Library: Policy

OKDHS:2-1-11.1 Medical termination when an employee cannot perform the essential functions of the position without a reasonable accommodation

Issued 6-3-22

Employees who are unable to perform the essential functions of their position, with or without a reasonable accommodation, due to a medical condition or disability may be terminated.  This personnel action is not discipline and is not subject to requirements outlined for discipline.

(1) When an employee has a medical condition that qualifies under the Family and Medical Leave Act (FMLA) as outlined in OKDHS:2-1-47 Family and medical leave, his or her supervisor gives the employee Form 11PE073E, Notice of Eligibility and Rights and Responsibilities FMLA.  Once the employee has submitted the proper documentation and has been approved for FMLA, he or she is allowed to take appropriate leave for such a qualifying condition.  When the employee has been approved for FMLA and the reason for the leave qualifies, leave up to the maximum allowed by law cannot be denied.

(2) An employee may submit a request for reasonable accommodations per Oklahoma Administrative Code (OAC) 340:1-11-41 to Oklahoma Human Services (OKDHS) Office for Civil Rights (OCR) for review and processing. 

(3) When it is determined that an employee can no longer perform the essential duties of their position, with or without an accommodation, or when the employee refuses any reasonable accommodation, then OKDHS takes necessary steps to separate the employee including termination.