Library: Policy
OKDHS:2-1-18.1. Fitness for Duty
Issued 2-16-24
Oklahoma Human Services (OKDHS) is committed to providing a safe work environment. To honor this commitment, employees must be able to perform their job duties in a safe, secure, productive, and effective manner. Employees who are not fit for duty may present a safety hazard to themselves, to other employees, or to the public. This policy applies to all OKDHS staff.
(1). Purpose: The purpose of this policy is to establish procedures by which an evaluation should take place to determine an employee’s ability to perform essential work duties. Such an evaluation is warranted when an employee:
(a). is having difficulty or an inability to perform his/her essential work duties as observed by or reported to the employee’s supervisor; or
(b). appears to pose an imminent and serious safety threat to self or others based upon behavior observed by the supervisor or reliable information from credible sources reported to the supervisor
(2). Definitions. For the purposes of this policy, the underlined words and phrases shall mean the following:
(a). Fit for duty: the employee is able to perform the essential duties of his/her job, with or without an accommodation, in a safe, appropriate, and effective manner, and the employee does not pose a threat to the safety of himself/herself or others. The term “fitness for duty” is interchangeable, as appropriate, with “fit for duty”.
(b). Unfit for duty or not fit for duty: the employee does not meet the definition and standard of fit for duty.
(c). Licensed health care provider: a doctor of medicine or osteopathy, dentist, podiatrist, optometrist, nurse practitioner, or physician assistant who is authorized to practice under Oklahoma state law and who is performing within the scope of the practice as defined under state law.
(d). Licensed behavioral/mental health care provider: a clinical psychologist, licensed professional counselor (LPC), licensed behavioral health practitioner (LBP), licensed marriage and family therapist (LMFT), licensed clinical social worker (LCSW), or licensed alcohol and drug counselor with a mental health designation (LADC/MH) who is authorized to practice under Oklahoma state law and who is performing within the scope of the practice as defined under state law.
(3). Employee Responsibilities
(a). Employees are responsible for managing their physical and behavioral/mental health in a manner that allows them to safely perform their job responsibilities.
(b). Employees must report to work fit for duty and must perform their job responsibilities in a safe, secure, productive, and effective manner during the entire time they are working.
(c). Employees are responsible for notifying their supervisors when they are not fit for duty.
(d). Employees must respond appropriately to requests for fitness for duty examinations to include medical and/or behavioral/mental health information and certification regarding their ability to work or the need to work with accommodations. Responding appropriately includes, but is not limited to, obtaining requested medical exams, information, certification, or a statement from a licensed health care provider or licensed behavioral/mental health care provider with relevant information regarding the employee’s fitness, ability to work, and medical condition.
(4). Employer Responsibilities
(a). Supervisors are responsible for observing the attendance, performance, and behavior of the employees they supervise.
(b). Supervisors are responsible for following this policy’s procedures and all applicable laws when presented with circumstances or knowledge that indicate an employee may not be fit for duty.
(c). Supervisors, along with Human Resources Management (HRM), are responsible for ensuring that all requests for fitness for duty exams and medical information of employees are job related and consistent with business necessity.
(d). Supervisors are responsible for notifying the Office of Civil Rights (OCR) if an employee makes them reasonably aware of any medical issue or condition that might affect the employee’s performance of the essential functions of his/her job.
(5). Procedures
(a). The supervisor who observes or receives reliable and credible information that an employee may be unfit or unable to perform the essential duties of the position due to a physical or behavioral/mental health condition is expected to timely verify and document such observations or information on the prescribed agency form and subsequently contact HRM.
(b). Whenever possible, supervisors should offer an employee suspected of being unfit for duty the opportunity to explain why there is an apparent or perceived inability to perform the duties of the position. Such information is to be documented on the form as well by the supervisor. The completed form is then provided to HRM.
(c). HRM is then expected to verify and assess the employee’s behaviors or inability to perform the duties of the position. This assessment shall include a determination whether the employee should be immediately removed from the work site due to safety reasons.
(d). The employee’s supervisor and HRM shall remain mindful that the Americans with Disabilities Act (ADA) and/or the Family Medical Leave Act (FMLA) may be implicated and a medical condition or possible disability may be the cause of the employee’s inability to adequately perform the duties of the position.
(e). Based on the information available, HRM should consult with OCR and Legal Services for assistance in reviewing the information provided and determining:
(i) whether a fit for duty examination is warranted;
(ii) whether a reasonable accommodation is appropriate and can be provided that would allow the employee to perform the duties of the position; or
(iii) whether leave, and if so, what type, is needed during the fitness for duty determination process conducted by an appropriate licensed health care provider or by an appropriate licensed behavioral/mental health care provider. HRM will determine the type of leave to be utilized by the employee during this process.
(f). HRM will coordinate with the designated licensed health care provider or licensed behavioral/mental health care provider to ensure the provider is aware of the essential duties of the position; coordinate efforts to schedule and conduct the assessment; and obtain certification after an assessment that sufficiently indicates whether the employee is or is not capable of performing the duties of the position, with or without an accommodation.
(g). OKDHS will be responsible for the cost of a fitness for duty evaluation performed by a licensed health care provider or a licensed behavioral/mental health care provider designated by HRM. Provided, however, that an employee remains responsible for the cost of a fitness for duty evaluation from a provider of his/her choice in conjunction with a return-to-work certification pursuant to the FMLA.
(h). Based on the information provided by the licensed health care provider or licensed behavioral/mental health care provider, HRM will advise the supervisor whether or not the provider determined the employee is capable of returning to work and, if so, any conditions that may be necessary to return to work, including whether additional follow-up meetings are necessary. HRM, with consultation from OCR and the supervisor and/or the local administrator, will evaluate the employee’s ability to perform essential job functions, with or without an accommodation.
(i). Confidentiality of medical records: Any document containing medical information about an employee that is submitted to and/or received by OKDHS pursuant to this policy is considered a medical record and is regarded as confidential and will be maintained securely in a file separate from all other employee personnel records.
(i). Employee’s medical information can only be disclosed on a “need to know” business basis and disclosures will be limited to the minimum information necessary to accomplish the intended purpose of the disclosure
(ii). Supervisors may be informed regarding necessary restrictions on the employee’s work or duties and any necessary accommodations.
(iii). Medical information may be reviewed by decision makers and legal advisors throughout the process.
(iv). Under no circumstances will co-workers be provided confidential medical information about another employee including any reasonable accommodations made.
(j). Employees are responsible for providing their own transportation to and from the fitness for duty examination unless exigent circumstances exist.
(k). The employee must comply with all aspects of the fitness for duty and evaluation procedures, including furnishing necessary consent and release forms to the licensed health care provider or licensed behavioral/mental health care provider. Employees who refuse to follow these procedures, including failing to respond to an inquiry or refusing to submit to a lawful fitness for duty exam, may be subject to discipline pursuant to the agency’s disciplinary policy.
(l). In the event the fitness for duty exam or other medical information submitted indicates that the employee is not fit for duty or is otherwise not able to safely perform essential job duties, with or without accommodation, or poses a threat to self or others, any necessary action as determined by OKDHS, up to and including separation from employment, may be initiated.
(m). Application of this policy is not intended as a substitute for other OKDHS policies or procedures related to performance and conduct in the workplace, including, but not limited to, OKDHS:2-15-52 Workplace Violence and OKDHS:2-1-64.1 Drug and Alcohol Free Workplace/Drug and Alcohol Testing. Nothing in this policy will prohibit the agency from taking other appropriate disciplinary or administrative actions.
