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DBBC-AP: Fitness for Duty

Purpose

The West Fargo Public School District is committed to protecting all educators, learners, and visitors. This policy provides criteria for identifying and intervening when individuals may no longer be able to perform the essential functions of their positions with or without accommodation.   

Definitions

Direct threat – a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodations, determined through an individualized assessment using current medical knowledge and objective evidence (considering duration, nature/severity, likelihood, and imminence of potential harm). 

Fitness for duty - the employee’s ability to perform the essential functions of the position, with or without reasonable accommodation, in a manner that does not pose a direct threat to the health or safety of the individual or others.  

Objective evidence – specific, factual observations or reliable information (i.e., what was seen, heard, measured, or documented) showing that (a) an employee may be unable to perform one or more essential job functions, or (b) the employee may pose a direct threat due to a medical condition. Rumors, assumptions, or knowledge of a diagnosis without performance/safety impact is not objective evidence. 

Physical/Mental evaluation - a medical or psychological examination by a District-designated clinician that may be required only when job-related and consistent with business necessity, supported by objective evidence, and narrowly tailored to determine whether the employee can perform the essential functions of the position or poses a direct threat. The District pays the cost.  

Physical/Mental certification - a document from a medically appropriate, licensed provider attesting to an employee's fitness for duty following a medical absence when requested. The allowable costs to obtain the certificate are paid by Workforce Safety & Insurance for work-related injuries, and by the employee and if applicable, the employee's health insurance, for absences which are not work-related.  

Responsibilities

Employees are responsible for reporting to work fit for duty and notifying their supervisor when not fit for duty. When observing an employee who may not be fit for duty, the observing employee should make the notification to their building administrator or department director. Reports must describe objective, job-related observations (i.e., what was seen/heard, dates/times, tasks affected, and any safety impact) and must not include medical diagnoses or speculation. 

Procedures  

Return from Medical Absence (non-FMLA) 

For non-FMLA medical absences, the District may require documentation from the employee’s provider confirming the employee’s ability to resume duties and any restrictions. Human Resources, with input from the supervisor if appropriate, will determine whether the employee can perform the essential functions with or without reasonable accommodation. 

Managing Return from FMLA Leave 

  • Restoration: The District will restore the employee to the same or an equivalent position, subject to the key-employee and “no greater right to reinstatement” rules.”  

  • Periodic status reports: Reasonable nondiscriminatory status updates may be required while on FMLA; if the employee gives unequivocal notice of intent not to return, the District’s obligations to maintain benefits and to restore employment cease (subject to COBRA/other agreements). 

  • Fitness-for-duty certification (FFD): The District requires an FFD from the employee’s health provider, applied uniformly to similarly situated roles. If the certificate must address essential functions, the District will provide the employee with a current essential functions list with the FMLA Designation Notice and state that the certificate must address them. Second/third opinions are not permitted for FMLA FFD. The District may delay restoration until a required FFD is received.  

  • Intermittent/reduced schedule: For FMLA taken intermittently or on a reduced schedule, the District may require an FFD no more often than once every 30 days and only when reasonable safety concerns arise regarding the condition. 

  • Key employee exception: If designated a key employee and if restoration would cause substantial and grievous economic injury, the District may deny reinstatement after timely written notice of the designation and consequences, and a reasonable opportunity to return. 

  • Layoff/termination during FMLA: An employee on FMLA has no greater right to reinstatement than if continuously employed. The District may deny restoration if it documents that the employee would not otherwise have been employed at the time of reinstatement is requested (e.g., bona fide RIF, elimination of position, discharge for reasons unrelated to FMLA).  

Observed Concern / ADA Exam Track 

If an employee is observed or reported to be unfit for duty, or self-reports unfitness, the employee’s supervisor will consult Human Resources and complete the Fitness for Duty Assessment Checklist. Human Resources may require a District-paid fitness-for-duty (FFD) exam only where there is objective evidence, and the exam is job-related and consistent with business necessity. Any exam will be narrowly tailored to the job concern and limited to determining whether the employee can perform essential functions or poses a direct threat. The District may place the employee on paid administrative leave pending the evaluation and outcome. 

Decisions and Next Steps (Accommodation before separation) 

The District does not require employees to be “fully healed.” If limitations are identified, Human Resources will engage in a timely, good-faith interactive process to identify reasonable accommodations (which may include temporary leave or job restructuring). If no effective accommodation exists in the current position without undue hardship, the District will consider reassigning to another position for which the employee is qualified. Separation from employment will be considered only after completing this process and documenting that no reasonable accommodation (including reassignment) is available. 

Regulated/Safety Sensitive Roles and Periodic Exams  

For positions subject to federal or state medical certification requirements (e.g., DOT regulated CDL roles), the District will follow those regulations. Any uniform, periodic exams in safety sensitive job categories will be job related, uniformly applied to the category, and narrowly tailored to the risks assessed. 

Provider Requests: Essential Functions & GINA Safe Harbor  

All requests to providers (FMLA FFD or District directed exams) will include an up-to-date essential functions list, will state the specific job-related concern the exam must address, and will include the GINA safe harbor notice asking providers not to include genetic information or family medical history. 

Confidentiality and Records  

All medical information will be maintained confidentially in separate medical files. Supervisors and managers will receive only the information necessary to implement work restrictions or accommodation. 

Medical Documentation Integrity 

Submitting falsified or altered medical documentation is prohibited and may result in discipline up to and including termination, consistent with District policy and applicable procedures. 

Adopted: 01/27/26
Reviewed: 
Revised: