Personnel Policies and Union Contracts

UC/ACBCTC Agreement

---

ARTICLE 21

MEDICAL SEPARATION

1. GENERAL CONDITIONS
   1. An employee in the bargaining unit who becomes unable to perform the essential assigned functions of his/her position due to any disability or other medical condition may be medically separated pursuant to this article. Prior to medical separation the UNIVERSITY will determine what accommodations, if any, will be reasonably provided. An employee in the unit who is medically separated is eligible for special reemployment procedures as set forth in paragraph E., below. Except by mutual consent, an employee in the unit shall not be medically separated under this Article while on any authorized leave of absence.
   2. Except as provided in paragraph C., below, a medical separation shall be based on:
      1. A UNIVERSITY statement describing the essential functions the employee in the unit is not performing satisfactorily; and
      2. any medical or other pertinent information provided by the employee, the employee's licensed health practitioner, the UNIVERSITY's physician or any other appropriate UNIVERSITY officials.
   3. A medical separation may be based on the receipt of long term disability payments from a retirement system to which the UNIVERSITY contributes, such as UCRS or PERS.
2. PROOF OF DISABILITY
   Proof of the employee's disability is required and is subject to verification by the UNIVERSITY. When the UNIVERSITY requests a medical opinion as verification of disability, the UNIVERSITY shall pay the reasonable costs of the medical examination(s) requested.
3. NOTICE OF INTENT TO MEDICALLY SEPARATE
   1. A written notice of intent to medically separate shall be given to the employee either by delivery of the notice to the employee in person, or by placing the notice of intent in the U.S. mail, first class postage paid, in an envelope addressed to the employee at the employee's last known home address. Proof of service shall accompany the notice of intent. The notice shall:
      1. inform the employee of the action intended, the reason for the action, and the effective date of the action; and
      2. inform the employee of the right to respond and to whom to respond within ten (10) calendar days from the date of issuance of such notice of intent, in accordance with the instruction given by the UNIVERSITY in the written notice provided to the employee.
   2. After review of the employee's timely response, if any, the UNIVERSITY shall notify the employee of any action to be taken. An effective date of separation shall be at least ten (10) calendar days from the date of issuance of the notice of intention to separate (pursuant to paragraph C., above) or timely receipt of the employee's response, if any, whichever is later.
4. REEMPLOYMENT
   1. For a period of one (1) year following the date of medical separation, a medically separated employee may be selected for a position within the unit without the requirement that the position be publicized. However, if the former employee is receiving disability benefits from a retirement system to which the UNIVERSITY contributes, the period shall be three (3) years from the date benefits commenced. In order to be eligible for rehire under this article, the medically separated employee must provide medical certification from a UNIVERSITY-approved medical physician describing in detail the medically separated employee's ability to return to work.
   2. If a non-probationary permanent employee separated under this article is reemployed within one (1) year, a break in service does not occur. If a non-probationary permanent employee is receiving disability payments from a retirement system to which the UNIVERSITY contributes and is reemployed within three (3) years, a break in service does not occur.
      

---

Return to UC Berkeley Crafts Contract Table of Contents