Overview

This section provides information on certain steps that may be taken to appropriately address the sensitive instances where employees may not be fit for duty.

Fitness For Duty

When a supervisor determines an employee may be physically or mentally unable to perform the duties of their position, the supervisor shall advise their department head, who will make a referral to the DOE Office of Medical Leaves and Records for medical examination per the provisions of Section 2568 of the NYS State Education Law, in order to determine the mental or physical capacity of such person to perform their duties.

An employee’s supervisor can make a referral for a medical examination, but the division head must sign off on the request. The employee is required to submit to the medical examination and is entitled to be accompanied by a physician or other person of their own choice. If the continued presence of the employee represents a potential danger to DOE employees, property or operations, the employee may be reassigned to an alternate location by DHR or placed on an immediate involuntary leave of absence. The department head and the Division of Human Resources (DHR) will be notified of the outcome. If the employee is found to be fit for duty, they will be returned to their position. If they are found not fit to serve, they may be placed on a leave of absence, removed from payroll, or evaluated for disability retirement.

Supervisors may contact the Office of Employee Relations for guidance before making a referral to the DOE Office of Medical Leaves and Records.

Section 2568 of the NYS Education Law

The superintendent of schools of a city having a population of one million or more shall be empowered to require any person employed by the board of education of such city to submit to a medical examination by a physician or school medical inspector of the board, in order to determine the mental or physical capacity of such person to perform his duties, whenever it has been recommended in a report in writing that such examination should be made.  Such report to the superintendent may be made only by a person under whose supervision or direction the person recommended for such medical examination is employed.  The person required to submit to such medical examination shall be entitled to be accompanied by a physician or other person of his own choice.  The findings upon such examination shall be reported to the superintendent of schools and may be referred to and considered for the evaluation of service of the person examined or for disability retirement.