Elk Grove USD | BP 4219.41 Personnel
Employees With Infectious Disease
The Board of Education encourages each employee to inform the district of any illness which represents a handicap as soon as an individual learns of his/her condition. 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 significantly endangers his/her health or safety or the health or safety of others.
(cf. 4261.1 - Personal Illness/Injury Leave)
No employee will be discriminated against because of his/her disability. Legal protections established for disabled persons extend to individuals significantly impaired by infectious diseases.
(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 4030 - Nondiscrimination in Employment)
When informed that an employee has a disabling infectious disease, the Superintendent or designee may request that the employee sign a release form to provide confidential medical information and records pertinent to the diagnosis.
In determining a reasonable accommodation of the employee's condition, the Superintendent or designee may consult with public health officials or physicians with expertise in the diagnosis and treatment of infectious disease. The Superintendent or designee may also communicate with the employee's physician regarding the employee's ability to perform the essential requirements of the job with reasonable accommodation and without posing significant health or safety risks to the employee or others.
The Superintendent or designee shall prepare a confidential report which includes his/her recommendation and the medical information upon which it is based. These recommendations shall take into consideration:
1. The nature of the disease and the probability of its being transmitted, including the duration and severity of the risk.
2. The physical condition of the employee, including diagnosis, treatment, and prognosis of the condition.
3. The actual requirements of the employee's job and the expected type of interaction with others in the school setting.
This report shall be forwarded to the Board for confidential review and action.
The condition and job assignment of an employee with a disabling infectious disease shall be reevaluated whenever there is a change in medical knowledge or in the employee's medical regimen or health which might affect his/her assignment.
The Board and the Superintendent or designee shall ensure that all employee rights to confidentiality are strictly observed. The district shall disclose medical record information only to the extent required or permitted by law. The medical records of any employee with a disabling infectious disease shall be held in strict confidence.
HEALTH AND SAFETY CODE
CODE OF REGULATIONS, TITLE 2,
7293.5 et seq.
UNITED STATES CODE, TITLE 29
701-797a Rehabilitation Act of 1993
UNITED STATES CODE, TITLE 42
School Board of Nassau County, Fla. v. Arline, 408 U.S. 273 (1987)
Department of Fair Employment and Housing v. Raytheon Company FECH Dec. No. 83-12, May 28, 1987
Chalk v. U.S. District Court
840 F2d. 701 (9th Cir.) 1988
Policy ELK GROVE UNIFIED SCHOOL DISTRICT
adopted: September 18, 1989 Elk Grove, California
amended: July 6, 1992
amended: July 1, 2002