6140 Employment Medical Examinations

  • 2000                      6140

    Personnel

    SUBJECT: EMPLOYEE MEDICAL EXAMINATIONS

    Preemployment Medical Examinations

    In accordance with the Americans with Disabilities Act, as amended, the School District shall not require applicants for positions to undergo a medical examination prior to an offer of employment. Further, the District will shall not make inquiries of a job applicant as to whether the applicant is an individual with a disability or as to the nature or severity of a disability.

    However, the District may make preemployment inquiries into the ability of an applicant to perform job-related functions.

    Employment Entrance Examinations

    When such examination is made by the school physician/nurse practitioner the cost of such examination shall be borne by the District. A staff member, however, may elect to have a medical examination at his/her own expense by a physician of his/her own choice.

    The Board reserves the right to request a medical examination at any time during employment, at School District expense, in order to determine whether any employee can perform the essential functions of the position with or without reasonable accommodation.

    Annual or more frequent examinations of any employee may be required, when, in the judgment of the school physician/nurse practitioner and the Superintendent, such procedure is deemed necessary.

    All bus drivers shall have yearly physical examinations. Each bus driver initially employed by the School District shall have a physical examination within the four (4) weeks prior to the beginning of service. In no case shall the interval between physical examinations exceed a thirteen-month period.

    The final acceptance or rejection of a medical report with reference to the health of an employee lies within the discretion of the Board. The decision of the physician designated by the Board as the determining physician shall take precedence over all other medical advice.

    All medical and health related information will be kept in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

    Examinations and Inquiries

    Acceptable

    The District may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that work site. The district may make inquiries into the ability of an employee to perform job-related functions.

    Prohibited

    The District shall not require a medical examination and shall not make inquiries as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job related and consistent with business necessity.

    Americans with Disabilities Act Amendments Act (ADAAA) of 2008, Public Law 110-325) Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191 45 Code of Federal Regulations (CFR) Parts 160 and 164

    Education Law Sections 913 and 3624

    8 New York Code of Rules and Regulations (NYCRR) Section 156.3(2) 10 New York Code of Rules and Regulations (NYCRR) Part 14

    15 New York Code of Rules and Regulations (NYCRR) Part 6

    Adoption Date: 12/14/09