Employee Fitness for Duty Policy

Title

University of North Carolina at Chapel Hill Policy on Employee Fitness for Duty

Introduction

Purpose

The University is committed to ensuring that Employees are Fit for Duty while also respecting Employee privacy. Employees are Fit for Duty when they are able to perform their Essential Job Functions without posing a Direct Threat to themselves or others. This Policy and associated Procedures describe the circumstances in which the University may evaluate an Employee’s Fitness for Duty, provide the procedures for those evaluations, and safeguard Employee privacy related to those evaluations.

Scope

This Policy and associated Procedures apply to all University Employees.

Policy

Policy Statement

This Policy requires that all Employees be Fit for Duty when they are working. The University may require an Employee to undergo a Fitness for Duty Evaluation (an “Evaluation”) when it is job-related and consistent with business necessity. An Evaluation is job-related and consistent with business necessity when the University has a Reasonable Belief that (1) the Employee’s ability to perform Essential Job Functions is or will be impaired by a Medical Condition or (2) the Employee will pose a Direct Threat due to a Medical Condition. Employees who are determined to be not Fit for Duty may be provided leave under the relevant University leave policy or may be separated from employment.

Exceptions

Tests to determine whether an Employee is currently using illegal drugs are generally not considered Fitness for Duty Evaluations and may be required of Employees pursuant to relevant University policy. The University may, in its discretion, address the current use of illegal drugs under this Policy.

Definitions

  • Direct Threat: A significant risk of substantial harm that cannot be eliminated or reduced by a Reasonable Accommodation. After the University has determined there is a Reasonable Belief that an Employee will pose a Direct Threat due to a Medical Condition, a licensed health care provider will consider the following factors: (1) the duration of the risk; (2) the nature and severity of the potential harm; (3) the likelihood that potential harm will occur; and (4) the imminence of the potential harm. Direct Threat determinations must be based on an individualized assessment of the Employee’s present ability to safely perform the Essential Job Functions, considering a reasonable medical judgment relying on the most current medical knowledge and/or best available objective evidence.
  • Employee: Any faculty or staff member, whether part-time or full-time, permanent or temporary, including post-doctoral scholars and student-employees. For purposes of this Policy, student-employees may be required to undergo a Fitness for Duty Evaluation only if a medical condition impairs their ability to perform Essential Job Functions of their employment or if they pose a Direct Threat in the context of their employment.
  • Essential Job Functions: The fundamental duties of the position or the primary reasons the position exists. For all jobs at the University, regular attendance, ability to work without disruption to the workplace, and ability to comply with applicable conduct standards are Essential Job Functions.
  • Fit for Duty or Fitness for Duty: Able to perform their Essential Job Functions, with or without a reasonable accommodation, in a manner that does not pose a Direct Threat.
  • Fitness for Duty Evaluation: Medical examination or testing of an Employee, conducted by a licensed health care provider, to determine whether the Employee’s ability to perform their Essential Job Functions is impaired by a medical condition or whether the Employee poses a Direct Threat due to a medical condition. Fitness for Duty Evaluations will be conducted after the University determines that there is a Reasonable Belief that the Employee is or will be unable to perform their Essential Job Functions or will pose a Direct Threat due to a Medical Condition.
  • Last Chance Agreement: An agreement by the University not to terminate an Employee with a Substance Use Disorder in exchange for the Employee’s agreement to receive substance abuse treatment, refrain from further use of alcohol or drugs, and avoid further workplace problems. Last Chance Agreements may include provisions requiring periodic drug or alcohol testing and/or provision of periodic status reports from a healthcare provider. Last Chance Agreements may also include a provision requiring the Employee to release any claims against the University related to termination for failure to comply with the terms of the Agreement. Nothing in this Policy prevents similar agreements for performance or conduct issues arising out of a Medical Condition.
  • Medical Condition: Any mental or physical impairment. Substance Use Disorders, including drug or alcohol addiction, may be Medical Conditions under this Policy. Casual or irregular drug use is not a Medical Condition.
  • Reasonable Belief: A belief based on objective evidence. Objective evidence may include having personal knowledge, including observed behavior, or reliable information from a credible third party that an Employee has a Medical Condition, that the Employee has performance deficiencies or will pose a Direct Threat, and an articulable basis on which to attribute those deficiencies or the Direct Threat to the Employee’s medical condition.
  • Substance Use Disorder: A diagnosed illness in which the recurrent use of alcohol and/or drugs causes clinically significant impairment. The University prohibits the use of illegal drugs or alcohol in the workplace and may address such use through disciplinary action rather than under this Policy. Employees who engage in such use and who have a Substance Use Disorder may, in the University’s discretion, be referred for a Fitness for Duty Evaluation instead of or in conjunction with any appropriate discipline under the relevant University policies.

Related Requirements

External Regulations and Consequences

University Policies, Standards, and Procedures

Contact Information

Policy Contacts

  1. Angenette McAdoo
    Title: Senior Director
    Unit: Employee and Management Relations, Office of Human Resources
    Email: Angenette_mcadoo@unc.edu
    Phone: 919-962-9638

  2. Tiffany Bailey
    Title: Director of Equal Opportunity/Americans with Disabilities Act (ADA) Coordinator
    Unit: Equal Opportunity and Compliance
    Email: tmbailey@email.unc.edu
    Phone: (919) 966-7545

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