Chapter 3 – Personnel, Training, and Employee Relations

31040.4.11 Medical Termination

• For an employee who, due to a disability or medical condition, has work restrictions that prevent him or her from performing the essential functions of his or her job, or any job in CDCRCalifornia Department of Corrections and Rehabilitation, either with or without a RA, and is not vested through CalPERS, or otherwise waives his or her right to disability retire, it is the policy of the CDCRCalifornia Department of Corrections and Rehabilitation to process a medical termination from State employment. This is an administrative action that separates an employee when all other medical options (e.g., RA, medical leave of absence provided under CFRA or FMLA, or disability retirement) have been exhausted, or discussed with the employee and determined inappropriate under the specific circumstances of the employee’s employment status and medical condition or disability.

• A medical termination shall be considered only if all of the following apply:

  • The employee can no longer perform the essential functions of his or her classification with or without a RA;

  • There are no funded, vacant positions in the employee’s current classification for which the employee is qualified and can perform the essential functions with or without a RA;

  • The employee is unable to perform the essential functions of any other position in the CDCRCalifornia Department of Corrections and Rehabilitation anywhere in the State, for which he or she meets the minimum qualifications, with or without a RA;

  • CDCRCalifornia Department of Corrections and Rehabilitation cannot provide a RA without undue hardship; and

  • The employee: is ineligible for, or waives the right to, disability retirement; refuses to cooperate when CDCRCalifornia Department of Corrections and Rehabilitation files for disability retirement on his or her behalf or has been denied disability retirement (after waiving or exhausting his or her appeal rights), and still refuses; or is unable, for medical reasons, to return to work.

• Prior to the HA serving a notice of medical termination on an employee, consultation with the EHW, Associate Director, or RTWSS Chief, shall occur, including the review of appropriate documentation (including, but not limited to, the employee’s request for RA, documentation of the interactive process, medical reports, and a list of essential functions of the employee’s job/position). OEW, in consultation with the OLAOffice of Legal Affairs, will draft the appropriate Notice of Medical Action – Termination document and forward it to the HA for finalization, signature, and service to the employee. This document shall give the employee written notice of the medical action and appeal rights, at least 15 calendar days prior to the effective date of the medical termination.