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

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

F. Definitions/Acronyms

G. Recordkeeping Requirements

H. Implementing Documents

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

DOCUMENT INFORMATION

Source Requirements Documents

Implementing Documents