I. Summary
An employee, as applicable, who becomes disabled may be reassigned to an open position for which the employee qualifies, and may be considered for open positions over non-disabled applicants, generally for a period of 90 calendar days. When an employee becomes unable to perform the essential duties of their currently held position as a result of a covered disability, the Santa Cruz campus is committed to providing services to assist the employee with securing a new position. Any employee who becomes disabled may be reassigned to an active, vacant position as a reasonable accommodation to provide the employee with the opportunity to be reassigned to an alternative position.
II. Medical Separation – UCRP Disability Income
I. Summary
A regular status employee, as applicable, who becomes unable to perform essential functions of his or her position with or without reasonable accommodation, due to a disability, may be separated. Medical separation may be based on the employee’s receipt or approval of disability payments from a retirement system to which the University employee contributes, such as UCRP or PERS, and confirmation from the Disability Management Coordinator that the Interactive Process has been completed or that the employee has waived the Interactive Process.
II. Authority
A medical separation may be based on: (a) the employee’s receipt or approval of disability payments from a retirement system to which the University contributes, such as UCRP or PERS and (b) a written review by the Disability Management Coordinator, or appropriate representative, determining through the Interactive Process that no reasonable accommodation exists without causing undue hardship. (Employee may waive the Interactive Process.) The AVC of Staff Human Resources has responsibility for making the final determination regarding appropriateness of medical separation.
III. Criteria
Medical separation due to receipt of UCRP disability income may be considered only after the employee receives or is approved for disability payments and appropriate leave benefits, the Interactive Process and attempts at reasonable accommodation have been exhausted.
IV. Process Overview
- Retirement Counselor notifies the Employee and Labor Relations (ELR) Analyst of employee’s approval to receive UCRP disability income and the effective date, once it has been confirmed with the Disability Management Coordinator that the Interactive Process has been completed. (Employee may waive the Interactive Process)
- The Employee & Labor Relations Analyst (ELRA) prepares the Notice of Intent to Medically Separate letter for Unit Head’s signature and mails it to the employee, with appropriate attachments and Proof of Service form.
- The Employee has the right to respond to the notice orally or in writing within the time period designated in personnel program or bargaining agreement.
- If the employee responds, the ELRA consults with the Disability Management Coordinator and the AVC of Staff Human Resources, to obtain a determination as to whether medical separation is still appropriate. If it is not appropriate, an alternative course of action will be determined.
- The ELRA prepares Notice of Medical Separation letter for Unit Head’s signature and mails it to employee, if the employee’s response date designated in the Intent to Medically Separate letter has passed and the employee has not responded or if the employee has responded timely and it is determined that medical separation is still appropriate.
- The SHR Service Operations Specialist processes termination paperwork, PPS and Last Day activities.
- The Employee receives the notice, completes termination paperwork, submits it to appropriate offices, and returns all UC property to the supervisor or appropriates offices.
- The Disability Management Coordinator sends the employee a letter explaining the Special Re-employment process upon receipt of the Notice of Medical Separation.
III. Medical Separation – Non UCRP Disability Income
I. Summary
A regular status employee, as applicable, who becomes unable to perform essential functions of his or her position with or without reasonable accommodation, due to a disability, may be separated. Prior to medical separation, the University will engage in the Interactive Process in accordance with the provisions of Staff Policy 81 – Reasonable Accommodation. An employee separated under this policy is eligible for Special Re-employment procedures at UC Santa Cruz.
II. Authority
The AVC of Staff Human Resources has responsibility for making the final determination regarding appropriateness of medical separation.
III. Criteria
Medical separation may be considered only after entitled leave benefits, the Interactive Process and attempts at reasonable accommodation have been exhausted and should be considered the final step in the disability management process.
For work related disabilities, medical separation generally will not occur until after all Extended Sick Leave benefits, for which the employee may be eligible, have been exhausted and normally will not occur until the employee’s disability is considered permanent and stationary.
IV. Process Overview
An employee with a disability may be separated from the University if the impairment prevents safe and effective performance of the essential functions of the employee’s position, with or without reasonable accommodation. Medical Separation will generally occur after efforts to provide reasonable accommodation are unsuccessful.
Departments and employees can consult with the Disability Management Coordinator at any step of the process.
- The Unit Head completes and submits the Request for Medical Separation form to the Disability Management Coordinator.
- The Disability Management Coordinator analyzes the Request for Medical Separation form, prepares a Review of Request for Medical Separation form and Summary of Reasonable Accommodation Assessment report.
- The Disability Management Coordinator forwards the medical separation documents to Labor Relations, Risk Services, and the ADA Compliance Officer or designated representatives for review.
- Labor Relations, Risk Services, and ADA Compliance Officer designated representatives review the medical separation documents and if in disagreement with the Disability Management Coordinator’s recommendation, notifies the DMC within 7 working days of issuance of report.
- The Disability Management Coordinator reviews responses from the ADA Compliance Officer, Risk Services, and Labor Relations or designated representatives and notifies the Employee & Labor Relations Analyst (ELRA) of the final determination and provides copies of the medical separation documentation.
- The Employee & Labor Relations Analyst (ELRA) prepares the Notice of Intent to Medically Separate letter for the Unit Head’s signature and mails it to the employee, with appropriate attachments and Proof of Service form, if medical separation is approved.
- The Employee has the right to respond orally or in writing within the time period designated in personnel program or bargaining agreement.
- If the employee responds, the ELRA consults with the Disability Management Coordinator and the Staff Human Resources Director to obtain a determination as to whether separation is still appropriate. If it is not appropriate, an alternative course of action will be determined.
- The ELRA prepares Notice of Medical Separation letter for Unit Head’s signature and mails it to employee, if the employee’s response date designated in the Intent to Medically Separate letter has passed and the employee has not responded or if the employee responded timely and it is determined that medical separation is still appropriate.
- The SHR Service Operations Specialist processes termination paperwork, PPS and Separation Date activities.
- The Employee receives written notice, completes termination paperwork, submits it to appropriate offices and returns all UC property to the supervisor or appropriate office.
- The Disability Management Coordinator sends the employee a letter explaining the Special Re-employment process upon receipt of the Notice of Medical Separation.
IV. Related Policies, Contract Articles and References
- Personnel Policies for Staff Members (PPSM) – employees not covered by a collective bargaining agreement:
- PPSM 81- Reasonable Accommodation Policy and Procedures
- PPSM 20.A – Recruitment and Promotion
- Contract Agreements – employees covered by a collective bargaining agreement