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3161 Policy_Unrequested Medical Leaves of Absence

It is the policy of the Board of Education to protect students and employees from the effects of contagious
diseases and other circumstances which render professional staff members unable to perform their duties.
 
The District authorizes the Superintendent to place a staff member on unrequested leave of absence for physical or
mental inability to perform assigned duties in conformance with the law.
 
The Superintendent shall require that the staff member submit to an appropriate examination by a physician
designated and compensated by the District or a physician or health-care institution of the staff member's choice.
 
Where the healthcare provider designated by the District disagrees with the healthcare provider designated by the
staff member, the two (2) healthcare providers shall agree in good faith on a third impartial healthcare provider who
shall examine the staff member and whose medical opinion shall be conclusive and binding on the issue of
medical capacity to perform assigned duties. The expenses of a third examination shall be borne by the District.
 
If, as a result of such examination, the staff member is found to be unable to perform assigned duties, the staff
member shall be placed on leave of absence until proof of recovery, satisfactory to the Superintendent, is
furnished.
 
Should a staff member refuse to submit to the examination requested by the Superintendent such refusal shall
subject the staff member to disciplinary action.
 
The Board may designate any period of leave under this policy as qualifying leave under State and/or Federal
FMLA leave entitlement consistent with Policy 3430.01 as provided by law.
 
29 C.F.R., Part 1630
29 C.F.R. Part 1635
42 U.S.C. 12101 et seq., Americans with Disabilities Act of 1990
42 U.S.C. 2000ff et seq., The Genetic Information Nondiscrimination
 
Revised:  August 29, 2011
Revised:  January 24, 2011
Revised:  January 25, 2010
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Shari Weinstock,
Aug 29, 2011, 12:15 PM