure|http://www.lbl.gov/ehs/health_services/pdf/Medical-Separation-Procedure.pdf]| |All Laboratory staff|02.12.001.001-01 |
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|[Termination Checkout |
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All Laboratory staff
Sheet|https://www.lbl.gov/Workplace/HumanResources/html/Employee-Actions/Termination/guidelines.html]| |All Laboratory staff|02.12.001.002–01 |
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|[Termination Confirmation to Employee and Supervisor from |
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All Laboratory staff
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02.12.001.003-01
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All Laboratory staff
...
...
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Managers and Supervisors
...
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Managers and Supervisors Responsibilities under the Medical Separation Policy
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Managers and Supervisors
...
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Supervisor Responsibilities Training (mandatory for new supervisors)
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Managers and Supervisors
...
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Supervisor Scenario Workshop-HR Issues (mandatory for new supervisors)
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For HR Staff
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02.12.001.004-01
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For HR Staff
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02.12.001.005-01
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End of Term/Limited Appointment
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For HR Staff
...
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Medical Termination Questionnaire
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For HR Staff
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02.12.001.006-01
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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 [email protected].
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 |
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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: | 1/2/2015 |
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 | |
University of California (UC) | PPSM 66 |
Implementing Documents
Audience | Document Number | Document Title | Type |
|---|---|---|---|
All Laboratory staff |
| Process | |
All Laboratory staff | 02.12.001.001-01 | Form | |
All Laboratory staff | 02.12.001.002–01 | Form | |
All Laboratory staff | 02.12.001.003-01 | Process | |
All Laboratory staff |
| Website | |
Managers and Supervisors |
| Managers and Supervisors Responsibilities under the Medical Separation Policy | Process |
Managers and Supervisors |
| Supervisor Responsibilities Training (mandatory for new supervisors) | Training |
Managers and Supervisors |
| Supervisor Scenario Workshop-HR Issues (mandatory for new supervisors) | Training |
For HR Staff | 02.12.001.004-01 | Process | |
For HR Staff | 02.12.001.005-01 | Process | |
For HR Staff |
| Form | |
For HR Staff | 02.12.001.006-01 | Form |
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ADDITIONAL 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: | 1/2/2015 | |
Policy Area: | Separation | |
RPM Section (home) | Human Resources | |
RPM Section (cross-reference) | Chapter 2.21(E) | |
Functional Division | Human Resources | |
Author name/contact info | M. Bello | |
|
| |
Revision 0 publication date | 4/3/2009 | |
Retirement date | n/a | |
Prior reference information (optional) | RPM Chapter 2.21(E) | |
|
| |
Inputs from more than one Functional Area? | Yes | |
List additional Functional Areas & contacts | Peter Lichty, Health Services Director, | |
|
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Inputs from more than one Policy Area? | Yes | |
List additional Policy Areas & contacts | Cynthia Coolahan, HR Systems & Services Manager | |
|
| |
30-day notification needed? | No | |
30-day start date | n/a | |
30-day end date | n/a | |
|
| |
LDAP protected? | Yes | |
|
| |
Need TABL reminders? | No | |
Frequency | n/a | |
Brief reminder text: | n/a | |
|
| |
Approval Sheet for this revision received (date) |
| ]]></ac:plain-text-body></ac:structured-macro> |
Key labels/tags:
Medical separation, separation
New terms that need to be added to Glossary/Acronym list:
None
Implementing Documents restricted to department/functional use
Audience | Document Number | Document Title | Type |
|---|---|---|---|
For HR Staff | 02.12.001.004-01 | Process | |
For HR Staff | 02.12.001.005-01 | Process | |
For HR Staff |
| Form | |
For HR Staff | 02.12.001.006-01 | Form |
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HR|https://www.lbl.gov/Workplace/HumanResources/html/Employee-Actions/Termination/guidelines.html]|
|All Laboratory staff|02.12.001.003-01|[Termination Process Guide|https://www.lbl.gov/Workplace/HumanResources/html/Employee-Actions/Termination/guidelines.html]|
|All Laboratory staff| |[Retirement Plaques|http://www.lbl.gov/Workplace/Lab-Support/retirement-plaque/]|
|Managers and Supervisors| |Managers and Supervisors Responsibilities under the Medical Separation Policy|
|Managers and Supervisors| |Supervisor Responsibilities Training (mandatory for new supervisors)|
|Managers and Supervisors| |Supervisor Scenario Workshop-HR Issues (mandatory for new supervisors)|
|For HR Staff|02.12.001.004-01|[Emeritus Status Guidelines|http://www.lbl.gov/Workplace/HumanResources/internal/html/Employee-Actions/Termination/guidelines.html] |
|For HR Staff|02.12.001.005-01|[End of Term/Limited Appointment|http://www.lbl.gov/Workplace/HumanResources/internal/html/Employee-Actions/Termination/guidelines.html]|
|For HR Staff| |[Medical Termination Questionnaire|http://www.lbl.gov/Workplace/HumanResources/internal/html/Employee-Actions/Termination/guidelines.html]|
|For HR Staff|02.12.001.006-01|[Notice to Absent Employee / Affiliate|http://www.lbl.gov/Workplace/HumanResources/internal/html/Employee-Actions/Termination/guidelines.html]|
h3.I. Contact Information
For more information, contact your division's [Human Resources (HR) Center|https://www.lbl.gov/Workplace/HumanResources/html/Staff-Information/center-contacts.html].
Feedback on HR policies or procedures is welcomed. Send comments to [[email protected]|mailto:[email protected]].
h3.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|
\\
{dojo-tab}
{dojo-tab:title=Document Information}
h2.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:|1/2/2015|
|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)|
h3.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|http://labs.ucop.edu/labprimecontracts/LBNL/sections/section_j/lbnl_secj_app_a.pdf]|
|University of California (UC)|PPSM 66 \\
July 1, 2006|[Medical Separation|http://atyourservice.ucop.edu/employees/policies_employee_labor_relations/personnel_policies/spp66.html]|
h3.Implementing Documents
||*Audience*||*Document Number*||*Document Title* ||*Type*||
|All Laboratory staff| |[Medical Separation Procedure|http://www.lbl.gov/ehs/health_services/pdf/Medical-Separation-Procedure.pdf]|Process|
|All Laboratory staff|02.12.001.001-01|[Termination Checkout Sheet|https://www.lbl.gov/Workplace/HumanResources/html/Employee-Actions/Termination/guidelines.html]|Form|
|All Laboratory staff|02.12.001.002–01|[Termination Confirmation to Employee and Supervisor from HR|https://www.lbl.gov/Workplace/HumanResources/html/Employee-Actions/Termination/guidelines.html]|Form|
|All Laboratory staff|02.12.001.003-01|[Termination Process Guide|https://www.lbl.gov/Workplace/HumanResources/html/Employee-Actions/Termination/guidelines.html]|Process|
|All Laboratory staff| |[Retirement Plaques|http://www.lbl.gov/Workplace/Lab-Support/retirement-plaque/]|Website|
|Managers and Supervisors| |Managers and Supervisors Responsibilities under the Medical Separation Policy|Process|
|Managers and Supervisors| |Supervisor Responsibilities Training (mandatory for new supervisors)|Training|
|Managers and Supervisors| |Supervisor Scenario Workshop-HR Issues (mandatory for new supervisors)|Training|
|For HR Staff|02.12.001.004-01|[Emeritus Status Guidelines|http://www.lbl.gov/Workplace/HumanResources/internal/html/Employee-Actions/Termination/guidelines.html%5d] |Process|
|For HR Staff|02.12.001.005-01|[End of Term/Limited Appointment|http://www.lbl.gov/Workplace/HumanResources/internal/html/Employee-Actions/Termination/guidelines.html%5d]|Process|
|For HR Staff| |[Medical Termination Questionnaire|http://www.lbl.gov/Workplace/HumanResources/internal/html/Employee-Actions/Termination/guidelines.html%5d]|Form|
|For HR Staff|02.12.001.006-01|[Notice to Absent Employee / Affiliate|http://www.lbl.gov/Workplace/HumanResources/internal/html/Employee-Actions/Termination/guidelines.html%5d]|Form|
{dojo-tab}
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{dojo-tab:title=Additional Information}
h2.ADDITIONAL 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:|1/2/2015|
|Policy Area:|Separation|
|RPM Section (home)|Human Resources|
|RPM Section (cross-reference)|Chapter 2.21(E)|
|Functional Division |Human Resources|
|Author name/contact info|M. Bello|
| | |
|Revision 0 publication date|4/3/2009|
|Retirement date|n/a|
|Prior reference information (optional)|RPM Chapter 2.21(E)|
| | |
|Inputs from more than one Functional Area?|Yes|
|List additional Functional Areas & contacts|Peter Lichty, Health Services Director, \\
Ann del Simone, Legal Counsel \\
UCOP HR Policies|
| | |
|Inputs from more than one Policy Area?|Yes|
|List additional Policy Areas & contacts|Cynthia Coolahan, HR Systems & Services Manager \\
Victor Roberts, ELR Manager \\
Leslie Cobb, ELR \\
Shada Kuba, ELR|
| | |
|30-day notification needed?|No|
|30-day start date|n/a|
|30-day end date|n/a|
| | |
|LDAP protected?|Yes|
| | |
|Need TABL reminders?|No|
|Frequency|n/a|
|Brief reminder text:|n/a|
| | |
|Approval Sheet for this revision received (date) \\
\[Note: author is responsible\]| |
h3.Key labels/tags:
Medical separation, separation
h3.New terms that need to be added to Glossary/Acronym list:
None
h3.Implementing Documents restricted to department/functional use
||*Audience*||*Document Number*||*Document Title*||*Type*||
|For HR Staff|02.12.001.004-01|[Emeritus Status Guidelines|http://www.lbl.gov/Workplace/HumanResources/internal/html/Employee-Actions/Termination/guidelines.html%5d] |Process|
|For HR Staff|02.12.001.005-01|[End of Term/Limited Appointment|http://www.lbl.gov/Workplace/HumanResources/internal/html/Employee-Actions/Termination/guidelines.html%5d]|Process|
|For HR Staff| |[Medical Termination Questionnaire|http://www.lbl.gov/Workplace/HumanResources/internal/html/Employee-Actions/Termination/guidelines.html%5d]|Form|
|For HR Staff|02.12.001.006-01|[Notice to Absent Employee / Affiliate|http://www.lbl.gov/Workplace/HumanResources/internal/html/Employee-Actions/Termination/guidelines.html%5d]|Form|
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