Chapter 3 – Personnel, Training, and Employee Relations

31040.4.7.1 Fitness for Duty

• The purpose of a Fitness for Duty Evaluation is to determine the employee’s capability of performing the essential function(s) of his or her position and classification through a medical or mental health examination mandated by the HA, and performed by a Board certified physician. The results of this evaluation will be used to determine whether the employee has limitations on his or her ability to perform the essential function(s) of the employee’s position, or any other position in CDCRCalifornia Department of Corrections and Rehabilitation. (Government Code, Section 19253.5.)

• Any Fitness for Duty Evaluation processed by CDCRCalifornia Department of Corrections and Rehabilitation must be job-related and consistent with a business necessity. The evaluation must be limited to determining whether there are functional limitation(s) that require(s) RA.

• A Fitness for Duty Evaluation shall be considered, in consultation with OEW, for various reasons, including, but not limited to, the following:

  • The employee refuses to consent to communications between the RTWCReturn To Work Coordinator and his or her health care provider or to provide the requested medical documentation;

  • The employee’s health care provider refuses to review the list of essential functions and provide written documentation of the employee’s work restrictions;

  • Evidence that the employee with a disability has exhausted leave under the CFRA and/or FMLA, WCA, or other federal, State, or employer leave provisions, but is still unable to perform the essential functions of his or her position with or without a RA;

  • Evidence from a third party, or information from the employee directly, that, due to medical or psychological limitations, he or she cannot perform the essential function(s) of his or her position with or without a RA;

  • The employee displays behavior that causes a safety or security concern for himself or herself, and/or the staff, inmates, wards, or parolees;

  • The employee or employee’s health care provider(s) submits insufficient medical information, after requests from the RTWCReturn To Work Coordinator to the employee or his or her health care provider(s);

    • Sufficient medical information should include: documentation of the existence of functional limitations affecting the employee’s ability to perform the essential functions of his or her position; the need for a RA; the estimated duration of the RA; and the health care provider’s expertise to certify the employee’s functional limitations or need for a RA;

  • The medical documentation is not from a health care provider with the expertise to certify the employee’s functional limitations or need for a RA;

  • Conflicting or disputed medical information is received from health care providers or experts;

  • Indication that the medical documentation is fraudulent; or

  • The employee is not treated by a health care provider, as defined in Section 31040.4.3.9.

• Prior to ordering a Fitness for Duty Evaluation on an employee, approval must be obtained from the EHW, Associate Director, who will review the information submitted by the HA justifying the need for the Fitness for Duty Evaluation. The HA must be able to articulate the reasons for the evaluation that:

  • Are job related; and

  • Indicate the employee may jeopardize the safety or security of the institution, facility or program; or

  • Create a credible question about the employee’s ability to perform the essential functions of their job, with or without a RA.

• After the HA, in consultation with OEW, approves the Fitness for Duty Evaluation, the local RTWCReturn To Work Coordinator shall work with the OEW to procure the Fitness for Duty Evaluation provider.

• Upon receipt of the Fitness for Duty Evaluation report, the HA and designated institution staff (i.e. RTWCReturn To Work Coordinator or designee) shall consult with the assigned OEW Liaison Analyst, Manager, and EHW, Associate Director, along with the assigned OLAOffice of Legal Affairs Attorney, if necessary, to analyze and discuss the findings, a possible plan for the employee’s return-to-work, or other options as follows:

  • Resuming the interactive process discussions with the employee and reviewing available options;

  • Identifying if the employee needs an accommodation; or

  • If the employee is unable to return-to-work to his or her classification with or without a RA, a transfer, demotion, disability retirement, or termination shall be explored, and appropriate action shall be taken, consistent with Government Code, Section 19253.5.