| Nekoosa School District |
| Bylaws & Policies |
3161 - FITNESS FOR DUTY
It is the policy of the Board of Education to protect students and employees from the effects of contagious diseases and other circumstances which render professional staff members unable to perform their duties.
The Board authorizes the District Administrator to place a professional staff member on unrequested leave of absence for physical or mental inability to perform assigned duties in conformance with the law and consistent with the terms of the collective bargaining agreement.
The District Administrator shall require that the professional staff member to submit to an appropriate examination by:
| A. | a healthcare provider designated by the Board and compensated by the District; | |
| B. | a physician or health-care provider of the professional staff member's choice, provided such healthcare provider has been approved by the District; | |
| C. | or both. |
Where the healthcare provider designated by the Board disagrees with the healthcare provider designated by the professional staff member, the two (2) healthcare providers shall agree in good faith on a third impartial healthcare provider who shall examine the professional staff member and whose medical opinion shall be conclusive and binding on the issue of medical capacity to perform assigned duties with or without accommodation. The expenses of a third examination shall be borne by the District.
If, as a result of such examination, the professional staff member is found to be unable to perform assigned duties, the professional staff member shall be placed on leave of absence until proof of recovery, satisfactory to the District Administrator, is furnished.
Should a professional staff member refuse to submit to the examination requested by the District Administrator such refusal may subject the professional staff member to disciplinary action consistent with any applicable collective bargaining agreement.
The Board may designate any period of leave under this policy as qualifying leave under State and/or Federal FMLA leave entitlement consistent with Policy 3430.01 as provided by law.
111.32, et. seq, the Wisconsin Fair Employment Act
29 C.F.R., Part 1630
29 C.F.R. Part 1635
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
Revised 4/13/10
Revised 12/14/10
Revised 8/9/11
© Neola 2011