Title
Procedure for 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. These Procedures and associated Policy 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 of Applicability
These Procedures apply to all University Employees.
Procedure
All forms for this policy can be found in the Fitness for Duty Policy section on the Management Policies page of the HR at UNC website.
1. Reporting Fitness for Duty Concerns
An Employee, student, or community member who observes behavior or learns information that suggests an Employee is not Fit for Duty should report such behavior to that Employee’s supervisor/manager. If an Employee is concerned that their own supervisor/manager is not Fit for Duty, the Employee should report such behavior to the next level of supervisor or directly to Employee and Management Relations (“E&MR”).
If an Employee believes they are not Fit for Duty, they should discuss their concerns with their supervisor/manager or may request to meet with the University’s Americans with Disabilities Act (ADA) Coordinator (the “ADA Coordinator”) and/or a Benefits and Leave Consultant to discuss options for accommodations and/or leave.
2. Requesting a Fitness for Duty Evaluation
A Dean, Chair, Department Head, or supervisor may request a Fitness for Duty Evaluation (an “Evaluation”) when they have a Reasonable Belief that the Employee’s ability to perform their Essential Job Functions will be impaired by a Medical Condition or that the Employee poses a Direct Threat due to a Medical Condition.
A. Violence in Progress or Immediate Threats
If any Employee observes violence in progress or immediate threats to the physical safety of any individual, they should call 911 to contact UNC Police and, if possible, isolate or evacuate themselves and any other individuals at risk of physical harm. Violence in progress or immediate threats include but are not limited to fighting, destroying property, threatening to kill or harm self or others, displaying a weapon or other instrument that could cause harm, stating they will get a weapon, or exhibiting a loss of control by yelling, screaming, flailing arms, or throwing dangerous objects. More information about reporting workplace violence can be found on the Equal Opportunity and Compliance (EOC) Office website.
B. Requesting an Evaluation
The Dean, Chair, Department Head, or supervisor requesting the Evaluation should first consult with their Employee and Management Relations Consultant (“E&MR Consultant”) within the Office of Human Resources to discuss whether there is a Reasonable Belief to support the request and, if so, to draft a written request for the Evaluation. After the consultation, the Dean, Chair, Department Head, or supervisor should submit a written request to the ADA Coordinator.
The written request should include the following information:
- A summary of the objective evidence supporting the Reasonable Belief that the Employee:
- Has impairment of performance of Essential Job Functions caused by the Medical Condition or
- Poses a Direct Threat;
- The name(s) and contact information for the individual(s) providing the objective information supporting the Reasonable Belief; and
- If the request is based on impairment of performance of Essential Job Functions, a summary of the relevant Essential Job Function(s).
The written request should be sent to the ADA Coordinator via email at eoc@unc.edu, copying the E&MR Consultant. For requests based on impairment of performance, a copy of the Employee’s job description should be included.
C.Determination on Request for Fitness for Duty Evaluation
Upon receipt of a request for an Evaluation, the ADA Coordinator will review the request and make a determination. In reaching this determination, the ADA Coordinator will consult with the referring individual, the E&MR Consultant, the Office of University Counsel, and other University offices or administrators, as appropriate. The ADA Coordinator may request to meet with the Employee and/or with any individual who has information supporting the request.
After review of the request, the ADA Coordinator may:
- Refer the Employee to the University’s ADA Reasonable Accommodations process prior to making a decision regarding the Evaluation;
- Determine that an Evaluation is not job-related and consistent with business necessity and may not be required; or
- Determine that an Evaluation is job-related and consistent with business necessity and will be required.
The ADA Coordinator will notify the E&MR Consultant of the determination. If the ADA Coordinator determines that the Evaluation may not be required, the E&MR Consultant will provide guidance to the referring individual on appropriate next steps.
3. Requiring a Fitness for Duty Evaluation
Work Assignments Pending Evaluation
Before or after a determination that an Evaluation is required, the University may place the Employee on paid leave for up to thirty (30) days pending the results of the Evaluation, which may be extended in some circumstances.
When the Evaluation is required to determine an Employee’s ability to perform their Essential Job Function(s), the University may, in its discretion, temporarily reassign the Employee to other duties pending the results of the Evaluation. A partial temporary reassignment to other duties may be combined with partial paid leave to fulfill the Employee’s FTE. The period of temporary reassignment will generally last no more than thirty (30) days but may be extended with written notice to the Employee. The University may, in its discretion, end the temporary reassignment at any time and place the Employee on paid leave.
Notice to Employee
The E&MR Consultant and the Employee’s supervisor will notify the Employee in writing that they are required to undergo an Evaluation. The written notice will include the following information:
- A summary of the Employee’s conduct supporting the Evaluation
- Whether the Evaluation will address the Employee’s ability to perform their Essential Job Function(s) or a potential Direct Threat
- Whether the Employee will be placed on paid leave or temporarily reassigned
- If the University chooses the health care professional to conduct the Evaluation:
- The name and contact information of the health care professional
- Notice that the Employee may submit information from their own health care provider for consideration
- The date by which the Evaluation must be completed
- Consequences for failure to complete the Evaluation
The Employee will also be provided a copy of the questions to be posed to the health care professional. These questions may be provided after the Employee receives the written notice but prior to the Evaluation.
Upon receipt of the written notice, the Employee is required to complete a University Health Care Provider Release Form allowing the ADA Coordinator to speak with the health care professional conducting the Evaluation. The Employee is also required to complete any equivalent release required by the health care professional.
Fitness for Duty Evaluation
i. Health Care Professional
The Evaluation may be conducted by the Employee’s health care provider or, in the University’s discretion, a health care professional of the University’s choice. In all cases, the Evaluation must be conducted by an appropriate health care professional who has expertise in the Employee's specific condition and can provide medical information that allows the University to determine the effects of the condition on the Employee's ability to perform their job without posing a Direct Threat.
If the University chooses the health care professional, the University will pay all costs associated with the Evaluation. If the Employee’s own provider conducts the Evaluation and the University determines that it needs additional information, the University may require the Employee to be evaluated by a health care professional of the University's choice1. If an additional evaluation is required and results in conflicting medical information, the University will consider the following factors in evaluating the determination of the health care professionals:
- The area of expertise of each health care professional who has provided information;
- The kind of information each health care professional has about the Essential Job Functions and the work environment in which they are performed;
- Whether a particular opinion is based on speculation or on current, objectively verifiable information about the risks associated with a particular condition; and
- Whether the medical opinion is contradicted by information known to or observed by the University (e.g., information about the Employee’s actual experience in the job in question or in previous similar jobs).
ii. Scope of the Evaluation
The Evaluation will be limited to determining whether the Employee can perform their Essential Job Function(s) or whether they pose a Direct Threat. The ADA Coordinator, in consultation with the E&MR Consultant, the Employee’s supervisor, and other appropriate individuals, will develop written questions for the health care provider to address in the Evaluation. The ADA Coordinator will provide these questions to the health care provider along with a copy of the Employee’s job description or a statement of the Employee’s Essential Job Functions, and a description of the circumstances leading to the Evaluation.
iii. Results of the Evaluation
Upon completion of the Evaluation, the health care professional will be asked to respond to the questions and to complete a Fitness for Duty Evaluation Form. In the Fitness for Duty Evaluation Form, the health care professional should select one of the following results of the Evaluation:
- Is Fit for Duty: The Employee is medically able to perform their Essential Job Functions without accommodations and/or the Employee does not pose a Direct Threat.
- Can be Fit for Duty: The Employee is medically able to perform their Essential Job Functions with accommodations, does not pose a Direct Threat if provided accommodations, and/or can perform their Essential Job Functions and/or not pose a Direct Threat if they satisfy other requirements.
- Is Not Fit for Duty: The Employee is not able to perform their Essential Job Functions with or without accommodations and/or the Employee poses a Direct Threat.
The responses to the questions and the Fitness for Duty Evaluation Form should be submitted by the health care provider to the ADA Coordinator. The ADA Coordinator will review these Evaluation results and, if necessary, consult with the health care professional.
iv. Post-Evaluation
If the Employee is Fit for Duty, the Employee will be allowed to return to work within three (3) business days.
If the Employee can be Fit for Duty, the Employee will be referred to the ADA Coordinator to determine what Reasonable Accommodations can be provided under the University’s Policy on ADA Reasonable Accommodations for Employees, Applicants and Visitors and/or to their E&MR Consultant to identify other requirements needed to make the Employee Fit for Duty. The Employee will be allowed to return to work upon establishment of those Reasonable Accommodations and/or other requirements. If the University determines that accommodations cannot reasonably be provided or if the requested accommodations would impose an Undue Hardship on the University, the Employee is Not Fit for Duty.
In circumstances involving an Employee with a Substance Use Disorder, a Last Chance Agreement may be required before the Employee is allowed to return to work.
If the Employee is Not Fit for Duty, the Employee will not be allowed to return to work. The E&MR Consultant and the Employee’s Benefits and Leave Consultant will discuss options for voluntary separation from the University with the Employee. If the Employee declines to seek a voluntary separation from the University, the Employee may be involuntarily separated from the University, consistent with applicable University Policies and Procedures.
Failure to Comply
An Employee who fails to undergo the Evaluation as directed or fails to adhere to any condition(s) of employment established as a result of the Evaluation, including failing to engage with any process to determine what accommodations or requirements may make the Employee Fit for Duty may not be allowed to return to work and may be subject to disciplinary action, up to and including separation from the University, consistent with applicable University policies and procedures.
Appeals
Employees may have an option to appeal the requirement of an Evaluation or any employment action resulting from the results of the Evaluation. For more information about possible appeal options, Employees should consult the applicable policy below.
- EHRA Non-Faculty Employees: For information about the EHRA Non-Faculty grievance process, consult the applicable policy on the UNC HR “Dispute Resolution & Grievances” web page.
- Faculty Employees: For information about the Faculty Grievance Committee or the Faculty Hearings Committee, consult the applicable policies on the UNC-Chapel Hill Faculty Handbook website.
- SHRA Employees: For more information about the SHRA grievance process, consult the applicable policy on the UNC HR “Dispute Resolution & Grievances” web page.
Confidentiality
Employee medical information obtained under this Policy will be maintained in separate files in the University’s Equal Opportunity and Compliance Office and will be treated as a confidential medical record. Information about necessary work restrictions or accommodations for the Employee may be shared with supervisors and managers on a need-to-know basis.
The University will comply with all relevant federal and state law related to the privacy of employee records.
Footnotes
1. If an employee is on FMLA leave, an employer may not request a second opinion with respect to a return-to-work determination.
Definitions
See Policy on Employee Fitness for Duty.
Related Requirements
For additional related requirements, see Policy on Employee Fitness for Duty.
Contact Information
Primary Contacts
Angenette McAdoo
Title: Senior Director
Unit: Employee and Management Relations, Office of Human Resources
Email: angenette_mcadoo@unc.edu
Phone: 919-962-9638
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