1. (a) An appointing authority shall not remove a full-time employee for reasons arising under this part unless the appointing authority:

   1. (1) Has obtained medical assessment information specified in Per 1004.02 indicating that the employee is physically or mentally unable to perform the essential functions of the position; or
   2. (2) The employee has failed to comply with any of the requirements specified in Per 1004.02 and has, as a result, created cause for disciplinary termination for cause in accordance with Per 1003.

2. (b) For the purposes of this part, medical assessment information may be obtained from any of the following sources:

   1. (1) Assessment information obtained through the fulfillment of the requirements specified under Per 1004.02(a) through (c);
   2. (2) A workers' compensation claim file or determination;
   3. (3) The medical certification required under the Family Medical Leave Act; or
   4. (4) A medical assessment provided in connection with a request from a qualified individual with a disability for a reasonable accommodation; or.
   5. (5) Assessment information obtained from the employee or otherwise lawfully provided to the appointing authority.

3. (c) Prior to removal of an employee in accordance with Per 1004, the appointing authority shall determine if any of the following adjustments can be made to allow the employee to avoid removal for non-disciplinary reason:

   1. (1) Amend the duties of the position to accommodate the employee's known medical condition, provided, however, that an amendment that alters the essential duties and responsibilities of the employee's position shall not be required or permitted except in accordance with Per 300;
   2. (2) Transfer the employee to a position for which the employee, with reasonable accommodation, is qualified; or
   3. (3) Demote the employee to a position for which the employee is qualified, with or without reasonable accommodation.
4. (d) If the appointing authority is unable to make a reasonable accommodation that will allow the employee to remain in a position within the agency, the appointing authority shall advise the employee in writing that the employee is being removed from the position for non-disciplinary reasons.
5. (e) Removal from employment under this part for non-disciplinary reasons shall not reflect discredit upon the prior service of the employee.

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