Section Per 1003.02 - Request for Assessment Information(a) When an appointing authority believes that, pursuant to Per 1003.01, a full-time employee might need to be removed for non-disciplinary reasons, the appointing authority shall:(1) Inform the employee in writing that the employee shall be required to provide the appointing authority with a written assessment from the employee's licensed health care practitioner detailing: a. The employee's general state of health related to performing the essential functions of the position; andb. The specific nature of any relevant injury, illness, disability or condition which may affect the employee's ability to perform all of the essential functions of the position. (b) Upon receipt of a written notice as described in Per 1003.02(a), the employee shall provide the appointing authority with:(1) The name and address of the employee's licensed health care practitioner; and(2) A signed statement authorizing the release of assessment information from the licensed health care practitioner to the appointing authority concerning the employee's illness or impairment as that illness or impairment relates to the employee's ability to perform the essential functions of the position.(c) Upon receipt of a signed release, the appointing authority shall be responsible for providing the following information to the employee and the employee's licensed health care practitioner: (1) The employee's class specification;(2) The employee's supplemental job description;(3) The employee's work schedule;(4) A written description of the employee's work location; and(5) A written description of the employee's work environment.(d) The appointing authority shall inform the employee in writing that failure to comply with the request for a medical assessment described in Per 1003.02(b)(2) may result in disciplinary action as provided in Per 1002.(e) If the appointing authority determines that the information supplied by the employee's licensed health care practitioner is unresponsive to the assessment request, the appointing authority shall arrange to have an independent medical assessment of the employee performed.(f) When the appointing authority determines that an independent medical exam is necessary, the appointing authority shall: (1) Bear the full cost of an independent medical assessment performed pursuant to this part;(2) Ensure that appearance at a scheduled independent medical assessment shall be deemed a work assignment;(3) Ensure that the employee shall not suffer a loss of pay or leave for the purposes of the assessment; and(4) Inform the employee that failure to appear at a scheduled independent medical assessment performed pursuant to this part may be considered failure to comply with the legitimate directives of a supervisor and may subject the employee to disciplinary action as provided in Per 1002.N.H. Admin. Code § Per 1003.02
(See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06
Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.