Fitness For Duty
- Americans with Disability Act
- Employee Assistance Program
- General Statement
- Management Referral
- Subsequent Fitness for Duty Exams
Loyola University full and part-time staff are expected to report for work fit for duty, which means able to perform their job duties in a safe, appropriate, and an effective manner free from the adverse effects of physical, mental, emotional and personal problems.
The purpose of this policy is to provide a safe environment and to protect the health and welfare of students, faculty, visitors, employees, and Loyola property.
Loyola encourages employees to seek assistance voluntarily, before job performance is affected. The Employee Assistance Program is designed to offer assessment, referral, and/or short term counseling for personal problems, including stress, depression, grief, family, financial, legal problems, drug addiction and alcoholism. EAP services are free and confidential in accordance with state and federal law.
- Medical Records (including Emergency Room records/charts) and EAP records are protected by state and federal confidentiality laws and Loyola policy. The medical record of fitness for duty examination will be maintained in the offices of Occupational Health or another medical provider. EAP records will be maintained in EAP offices. Employee medical records and EAP records will not be released to unauthorized personnel without the employee.s written consent or subpoena in accordance with state and federal laws.
- Job performance and behavior on the job are not protected from disclosure by state or federal laws or Loyola Policy.
- Employee health benefits can be used to help pay for medical, psychological and chemical dependence treatment in accordance with the individual.s choice of health plan. Employees are expected to follow treatment recommendations. The employee is responsible for payment of treatment.
- Use of accrued time off will be in accordance with Loyola policy.
It is an employee.s responsibility to report to work fit for duty and be able to perform his/her job duties in a safe, appropriate, and effective manner free from the adverse effects of physical, mental, emotional and personal problems. If an employee experiences any of these problems, he/she is encouraged to voluntarily seek assistance before his/her job performance is adversely affected.
Employees voluntarily seeking assistance for physical, mental, emotional, and/or personal (including controlled substance, drug and alcohol abuse/addictions) before their work performance is adversely affected, will not have their employment status jeopardized for seeking assistance.
- Management Personnel Responsibility
Management personnel are responsible for monitoring the attendance, performance, and behavior of their employees including those on-call. When an employee.s performance and/or behavior (including the odor of alcohol or possible use of any illegal substance) appears to be unsafe, ineffective and/or inappropriate, it is every mangager's responsibility to challenge the employee.s behavior and the ability to function, remove the employee from the job, refer the employee for a Fitness for Duty exam immediately, and conduct appropriate follow up.
Due to the safety issues involved, supervisors have a special responsibility to implement this policy in a consistent and fair manner.
* When any manager or their designee observes an employee who is not performing his/her job safely, appropriately, and effectively, or an odor of alcohol is present, or whose behavior is inappropriate, that manager is to remove the employee from her/his duty immediately and call Campus Human Resources to continue the Fitness for Duty procedure. (Note: During off-shifts contact Campus Security 86039.) The employee will be referred to a medical provider for a fitness for duty exam.
The Fitness for duty evaluation may include testing for chemical (e.g. alcohol and drug) levels, referral for psychiatric evaluation or any other evaluation or follow-up deemed necessary.
* The manager or designee must document the reasons for the fitness for duty request by recording the employee's behavior and noting the names of any witnesses who observed that behavior on the Fitness for Duty documentation form. Documentation must be submitted to Human Resources by the next business day.
* The employee is required to cooperate fully with the manager and medical personnel. The employee must sign consent forms for both the fitness examination and communication of its results in confidence to EAP, Occupational Health, or another medical provider. Refusal to cooperate will be considered insubordination and will be grounds for disciplinary action. The employee should be suspended pending investigation, which could result in termination.
* Medical personnel will advise Campus Human Resources if the employee is fit or not fit for duty. The medical results of the fitness for duty exam will be communicated to Occupational Health, (or its designate) and EAP.
* If medical personnel determine that the employee is FIT FOR DUTY, the employee must contact Human Resources on the next general business day (M-F), and the manager in consultation with Human Resources will determine discipline in situations where misconduct has occurred.
* If medical personnel determine that the employee is NOT FIT FOR DUTY:
- The manager makes every effort to arrange for safe transportation home for the employee, including contacting Security if necessary.
- The employee must contact Human Resources, on the next general business day (M-F).
- The manager, in consultation with Human Resources, will determine discipline in situations where misconduct has occurred.
- The manager, in consultation with Human Resources and the EAP Manager and the treatment provider where appropriate, determines return to work conditions.
- If returning to work, the employee must interview with EAP, Occupational Health, or Student Health.
* If an employee has cooperated in the fitness for duty examination and is in compliance with recommendations for medical, psychological, and/or chemical dependency treatment (including continuing care or aftercare, and random drug and alcohol testing if appropriate), the employee may be returned to the job provided appropriate discipline, if warranted, has been administered, and subject to all other Human Resources policies.
Conditions for return to work will be determined by the department manager in consultation with EAP, Occupational Health (or a designate) and Human Resources.
- Occupational Health Services or another medical provider determines fitness for duty in order for the employee to return to work. The employee must consent in writing for the treatment provider to confirm treatment compliance with EAP. EAP will notify the manager and Human Resources, of compliance only, not the condition being treated.
- The employee must consent to communication from EAP and Occupational Health (or designate), to Human Resources and the department manager in order to determine return to work conditions, for example, limited or light duty, part-time, or no conditions.
- If results (findings) of the investigation indicate misconduct which would result in termination, and the employee has been determined to be not fit for duty by medical personnel, Human Resources, the manager and EAP may decide to put the termination "in abeyance" (postpone action on it, for a period of time.) The employee will be required to meet certain conditions to return to work. Those conditions will be defined in a Return to Work Agreement which will include the recommendations for aftercare by the treatment facility, and regular ongoing contact with the EAP. If the employee does not meet the return to work conditions, termination of employment will result.
Dependent upon the reason for the fitness exam, employees who violate this policy a second time may be subject to progressive discipline, up to and including termination of employment.
Loyola will provide reasonable accommodations for otherwise qualified disabled individuals in accordance with the Americans with Disabilities Act of 1993, and as amended.