BACKGROUND

The University is committed to providing a workplace that is conducive to a safe and healthy environment, supportive of our educational mission. Employees must be able to perform their job duties in a safe, productive, and effective manner. Employees who are not Fit for Duty may present a safety risk for themselves or others.

PURPOSE

To ensure the health and safety of individuals in the University community and others with whom they have contact.

DEFINITIONS

Fit for Duty: An employee is physically, mentally, and emotionally capable of performing their job responsibilities effectively and safely.

Fit for Duty Evaluation: A professional assessment of an employee’s physical, mental, and/or emotional capacities carried out by a licensed Health Care Evaluator to determine whether the employee is physically, mentally, and emotionally capable of performing their duties. This may include a “functional capacity evaluation” (FCE), which is a set of tests, practices, and/or observations that are combined to determine the employee’s ability to safely perform the physical and other demands of their specific job.

Health Care Evaluator: An independent, licensed, health care provider with appropriate expertise to conduct a Fitness for Duty Evaluation.

POLICY STATEMENT

The University may conduct a Fit for Duty Evaluation with an independent, licensed Health Care Evaluator, where such an exam is job-related and consistent with business needs. This includes, but is not limited to, situations where an employee:

• has observable difficulty performing their duties safely, which may include situations in which the employee appears to be impaired by drugs, alcohol, or other substances;
• is returning from an intermittent or block medical leave, where there is a reasonable basis to verify the necessity of the leave or of the ability of the employee to return;
• has observable difficulty performing the essential functions of their position; and/or
• poses an imminent or serious safety threat to self or others.

This policy is not a substitute for the University’s policies and protocols regarding sick or medical leave requests, workers’ compensation claims, or reasonable accommodations and may be in addition to benefits processing, as legally and/or contractually permitted.  It also is not a substitute for other University policies or procedures related to discipline, performance management, or prevention of violence in the workplace; nor is it a substitute for any requirements or regulations under the Connecticut Police Officer Standards and Training Council or Conn. Gen. Stat. § 7-291e, as may be amended from time to time, or other licensing boards.

Employee and Supervisor Responsibilities:

Employees:

• Must come to work Fit for Duty and must perform their job responsibilities throughout their workday.
• Must notify their supervisor as soon as possible if they feel they cannot safely perform their job. Employees are not required to disclose health-related information to their supervisor.
• Should notify their supervisor as soon as possible when they observe a co-worker acting in a manner that suggests the co-worker may be impaired or otherwise not Fit for Duty. If the supervisor is the individual of concern, the employee may inform the next level supervisor or contact Labor Relations at (860) 486-5684 or laborrelations@uconn.edu.
• Must provide relevant information or releases for medical records reasonably requested by the Health Care Evaluator conducting the Fit for Duty Evaluation.
• Must comply with authorized requests to submit to a Fit for Duty Evaluation. Non-compliance may constitute insubordination and result in disciplinary action, up to and including termination.

Supervisors:

• Are responsible for observing the attendance, performance, and behavior of employees under their supervision.
• Must follow this policy when presented with circumstances or knowledge indicating an employee may be not Fit for Duty.
• Must contact Employee Relations if they have a reasonable belief that an employee is unable to perform their job and may need a Fit for Duty Evaluation.
• Should contact the UConn Police Department first if there is an immediate safety concern or threat and thereafter make a referral to the Employees of Concern (“EOC”) Team. When there is not an immediate safety concern, the employee may nonetheless present a threat to themselves or others, make a referral to EOC.

Fit for Duty Evaluation:

• The Fit for Duty Evaluation will be conducted to determine whether the employee is physically, mentally, and emotionally capable of performing their job responsibilities effectively and safely. The Fit for Duty Evaluation is not for diagnosis or treatment.
• The examination may include medical testing, psychological testing, physical examination, or an FCE that may involve performance of actual physical tasks and duties.
• When the University requires a Fit for Duty Evaluation pursuant to this policy, the University shall select the Health Care Evaluator and bear the cost of the examination.
• Results from the University’s selected Health Care Evaluator shall be presumed valid. In case of significant disagreement or contradiction by the employee’s physician, the University may request another opinion, for which it will bear the cost.

Return to Work:

• The Health Care Evaluator will provide the appropriate University officials, including but not limited to Human Resources and Employee Relations, with a written report detailing the nature and extent of the employee’s functional limitations or restrictions concerning the employee’s ability to effectively safely perform the essential functions of their job, if any, and the expected duration of any such limitations.
• The Health Care Evaluator will make the final determination of an employee’s fitness for duty status based on their assessment of the employee and review of the essential functions of the employee’s position, based on their University job description and duties.
• The University must receive a written return to work/fitness for duty form from the Health Care Evaluator before the employee may return to work.
• Where applicable, Human Resources shall be consulted to facilitate the reasonable accommodation process. Nothing contained in this policy is intended to create a right to light duty work.
• If an employee is deemed unfit for duty, their employment status will be determined on a case-by-case basis in accordance with federal and state law, University policy and procedures, and any applicable collective bargaining agreement or employment contracts.

Confidentiality:

• Records of Fit for Duty Evaluations will be treated as confidential and will only be shared or used as permitted by law.
• Information concerning an employee’s fitness for duty will be shared only with those who need to know for legitimate business purposes. Typically, information available to the employee’s work unit after the Fit for Duty Evaluation will be limited to whether the employee is fit to resume their job duties and whether the employee needs specific reasonable accommodations, as determined by Human Resources.

ENFORCEMENT

Violations of this policy may result in appropriate disciplinary measures in accordance with University By-Laws, General Rules of Conduct for All University Employees, applicable collective bargaining agreements, and the University of Connecticut Student Code.

RESOURCES

Employee Assistance Program (EAP)
EAP Phone: (860) 679-2877, CT toll-free: 800-852-4392
Web: https://hr.uconn.edu/employee-assistance-program/
Provides confidential assessment and referrals for employees seeking assistance in dealing with alcohol and substance misuse.

If there is no emergency or imminent threat, employee concerns should be reported to Human Resources via laborrelations@uconn.edu.

If there is an imminent threat or an emergency situation, the University of Connecticut Police Department (UCPD) should be contacted immediately by dialing 911.

POLICY HISTORY

Policy created: 08/20/2024 (Approved by Senior Policy Council and the President)