4019.41 – Personnel – All Personnel – Employees with Infectious Disease

Policy – x
Regulation –
Exhibit –

Adopted – 1/4/1996
Revised –
Policy Statement

The Governing Board encourages employees to inform the district of any illness which represents a disability as soon as the employee learns of his/her condition. No employee who is otherwise qualified to work may be discriminated against because of his/her disability. Legal protection established for disabled persons extend to individuals significantly impaired by infectious diseases, including Section 504 of the Rehabilitation Act of 1973.

The Board desires to accommodate the needs of such individuals. The Board may reassign or grant disability leave to an employee who is unable to perform his/her job responsibilities because of illness or whose illness endangers his/her health or the health of others.

Medical Review

When informed that an employee has a contagious disease, the Superintendent shall request that the employee sign a release form to provide confidential medical information pertinent to his/her ability to work. With the employee’s consent, the records will be provided to a medical review panel.

The Superintendent shall then convene the medical review panel, which shall consist of a public health physician who possesses expertise in the diagnosis and treatment of infectious disease, the employee’s physician, the employee and/or employee representative, and the Superintendent or designee. No exclusion from or modification in the employee’s job duties or assignments shall be made without an assessment on a case-by-case basis, by the medical review panel.

To determine whether the employee should continue working in his/her present capacity, including whether the employee can perform the essential requirements of the job with reasonable accommodation and without posing a significant health risk to others, the panel shall weigh the following factors:

1. The most current medical information regarding the condition of the employee.

2. The nature of the disease and the probability of its being transmitted, including the duration and severity of the risk.

3. The physical condition of the employee, including diagnosis, treatment and prognosis of the condition.

4. The requirements of the job and the expected type of interaction with others in the school setting.

A report containing the panel’s assessment shall be forwarded to the Board for review and final action.

The condition and job assignment of the employee shall be reevaluated on a regular basis. The review panel shall reconvene whenever there are changes in the state of medical knowledge about the disease or changes in the employee’s medical regimen or health status which might affect his/her assignment.

Confidentiality

Unless the employee’s consent to disclose medical information has been obtained, confidentiality of the employee’s condition and identity shall be strictly maintained. No employee shall be compelled to disclose medical information protected by Health and Safety Code section 199.20-199.21, which prohibit unauthorized disclosure of any information which would identify an individual as one who has or is subject to a blood test for the probable causative agent of AIDS.

CIVIL CODE 56-56.37 GC 12900-996; HEALTH 7 SAFETY CODE 199.20-199.27; CODE OF REGS, Reviewed: 11/95
TITLE 2 7293.5; REHAB ACT OF 1983, 29 U.S.C. 701; AMER DISAB ACT 42.
CSBA Date – 12/91

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