Ohio Administrative Code
Title 3349 - Northeast Ohio Medical University
Chapter 3349-8 - Policies for Unclassified Hourly Employees and Classified Civil Service Employees
Section 3349-8-52 - Involuntary disability separation

(a) The employee is hospitalized at the time such action is taken,

(b) The employee has exhausted available disability leave benefits, or

(c) Substantial credible medical evidence already exists that documents the employee's inability to perform the essential job duties.

(a) The appointing authority may require that an employee submit to medical or psychological examinations for purposes of disability separation or a reinstatement from disability separation. The appointing authority shall select one or more licensed practitioners to conduct the examinations.

(b) Prior to any examination, the appointing authority will supply the licensed practitioner with facts relating to the alleged disabling illness, injury or condition. The appointing authority will also supply physical and mental requirements of the employee's position, duty statements, job classification specifications, and position descriptions.

(c) Both the appointing authority and the employee shall receive the results of any examination and related documents unless a physician, psychiatrist, or psychologist determines for the university that the disclosure of the information is likely to have an adverse effect on the employee, in which case the information shall be released to a physician, psychiatrist, or psychologist who is designated by the employee or by the employee's legal guardian.

(d) Except as provided in paragraph five of this rule, the appointing authority shall pay the cost of the examinations.

(e) An employee's refusal to submit to an examination, the unexcused failure to appear for an examination, or the refusal to release the results of the examination amounts to insubordination, punishable by the imposition of discipline up to and including removal. An employee will be responsible for the costs associated with an unexcused failure to appear at a scheduled examination.

(a) At the time the appointing authority provides the involuntary disability separation order to the employee, the appointing authority shall notify the employee of the procedures required to apply for reinstatement. The effective date of separation, for purposes of reinstatement, shall be the date the employee was no longer performing in active work status due to the disabling illness, injury or condition. An employee who has been involuntarily disability separated is not prohibited from applying for disability leave benefits.

(b) An employee may be reinstated if the total time of absence due to the disability illness, injury or condition does not exceed two years from the date of separation.

(c) If an employee attempts to return to work but fails to perform the essential job duties for six consecutive months, the employee's effective date of separation does not change unless a subsequent related disability that occurs while the employee is participating in an authorized work program will be considered the same disability. Benefits may be payable from the first day of the subsequent disability if the employee remains disabled and off work for at least fourteen consecutive calendar days. The rate of payment for a related disability will be based on the rate of the original disability claim.