|The School Board of Miami-Dade County|
|Bylaws & Policies|
|Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.|
3161 - FITNESS FOR DUTY
If an instructional staff member is unable to perform essential functions of the position to which the staff member is assigned, with or without reasonable accommodations, the staff member will be offered the opportunity for a meeting to discuss these issues.
The Superintendent may require an instructional staff member to submit to an appropriate examination by a health provider designated by the School Board to determine whether or not the staff member is able to perform essential functions of the position to which the staff member is assigned, with or without reasonable accommodations. The Board shall pay any uninsured fees for such examinations.
The staff member shall execute a release that complies with the Health Insurance Portability and Accountability Act (HIPAA) to allow the report of the medical examination to be released to the Board/Superintendent and to allow the Superintendent to speak to the health care provider who conducted the medical examination for clarification. Refusal to submit to an appropriate examination or to execute the HIPAA release will be grounds for disciplinary action according to the terms of the applicable employee agreement.
Pursuant to State law, the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act (GINA), the results of the examination shall be treated as a confidential medical record and will be exempt from release, except as provided by law.
Upon the recommendation of the Superintendent and approval of the Board, an instructional staff member may be placed on a leave of absence related to fitness for duty. This leave shall be without pay but an employee may use available accrued leave. The Superintendent may also recommend the instructional staff memberís dismissal based upon the results of the medical examination.
The instructional staff member is entitled to a hearing as provided in Florida law or the applicable collective bargaining agreement.
42 U.S.C. 12101 et seq., Americans with Disabilities Act of 1990
42 U.S.C. 2000ff et seq., The Genetic Information Nondiscrimination Act
29 C.F.R. Part 1630
29 C.F.R. Part 1635