VII. 708 - Life Threatening Illnesses in the Workplace
A staff member of Drury University shall not be permitted to work if he or she is known to be afflicted with, or liable to transmit, any contagious or infectious disease, unless the Director of Human Resources has determined, based upon medical evidence, that (1) the staff member is no longer infected or liable to transmit the disease, or (2) the staff member is afflicted with a chronic infectious disease that poses little risk of transmission in the school environment with reasonable precautions.
Any staff member with a chronic infectious disease who is permitted to work in a school setting must do so under specified conditions. Failure to adhere to the conditions will result in action to dismiss the staff member.
Staff members with a contagious or infectious disease have a right to privacy and a need for confidentiality. Only staff members who need to know the identity of condition of such staff members will be informed. Willful or negligent disclosure of confidential information about a staff member's medical condition will be cause for disciplinary action.
The university policy and procedures on communicable diseases among staff members will be made available to all staff members.
In the event a staff member is infected with a contagious or infectious disease, or if the President of the University, Vice President of Administration, or Director of Human Resources has a reasonable basis for believing a staff member's physical condition may pose a health risk to others, the staff member will be requested to undergo a medical examination by a physician mutually agreed upon by the staff member and the university to determine the nature of the staff member's health condition and the extent of the health risk to others. The staff member will be placed on medical leave (FMLA) in accordance with university policy until the case is disposed of under this policy. Refusal to submit to a medical examination will result in action to dismiss the staff member.
If the examining physician determines that the staff member is afflicted with an acute infectious disease of relatively short duration, the staff member will continue on FMLA, using accrued sick leave and/or leave without pay in accordance with university policy until a physician certifies that the staff member is no longer liable to transmit the disease.
If the examining physician determines that the staff member may be afflicted with a chronic infectious disease, the staff member will continue on FMLA using accrued sick leave and/or leave without pay in accordance with university policy until the following procedures have been concluded. The Director of Human Resources shall, within ten working days, request a team review and assessment of the staff member. The team shall be comprised of the following:
- The staff member
- The staff member's personal physician
- A public health physician designated or approved by the State Department of Health
- The Drury University Director of Human Resources
- Others mutually agreed upon
- Appropriate supervisor
The team will assess the staff member's medical condition and the risks of exposing others to the disease in the university work environment, and determine whether the staff member should:
- Continue with the current assignment with restrictions and conditions;
- Be reassigned to another position for which the staff member is qualified but which would involve less risk to himself and others;
- Be placed on sick leave, leave without pay or disability leave in accordance with university policy because the staff member is unable, at least temporarily, to perform the essential functions of his or her position or another for which the staff member is qualified;
- Be terminated because the staff member is physically incapacitated from performing duties for which he/she is qualified, or is unwilling to conform to restrictions and conditions of employment.
The team will also establish dates and/or conditions under which the staff member's status will be reviewed.
The determination of the team will be made within ten working days after the team is convened, with communication in writing to the staff member, the university President, appropriate Vice President, and the Vice President for Administration. The determination will be final unless reversed or appealed.
The staff member may appeal the determination of the team to the President of the University in accordance with policies and procedures for employment-related problem resolution, Section 710.
If a staff member with a chronic infectious disease is permitted to continue working:
- The Director of Human Resources will identify and notify those staff members and faculty members who need to know and inform them of the staff member's identity and conditions under which the person is continuing to work. Willful or negligent disclosure of confidential information by staff member will be cause for disciplinary action.
The Director of Human Resources, in consultation with a designated health professional, will develop safety, precautionary, and incident-reporting procedures and will ensure that the staff member and all staff members who have contact with the infected staff member are trained to implement them. Willful or negligent violation of safety, precautionary, and reporting procedures will be the cause of disciplinary action.