When an employee cannot be reasonably accommodated in his or her current position, federal and state laws require non-competitive transfer to a vacant position (that is at or below the employee’s current level) be considered barring undue hardship. Prior to transfer or reassignment to a vacancy, it must be determined that the employee is qualified for the position and can perform the essential functions of the position with or without reasonable accommodation. The essential functions of the position are generally duties included in the position description for the vacancy. A review of the position description may be required in order to incorporate all current duties. These regulations also require consideration of a voluntary demotion and/or a part-time position, with termination being the last resort. Note that campus policy and disability discrimination laws require the following efforts be exhausted PRIOR to consideration of Reassignment as an Accommodation:
Qualified individuals with need for proper accommodation
An employee who cannot be accommodated in his or her current position will be advised of the Reassignment as an Accommodation process by the DDR and should be referred to the OED Disability Coordinator/Employment, Classified Human Resources (CHR) Director or Academic Personnel Office Director (APO) (or designee) if there are questions about this process.
If an employee has filed an appeal under Section VII of the Classified Staff Disability Accommodation Policy or Section VII of the Academic Staff Disability Accommodation Policy regarding a disability accommodation decision, the employee may request the Reassignment as an Accommodation process be suspended. The DDR will consider a suspension of the Reassignment as an Accommodation process upon written request by the employee and after consultation with the OED Disability Coordinator/Employment.
The following procedures should be used AFTER it has been determined that the employee currently is able to work but cannot be accommodated in his or her current position.
The DDR, working with the appointing authority, will notify the employee in a letter that his or her employment has been terminated under one of the following conditions:
Copies of the termination letter will be provided to the Director of CHR/APO (or designee) and the OED Disability Coordinator/Employment. At the time of termination, the employee will also be informed of possible reinstatement eligibility opportunities.
The employee may request to use the balance of any sick leave hours for which the employee is eligible prior to termination of the employee’s position. The use of other accrued paid leave is up the discretion of the employing unit.
04/01/2004, 08/01/2008, 02/01/2013