Ashtabula County Joint Vocational School District
Bylaws & Policies
 

4161 - UNREQUESTED LEAVES OF ABSENCE

It is the policy of the Board of Education to protect the students of this District from the influence of unfit classified staff.

The Board reserves the right to place a classified staff member on sick leave or suspend a classified staff member for physical or mental disability to perform assigned duties.

In the case of a classified staff member who, in the opinion of a supervisor, is unfit to work in this District by reason of physical or mental condition, the classified staff member will be offered the opportunity for a hearing which shall be conducted in accordance with law governing termination hearings.

If a classified staff member fails to comply with the Superintendent's recommendation or fails to request an appearance before the Board within the time allowed, the Board shall order the classified staff member to submit to an appropriate examination by a physician designated by the classified staff member and paid by the classified staff member, a physician designated by the Board and compensated by the Board, or by both a physician designated and compensated by the Board and a physician designated and compensated by the classified staff member.

Should the physician designated by the Board disagree with the physician designated by the classified staff member, the two (2) physicians shall agree in good faith on a third, impartial physician who shall examine the classified staff member and whose medical opinion shall be conclusive and binding on the issue of medical capacity to perform assigned duties. The expense of the third physician shall be borne by the Board.

If, as a result of such examination, the classified staff member is found to be unfit to perform assigned duties, s/he shall be placed on leave with such compensation to which s/he is entitled until exhaustion of accumulated sick leave or proof of recovery, satisfactory to the Superintendent, is furnished.

Should a classified staff member refuse to submit to an examination following the exhaustion of proper appeals, the Board shall consider the certification of charges for reasons of insubordination.

R.C. 3313.71, 3319.081, 3319.13 
A.C. 3301-83-07
Americans with Disabilities Act of 1990
42 U.S.C. 12101 et seq.
29 C.F.R. Part 1630