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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]).This policy describes the basis for medically separating an employee from Lawrence Berkeley National Laboratory (Berkeley Lab) employment when the employee can no longer perform the essential functions of the employee's position with or without reasonable accommodation due to a disability and reassignment is not an option under the Reasonable Accommodation policy.

Who Should Read This Policy

This policy applies to

non-represented employees in Career and Term appointments who have successfully completed a required probationary period and Faculty appointments. 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].

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, This policy describes the basis for medically separating an employee from 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]).employment when the employee can no longer perform the essential functions of the employee's position with or without reasonable accommodation due to a disability and reassignment is not an option under the Reasonable Accommodation policy.

B. Persons Affected

This policy applies to

non-represented employees in Career and Term appointments who have successfully completed a required probationary period and Faculty appointments. Represented employees should consult their collective bargaining agreement (CBA).

C. Exceptions

Request for exceptions Requests 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 a minimum, approval of the Chief Human Resources Officer (CHRO) approval.

D. Policy Statement

1. General
   1. A non-probationary career or term employee may be medically separated if the employee becomes unable to perform the essential functions of the employee's position with or without reasonable accommodation due to a disability, and reassignment is not an option under the Reasonable Accommodation policy.
   2. Prior to medical separation, Berkeley Lab will engage in the interactive process in accordance with the provisions of the Reasonable Accommodation policy. As part of the interactive process, the employee will be offered the option to explore reassignment, if appropriate. A career employee medically separated under this policy is eligible for Special Reemployment as described in Section D.6 of this policy.
2. Bases for Medical Separation. There are two circumstances in which medical separation is appropriate: (1) when the interactive process has been exhausted and a determination is made that the employee cannot be reasonably accommodated absent undue hardship; or (2) when the employee has been approved to receive disability payments from a retirement system to which Berkeley Lab contributes.
   1. Medical Separation After Exhaustion of the Interactive Process and Determination that the Employee Cannot Be Reasonably Accommodated. In these circumstances, the medical separation is based on:
      1. A
   Basis for Separation
   1. A medical separation will be based on: (i) a
      1. written statement by the employee's supervisor or designee, in consultation with an Integrated Disability and Absence Management Analyst, describing the essential functions the employee is unable to perform; and
      (ii) a
      2. A written review
      by a vocational rehabilitation counselor, or appropriate representative, determining
      1. prepared by an Integrated Disability and Absence Management Analyst or other appropriate Berkeley Lab representative documenting that the interactive process was exhausted and confirming that no reasonable accommodation
      exists
      1. could be provided without causing undue hardship
      .The medical separation may also be based on: (i)
      1. per the Reasonable Accommodation policy.
   2. Medical Separation Based on the Employee's Receipt of or Approval to Receive Disability Payments from a Retirement System. In these circumstances, the medical separation is based on:
      1. Documentation establishing the employee's receipt of (or approval
      of
      1. to receive) disability payments from
      the
      1. a 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.
      1. Berkeley Lab contributes, such as the University of California Retirement Plan (UCRP) or the California Public Employees' Retirement System (PERS); and
      2. A written review prepared by an Integrated Disability and Absence Management Analyst or other appropriate Berkeley Lab representative, documenting that the interactive process was conducted.
3. Leave Entitlements Prior to Medical Separation
   1. An employee will not be medically 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.
4. 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.
5. 1. :
      1. While the employee is actively using sick leave;
      2. While the employee is using extended sick leave; or
      3. Prior to the exhaustion of all leave to which the employee may be entitled under the Family and Medical Leave Act, the California Family Rights Act, and/or the California Pregnancy Disability Leave Law.
   2. An employee who is a member of the Senior Management Group may be medically separated after exhausting any leave provided to the employee under UC policy, PPSM II-42 (Disability Leave), whether or not the employee still has accrued sick leave.
6. Supporting Documentation
   1. Berkeley Lab may request that the employee provide documentation from the employee's health care provider to confirm that the employee has a disability and to identify the employee's functional limitations. The employee has an obligation to promptly comply with such requests.
   2. The information in this documentation may be subject to confirmation by Berkeley Lab. When Berkeley Lab determines that such confirmation is necessary, Berkeley Lab may require that the employee be examined by a Berkeley Lab-appointed licensed health care provider. In such circumstances, Berkeley Lab will pay the costs of the examination and reimburse the employee for any reasonable out-of-pocket travel expenses incurred in connection with the examination.
7. Notices
   1. Notice of Intent to Medically Separate
      1. Berkeley Lab will provide the employee with advance written notice of Berkeley Lab's intention to medically separate the employee
   Notices
   1. Notice of Intent: An employee will be given advance written notice of intent to separate him or her
      1. . The notice will:
         1. State the reason for the intended medical
         reason for separation and the proposed effective date
         1. separation;
         2. Include copies of the statement prepared by the supervisor
         's statement
         1. or designee and any other pertinent material considered
         . (Upon written request by the employee, documentation related to the interactive process will be included.)
         1. , including the written review prepared by the Integrated Disability and Absence Management Analyst or other appropriate Berkeley Lab representative; and
         2. State that the employee has the right to respond orally or in writing within eight (8) calendar days regarding the intended medical separation
      2. Specify to whom the response must be made
      Notice of Separation:
      1. 1. .
      2. After the employee
      's response
      1. has responded or after eight (8) calendar days, whichever comes first, management will review the response, if any, and inform the employee of the action to be taken.
   2. Notice of Medical Separation
      1. If Berkeley Lab has determined that proceeding with medical
      have passed, the employee shall be notified of the decision. If it has been determined that
      1. separation is appropriate, Berkeley Lab will provide the employee
      shall be given
      1. with advance written notice of the medical separation date and notice of the right to appeal.
      Effective Date:
      1. The effective date of medical separation will be at least ten (10) calendar days from the date of Berkeley Lab's issuance of the notice of medical separation or 18 calendar days from the date of issuance
      or
      1. of the notice of intent to medically separate, whichever is later.
8. Special Re-employment ProceduresReemployment
   1. To be considered for Special Reemployment, a career employee who has been medically separated must notify Berkeley Lab of their interest and provide documentation from a licensed health care provider that establishes that the former employee has been medically released to return to work, with or without reasonable accommodation.
   2. After such notice and documentation are provided, for
   3. Re-employment. For a period of one year following the date of a medical separation, Berkeley Lab will assist the former employee in identifying appropriate positions for which the former employee may apply at the same location.
   4. If the 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 Berkeley Lab contributes, the Special Reemployment period it will be three (3) years from the date on which the benefits commenced.
   5. Service Credit on Re-employment. If an employee is reappointed or re-employed If the former employee is reemployed within the allowed period, a break in service does not occur.
   6. In Special Reemployment situations, the employee may be selected for a position without the requirement that the position be publicized, in accordance with the Recruitment and Hiring policy.

E. Roles and Responsibilities

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

F. Definitions/Acronyms