1. (a) If an appointing authority determines based on a good faith basis that, pursuant to Per 1004.01, a full-time employee or part-time employee might need to be removed for non-disciplinary reasons, the appointing authority shall provide written notice to the employee informing the employee that:

   1. (1) The employee is facing possible non-disciplinary termination;

   2. (2) The employee shall provide the appointing authority with a written assessment from the employee's licensed health care practitioner detailing:

      1. a. The employee's general state of health related to performing the essential functions of the position; and
      2. b. The specific nature of any relevant injury, illness, disability, or condition which may affect the employee's ability to perform all of the essential functions of the position; and
   3. (3) Failure to provide a medical assessment or any information required under this section may result in disciplinary action in accordance with Per 1003 unless the employee is able to prove they attempted to comply with the request.

2. (b) Upon receipt of a written notice as described in Per 1004.02(a), the employee shall provide the appointing authority with:

   1. (1) The name and address of the employee's licensed health care practitioner; and
   2. (2) A signed statement authorizing the release of assessment information from the licensed health care practitioner to the appointing authority concerning the employee’s illness or impairment as that illness or impairment relates to the employee’s ability to perform the essential functions of the position.

3. (c) Upon receipt of a signed release, the appointing authority shall, within 10 business days, provide the following information to the employee and the employee’s licensed health care practitioner:

   1. (1) The employee's broad group specification;
   2. (2) The employee's supplemental job description;
   3. (3) The employee's work schedule;
   4. (4) A written description of the employee's work location; and
   5. (5) A written description of the employee's work environment.

4. (d) The appointing authority shall require the employee to submit to an independent medical examination if:

   1. (1) The appointing authority determines that the information supplied by the employee’s licensed health care practitioner is unresponsive, incomplete, or otherwise insufficient for the appointing authority to determine if the employee is fit to perform the essential functions of the position; or
   2. (2) The appointing authority has a reasonable belief that, despite the information supplied by the employee’s licensed health care practitioner, the employee might not be fit to perform the essential functions of the position. The basis for such belief shall be stated in a notice provided to the employee in accordance with (e), below, and shall include but not be limited to incidents documented by the employee’s supervisor demonstrating an inability to perform the essential functions of the position.

5. (e) When the appointing authority determines that an independent medical exam is necessary, the appointing authority shall:

   1. (1) Provide written notice to the employee stating:

      1. a. That the employee is required to submit to an independent medical examination;
      2. b. The reasons for requiring the independent medical examination, as specified in (d), above;
      3. c. A proposed date and time for the independent medical examination to be performed, if it has already been scheduled;
      4. d. That if the independent medical examination has not already been scheduled or, if the employee cannot appear at the scheduled time, the employee shall work cooperatively with the supervisor to schedule a mutually agreeable time for the independent medical examination to be performed; and
      5. e. That failure to appear at an independent medical examination may result in disciplinary action in accordance with Per 1003;
   2. (2) Bear the full cost of an independent medical examination performed pursuant to this part;
   3. (3) Consider the employee’s appearance at a scheduled independent medical examination to be time worked; and
   4. (4) Not cause the employee to suffer a loss of pay or leave for purposes of the examination or while waiting for said examination.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15; renumbered by #14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-35