Southern Local School District
Administrative Guidelines
 

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 unwell employees. The Board has reserved the right to place an employee on unrequested leave or sick leave or retire an employee for physical or mental disability who is unable to perform their assigned duties.

In the case of a staff member who, in the opinion of the Superintendent, is unfit to work in this District by reason of physical or mental condition, the following procedure shall be followed:

 A.The Superintendent shall present to the Board reasons for questioning the physical condition of the employee. The Board may transfer the employee upon the recommendation of the Superintendent.
 B.Should the Board determine that the reasons given constitute sufficient cause to order the employee to be examined, it shall give written notice of the reasons and an opportunity for the employee to appeal before the Board within ten (10) days to explain or refute the reasons.
 C.Should the employee choose to accept that offer, the appeal shall be conducted in accordance with any negotiated agreement and the following rules:
  1.Staff members may be represented by counsel or an individual of the employee's own choice.
  2.Staff members may present witnesses on their behalf.
  3.Witnesses need not present testimony under oath and will not be subject to cross-examination.
  4.Witnesses may be called individually and excused after making their statement.
  5.The hearing will be privately held.
 D.The Board does not consider an appeal for reasons of health to be an adversary meeting, rather the staff member is provided an opportunity to convince the Board that it made an incorrect determination by requesting said examination.
 E.Should the Board, following the appeal (if requested by the employee) order an examination, said examination may be conducted by a physician designated by the employee and paid by the employee or by a physician designated by the Board and paid by the Board, or by both.
 F.Should the physician designated by the Board disagree with the physician designated by the employee, the two physicians shall agree in good faith on a third impartial physician who shall examine the employee and whose medical opinion shall be conclusive and binding on the issue of medical capacity to perform assigned duties. The expenses of a third examination shall be borne equally by both parties.
 G.If as a result of such examination, the employee is found to be unfit to perform assigned duties, the employee shall be placed on sick leave with such compensation to which s/he is entitled until proof of recovery, satisfactory to the Board, is furnished.
 H.Should an employee refuse to submit to examination following the exhaustion of proper appeal, the Board shall consider termination for reasons of insubordination.