HR Reference Guide
COLLECTIVE BARGAINING AGREEMENTS
As of July 1, 2021, some State employees are covered under Collective Bargaining Agreements (CBA), see the Division of Human Resource Management, Labor Relations Unit page for more information. If you are in a job classification currently covered under a CBA, some of the terms and benefits of your employment may be different than the provisions outlined on this page. Please consult your CBA or agency's human resource for further information.
SEPARATION FOR PHYSICAL, MENTAL OR EMOTIONAL DISORDER
If an employee can no longer perform the essential functions of his or her position, with or without accommodation, an agency may proceed with a separation.
Click on below headings for more information on this topic
STEPS
Typically, the following steps are coordinated by an agency's human resources staff:
- Receive verification from a health care provider (the employee's or one paid for by the agency) that the employee's condition does not or is not expected to respond to treatment or that an extended absence from work will be required.
- Determine whether reasonable accommodation (e.g., leave, reassignment) can be made to allow the employee to perform his or her essential functions.
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- If the employee is receiving workers' compensation, instead, an evaluation of the employee's condition and services should be requested of a rehabilitation provider.
- Ensure that all reasonable efforts have been made to retain the employee.
- Verify that the employee is not on approved leave (e.g., FMLA, sick, annual, catastrophic).
- Refer the employee to Public Employees' Retirement System and verify that the employee does not qualify for or has refused disability retirement.
ADDITIONAL RESOURCES
ASSOCIATED TOPICS