Section Per 1003.03 - Removal(a) An appointing authority shall not remove a full-time employee under the provisions of Per 1003 until the appointing authority has obtained medical assessment information indicating that the employee is physically or mentally unable to perform the essential functions of the position.(b) For the purposes of this part, medical assessment information may be obtained from any of the following sources:(1) Assessment information obtained through the fulfillment of the requirements specified under Per 1003.02(a) through (c);(2) A workers' compensation claim file or determination;(3) The medical certification required under the Family Medical Leave Act; or(4) A medical assessment provided in connection with a request from a qualified individual with a disability for a reasonable accommodation.(c) Prior to removal of a qualified employee with a disability under the provisions of Per 1003, the appointing authority shall determine if any of the following adjustments can be made to allow the employee to avoid removal for non-disciplinary reason(s): (1) Amend the duties of the position to accommodate the employee's known medical disability, provided, however, that such amendment does not alter the essential duties and responsibilities of the employee's position;(2) Transfer the employee to a position for which the employee is qualified, with or without reasonable accommodation, which will not require removal under the provisions of Per 1003; or(3) Demote the employee to a position for which the employee is qualified, with or without reasonable accommodation, which will not require removal under the provisions of Per 1003.(d) If the appointing authority is unable to make a reasonable accommodation which will allow the employee to remain in a position within the agency, the appointing authority shall advise the employee in writing that the employee is being removed from the position for non-disciplinary reasons.(e) Removal from employment under this part shall not reflect discredit upon the prior service of the employee.N.H. Admin. Code § Per 1003.03
(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.