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Policy No. 1106
Effective Date: 01/05/12
Revised Date: 11/03/15
Reviewed Date: 12/10/13

Fitness for Duty Policy

Purpose

1.1 To protect the employee and the campus community by requiring medical certification of fitness for duty when an employee is absent from work due to a medical condition or is otherwise not fit to work.

1.2 To provide managers and supervisors with guidance and practical steps for evaluating an employee's fitness for duty when an employee is:

1. Demonstrates observable difficulty performing work duties safely for themselves, others, or properly, as determined by the supervisor;
2. Posing an imminent and serious safety threat to self or others; or
3. Is being hired into or employed in a safety/health-sensitive, security-sensitive, or health care position.

Scope

2.1 The fitness for duty policy applies to all University employees.

Basis of the Policy

3.1 The University of Nebraska Medical Center is committed to providing a safe workplace and to protecting the health and safety of students, faculty and staff, visitors and University property. To maintain a safe working environment, employees must be able to perform their job duties in a safe, secure, productive, and effective manner, and remain able to do so throughout their entire work period. Employees who are not fit for duty may pose a safety risk to themselves, others, and University property.

Authorities and Administration

4.1 The Assistant Vice Chancellor and Executive Director of Human Resources is responsible for the administration, implementation, and maintenance of the fitness-for-duty policy at the campus level.

Policy

5.1 Employees' Responsibilities:

1. Fit for Duty - Employees must report to work fit for duty and remain fit for duty throughout their work shift.
2. Reporting Personal Impairment - Employees must notify their manager/supervisor if they are not fit for duty.
3. Reporting Concerns About Others - Employees must notify their manager/supervisor if they observe a coworker who may be unfit for duty. If the concern involves the supervisor, employees may contact an upper-level manager or Human Resources – Employee Relations at 402-559-4371 or 402-559-1237 or employeerelations@unmc.edu.
4. Pre-Employment Fitness Requirements - Prospective employees for safety/health-sensitive, security-sensitive, or health care positions must pass a pre-employment fitness for duty test/physical test. Offers of employment will be rescinded if the candidate fails the fitness test or tests positive for drugs.
5. Drug Testing - Employees pass a drug test when there is reasonable suspicion of impairment. Failure or refusal to take the test may result in corrective and disciplinary action up to and including separation.
6. Return from Medical Leave - Employees returning from a medical leave (or 5 or more consecutive sick leave days) are required to provide a medical provider’s note confirming fitness to return to work. A Fit-for-Duty Form may be provided to the employee by Human Resources – Employee Relations. Failure to submit the provider’s note may delay the return to work and may result in disciplinary action.

5.2 Managers/Supervisors' Responsibilities:

1. Monitoring Employees - Observe and document the attendance, performance, and behavior of employees they supervise.
2. Responding to Fitness-For-Duty Concerns - Follow established policy and procedures when circumstances or information indicate that an employee may be unfit for duty. Fit-for-Duty Observation Checklist, UNMC Reasonable Suspicion of Impairment Determination and Testing Guidelines.
3. Consistency and Privacy - Apply Fitness-for-Duty procedures in a fair and consistent manner, while respecting employee privacy and the confidentiality of medical information as defined in Neb. Statute 48-1906.
4. Return from Medical Leave - Coordinate with Human Resources – Employee Relations when an employee is returning from medical leave.

Notice of Non-Discrimination

Please see UNMC's Notice of Non-Discrimination regarding the University of Nebraska Medical Center's commitment to creating a diverse and inclusive working and learning environment free from discrimination and harassment.

Additional Information

• Contact Human Resources - Employee Relations at 402-559-8534.
• UNMC Policy No. 1003, Drug Free Campus
• UNMC Policy No. 1098, Corrective and Disciplinary Action
• UNMC Procedures No. 1003, Drug Free Campus
• UNMC Procedures No. 1098, Corrective and Disciplinary Action
• UNMC Procedures No. 1106, Fitness for Duty
• Corrective and Disciplinary Action Form
• Fitness for Duty Certification Template

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