Evaluation of the Ability to Perform Essential Job Functions (Draft)

The original policy can be found at https://cam.illinois.edu/policies/hr-30/

Purpose

While respecting academic freedom, shared governance, and other rights stemming from the University Statutes, the University has a responsibility to ensure that qualified academic staff members teach courses and perform administrative functions without disruption either to the education of students or to the academic and administrative activities of others. This policy recognizes that occasionally the job performance or personal conduct of an academic staff member may give rise to a reasonable belief, based on objective evidence, that a physical or mental condition impairs the academic staff member’s ability to perform essential job functions or poses a direct threat to the safety of the academic staff member or others. This policy establishes the rights and obligations of both the employer and a member of the academic staff in such situations, as well as attending to the rights of those served by the University.

Scope

This policy is applicable to the academic staff of the University as defined in Article IX, Section 3(c) and 4(a) of the University of Illinois Statutes, including faculty and academic professionals. The procedures are not intended to prevent an academic staff member or the employer from pursuing actions provided by unit bylaws (if any), other University procedures, or applicable state or federal law.

This policy does not apply to civil service staff. For concerns regarding employees not covered under this policy, contact Illinois Human Resources – Labor and Employee Relations (IHR-LER).

Definitions

Essential Functions means the basic job duties an employee must be able to perform, with or without reasonable accommodation. The term essential functions does not include the marginal functions of the position. A job function may be considered essential for several reasons, including:

• The position exists to perform that function.
• There is a limited number of employees available to perform that function.
• The function requires highly specialized skills or credentials, which the employee possesses.

Direct Threat means a significant risk of substantial harm to health or safety that cannot be eliminated or reduced by reasonable accommodation. Assessment of direct threat requires reasonably available, objective evidence of the duration of the risk and the nature, severity, likelihood, and imminence of the potential harm.

Objective Evidence means observable, reliable information self-disclosed by the academic staff member, directly observed by the employer, and/or credibly obtained from a third party, considering the relationship between the third party and the academic staff member, the possible motivation of the third party, how the third party learned the information, and any other factors relevant to the reliability of the provided information. Third parties may include university employees, students, and other persons.

Policy

Pursuant to Article IV, Section 1(j) and (k), of the University of Illinois General Rules, an academic staff member of the University may be required to be examined by appropriate licensed/certified healthcare professional(s) designated by the University to determine the academic staff member’s ability to perform assigned duties and responsibilities. Such an evaluation may be required when the Office of the Provost (for faculty) or IHR-LER (for academic professionals) receives notice from the academic staff member’s unit executive officer and determines that the academic staff member’s job performance and/or personal conduct gives reasonable cause to believe that a physical or mental condition adversely affects the academic staff member’s ability to perform essential functions or poses a direct threat to the academic staff member or others. Prior to evaluation, the University must attempt to resolve the problem at the level at which the academic staff member carries out their primary professional duties, normally the unit in which they are appointed.

The academic staff member shall incur no loss of pay or benefits while the evaluation process is underway until and unless official action is taken to alter the academic staff member’s employment status. The costs of the exams by the healthcare providers designated by the University will be borne by the University, and not by the academic staff member.

If the outcome of the evaluation is Able to Perform Essential Functions with Limitations or Unable to Perform Essential Functions, the University and the employee shall engage in the interactive process to identify potential reasonable accommodations, pursuant to the University Reasonable Accommodations Policy.

Nothing in this policy overrides rights provided to academic staff by the University’s Statutes, unit bylaws, or other applicable contracts or policies, including the right to grieve or appeal the application of this policy under applicable grievance procedures and the University Nondiscrimination Policy.

Procedures

1. 1. Process: A unit executive officer may request that this policy be invoked for a particular member of the academic staff by notifying the vice provost for faculty affairs or IHR-LER of the facts supporting a need for an evaluation. The vice provost/IHR-LER shall review the request ensuring that the unit executive officer has documented 1) a concern about the academic staff member’s ability to perform their essential functions, 2) that the unit executive officer or their designee has reported concerns to the Threat Assessment Team, if appropriate under the Campus Threat Assessment Policy, 3) that the unit and the academic staff member have been involved in efforts to resolve the concern, 4) that a satisfactory resolution has not been achieved, and 5) that the unit executive officer has a reasonable belief, based on objective evidence, that a physical or mental condition impairs the academic staff member’s ability to perform essential job functions or poses a direct threat.

If the vice provost/IHR-LER concurs that an evaluation is appropriate, the vice provost/IHR-LER will take the following steps:

1. 1. Advise the unit executive officer on the assembly and preparation of background documents necessary for the evaluation.
   2. Inform the academic staff member in writing that an evaluation is required and provide information on the academic staff member’s and employer’s rights and obligations under this policy. The academic staff member may be placed on paid administrative leave during the time of the evaluation.
   3. Prepare a list of at least three appropriate healthcare professionals not affiliated with the University for the evaluation process. The academic staff member shall select the healthcare professionals to perform the evaluation from the list. If the academic staff member has not selected the healthcare professional(s) to perform the evaluation within ten business days following receipt of the list of healthcare professionals, the University will select the healthcare professional(s) to perform the evaluation and inform the academic staff member of the selection.
   4. Schedule the evaluation and inform the academic staff member of the time and place of the required evaluation. An academic staff member’s failure to take the required evaluation shall be addressed under Article IV, Section 1(k), of the University of Illinois General Rules.
   5. Receive and forward to the unit executive officer and academic staff member a report specifying the focus, the method, and the conclusion of an examination, relative to the academic staff member’s ability to perform their essential functions. The evaluation will conclude whether the academic staff member is Able to Perform Essential Functions without Limitation, Able to Perform Essential Functions with Limitations, or Unable to Perform Essential Functions.
   6. May ask the healthcare professional to consider additional information or questions that may be relevant. The vice provost/IHR-LER may request an evaluation from another healthcare professional, at the University’s expense, repeating the process outlined above. If the academic staff member requests an additional evaluation, it shall be provided at the academic staff member’s expense.
2. Outcome of the Evaluation:

Able to Perform Essential Functions without Limitation: If the evaluation determines that the academic staff member is able to perform their essential functions without limitations or does not pose a direct threat, the vice provost/IHR-LER will notify the academic staff member and the unit executive officer.

Able to Perform Essential Functions with Limitations: If the evaluation determines that the academic staff member is able to perform their essential functions with limitations, the vice provost/IHR-LER will notify the academic staff member, the unit executive officer, and the Office for Access & Equity (OAE) Employee Accommodations to begin the interactive process and the provision of any reasonable accommodations.

Unable to Perform Essential Functions: If the evaluation determines that the academic staff member is not able to perform their essential functions or poses a direct threat, the vice provost/IHR-LER will notify the academic staff member, the unit executive officer, OAE Employee Accommodations, and Illinois Human Resources, to begin the interactive process and consideration of reassignment to an equivalent, vacant position. Other available options may include application for disability benefits through SURS, leave of absence without pay, use of paid leave benefits, resignation, initiation of dismissal procedures, or other solutions. The Office of the Provost/IHR-LER will consult and work with the unit regarding the workload implications of these decisions.

1. 1. 1. Return to Work: If the evaluation results in a finding that the academic staff member is Unable to Perform Essential Functions and the academic staff member takes a leave of absence or uses paid leave benefits, a follow-up evaluation at the University’s expense will be required to certify the academic staff member’s ability to return to work, following the process described in 1(c)-(f) above.

3. Confidentiality and Access to Information: Reports and other information about the evaluation and any follow-up treatments shall be kept confidential by the vice provost/IHR-LER and will not be included in the academic staff member’s personnel file. Upon written request, the academic staff member may inspect report(s) by designated healthcare professional(s). The vice provost/IHR-LER will provide those in the academic staff member’s reporting chain with only that information necessary for the proper supervision of the academic staff member. In the event of the initiation of an appeals process, the hearing group will be provided access to any materials related to the evaluation after agreeing to maintain the confidentiality of the information.

Assistance

For questions about this policy, please contact:

Office of the Provost
217-366-6677
provost@illinois.edu

IHR – Labor & Employee Relations
217-333-3105
ihr-ler@illinois.edu