IV.E. Employee Benefits
IV.E.1. Comprehensive Benefits
IV.E.1.01 Benefit Plan
The System, through the State of Texas and administered through the Employee Retirement System of Texas (ERS) provides all eligible employees with a comprehensive benefit plan to include medical, dental, long and short-term disability, life insurance, retirement plans, premium conversion option, flexible spending accounts, and deferred compensation plans.
The State of Texas has qualified the plans under Section 125 of the Internal Revenue Code. The State of Texas reserves the right to amend, modify or terminate its welfare and benefit plans at any time and for any reason.
All full-time employees are eligible to participate in the medical plan beginning the first day of the month following a 90-day waiting period. Optional benefits, such as dental, term life insurance, accidental death and dismemberment insurance, and long-term disability are available the first day of employment.
Detailed information on the premium conversion and flexible benefits account plans and options eligibility will be made available to all employees by the Human Resources Department upon enrollment.
Employees, spouses, and dependents covered by the State's health benefit plans will be notified of their right to continue health insurance coverage in certain situations, including lay-off, discharge or reduction in hours of employment and separation or divorce, as required by law.
The State reserves the right to amend, alter, or terminate its benefit plans.
LSCS will pay from local funds the full costs to continue the health insurance benefits for a retiring, through voluntary retirement or loss of election, board member who has served as a member of the LSCS Board of Trustees for ten (10) or more years and, as of the date of his or her departure, is at least fifty-five years old.
IV.E.1.04 Payment of Health Insurance Benefits - Board Members
The System is authorized to pay from local funds the premium costs for members of the Board of Trustees who were appointed or elected, and enrolled in the health insurance plan, prior to September 1, 2003.
IV.E.1.05 Continuation of Group Insurance Benefits
Group medical/dental benefits and other insurance plans will remain in effect during periods of leave without pay if the employee is on Family Medical Leave. During these periods of leave the employee must pay all premiums for health insurance, including the dependent and employee coverage cost usually paid by the System.
Participation in the Tex-Flex dependent care and medical care reimbursement plan by employees enrolled in the plan shall remain in effect for the plan year.
An employee who is receiving workers' compensation benefits and who has exhausted all available leave shall be placed on leave without pay.
The System shall continue to make all benefit contributions for the employee. The employee shall be responsible for all premium contributions for eligible covered dependents.
During any period that an eligible employee takes unpaid Family Medical Leave, the System shall continue the employee's coverage under the group health plan for the duration of the leave at the level and under the conditions coverage would have been provided if the employee had continued on active duty with the System. In order to continue dependent medical coverage, the employee must pay the dependent coverage premiums.
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008
IV.E.2.01 Social Security and Medicare
LSCS will deduct from wages of designated employees any amounts of social security tax required by federal law. All employees must make contributions to Medicare in accordance with federal law. Federal law provides that certain employees who were hired on or before March 31, 1986, and who have remained continuously employed by the System may be exempt from making contributions to Medicare.
IV.E.2.02 LSCS Benefit Plans
LSCS participates in the health insurance and retirement benefits plans of the State of Texas, administered by the Texas Employees Retirement System of Texas (ERS) and the Texas Employees Group Benefits Program (GBP). The benefits offered and an employee's eligibility to participate in the ERS benefits plans are established by the Texas Employees Group Benefits Act, as amended, from time to time, and regulations adopted by the legislature and ERS.
IV.E.2.03 Retirement Benefits
Every employee of the System is required to be enrolled in a qualified retirement plan beginning with the first day of employment. The Board of Trustees shall not require retirement of any employee on the basis of age. Both the System and each employee are required to contribute a specified percentage of the employee's monthly gross salary to the appropriate retirement account. The employee contribution will be through payroll deduction. Employees who are active retirees in the Social Security system are ineligible to participate in any retirement plan.
IV.E.2.04 Teacher Retirement System (TRS)
All full-time personnel, except those employees enrolled in the Optional Retirement Program, shall be members of the Teacher's Retirement System of Texas.
Benefits payable upon the death or retirement of an employee and any restrictions or limitations upon participation in the retirement system will be in accordance with the Teacher's Retirement System of Texas (TRS).
An employee participant with TRS will have vested rights after five (5) years of employment.
An employee participant with the ORP shall be responsible for selecting an approved ORP provider and will have vested rights after one year and one day of employment. Failure to complete the sign-up process for ORP will cause an employee to permanently lose the option to participate in ORP during his or her employment with any agency in Texas Public Higher Education, and the employee will be automatically enrolled in TRS.
All employees not eligible for TRS or ORP (with the exception of current social security retirees) will be required to participate in TIAA-CREF a qualified defined contribution retirement plan. The employee, through payroll deduction, will contribute a percentage of salary and shall have immediate vesting rights.
If an employee terminates employment from the System for any reason, he or she may withdraw the TlAA-CREF deposits made plus any interest earned on such deposits in accordance with State and Federal regulations.
All full-time and part-time employees are eligible to participate in the System's Optional Tax Deferred Annuity (TDA) Compensation Plan. An employee participating in the Plan shall be responsible for selecting a TDA provider approved by the System. Each contribution is subject to current federal tax law limitations.
All fulltime employees are eligible to participate in the system approved 457 plans. An employee participating in the plan shall be responsible for selecting an approved provider. Each contribution is subject to current federal tax law limitations.
Retirement from employment with the System will occur when an employee elects retirement under the provisions of the Teacher Retirement System (TRS) or Optional Retirement Program (ORP), or meets the conditions for disability retirement established by the State of Texas.
The System shall provide retirees with such benefits as established by the Texas Employees Group Benefits Program.
An employee who is re-employed following retirement must be enrolled in the TIAA-CREF retirement plan unless the employee has also retired from Social Security.
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008
All absences from work shall be reported to and approved by the employee's immediate supervisor in accordance with the policies and procedures of the System. Any employee who is absent from work without approved leave, and without appropriate notification to his or her supervisor, shall forfeit compensation and shall be subject to disciplinary action up to and including discharge from employment.
Any employee who is absent from work for three consecutive workdays without contact with or approval from the employee's immediate supervisor shall be considered to have abandoned the position and to have resigned from the System.
The Human Resources Department will maintain records of the vacation and sick leave accrual and absences of each employee, and the reasons therefore, whether from sickness, vacation, other paid leave, or leave of absence without pay. Any medical information or documentation that identifies injury, illness or disability of an employee or his or her relatives or domestic partners are to be treated as confidential and are to be immediately sent to the System Office Human Resources Department for storage in an appropriate confidential manner.
All fulltime employees who are in positions requiring twelve months of service, shall be eligible for twelve (12) sick leave days per year. Sick leave shall be accrued on a monthly basis to a maximum of 600 hours.
Fulltime employees assigned to work less than twelve months shall earn one day of sick leave per month for their period of employment.
Accumulated sick leave may be used for personal illness or illness of a family member or a domestic partner or adoption of a child. An employee may be required to produce appropriate medical documentation of the illness, particularly when the absences recur in a pattern, or when the absence for illness may qualify for Family Medical Leave or short term disability leave.
For purposes of the sick leave portion of this policy, the following meanings apply:
"Family" means a husband, wife, child (natural, foster, step, or adopted), parent (natural, step or adoptive), grandmother, grandfather, grandchild, sister, brother, niece, nephew, aunt, uncle and in-laws in the same degree of relationship as listed above. An employee may also use sick leave to care for an individual who is in the employee's legal custody.
"Domestic Partner" relationship refers to an unmarried couple who:
- Have resided together for at least six months and intends to continue to do so permanently;
- Are not related to one another by blood to a degree of closeness that would prohibit marriage, were they of the opposite sex;
- Are mutually responsible for basic living expenses;
- Each have attained the age of consent; and
- Each partner is not married to or in a Domestic Partnership with anyone else.
An employee may not request to use sick leave for the illness of a Domestic Partner unless, prior to the request for leave, the employee has filed an Affidavit of Domestic Partnership with the System Office Human Resources Department.
Employees may use a maximum of 2-5 days of sick leave per year for personal leave based on years of service as of September 1st of each year. Advance approval of the immediate supervisor is required.
Faculty should give sufficient notice of their need to take a personal leave day to the Dean to ensure appropriate class coverage.
Adjunct faculty are allowed one personal leave period per course taught each semester with no reduction in pay. (This is calculated by taking contact hours divided by number of weeks in semester) The adjunct faculty must give sufficient notice of the need to take leave to the Department Chair to ensure appropriate class coverage.
Professional leave may be approved for employees to attend conferences or workshops. The conference or workshop must be related to the employee's teaching or working assignment, in the best interest of the System, included in the departmental budget, and approved by the employee's supervisor.
Paid vacation leave shall be available to all full-time non-faculty employees who are in positions requiring twelve months of uninterrupted service. An employee is entitled to use accrued vacation leave upon approval of his or her supervisor.
IV.E.3.07 Accrual of Vacation Leave
Vacation leave is calculated and earned on the first day of each pay period, according to the employee's status; and, for non-contractual employees, according to years of service.
|Length of Service||Annual Accrual||Per Month|
|1-5 years||12 days (96 hours)||8 hours|
|6-10 years||16 days ( 128 hours)||10.67 hours|
|11 + years||20 days (160 hours)||13.34 hours|
Contractual employees shall earn 13.34 hours per month beginning with the first month of employment.
Employees may accumulate vacation leave up to a maximum of 400 hours. Any vacation leave accumulated in excess of this maximum shall be used during the fiscal year or be forfeited on August 31. Employees may not take more vacation time than they have accrued.
In the event that an employee's position will change from a position that accrues vacation leave to one that does not, the employee must use accrued but unused vacation leave prior to the effective date of the change of status. Upon the request of a supervisor, approved by the LEO and the Chief Human Resources Officer, an employee changing positions may be paid for the value of the accrued leave.
All full-time employees may take up to three days of paid excused absence and use sick leave or other leave if more time is needed from work in the event of the death of a family member. "Family" means a husband, wife, child (natural, foster, step, adopted), parent (natural, step or adoptive), grandmother, grandfather, grandchild, sister, brother, niece, nephew, aunt, uncle or in-laws in the same degree of relationship as listed above, or Domestic Partner or an individual for whom the employee has legal custody. The definition for "Domestic Partner" is included in the "Use of Sick Leave" Section, above.
If additional time off is requested and approved, it may be charged to vacation leave, personal leave, compensatory time or leave without pay.
All offices will be closed in observance of the holidays indicated in the academic calendar.
Full-time employees required to work on a holiday shall be paid their regular rate of pay and will accrue the holiday to be taken on an alternative date with the approval of their supervisor and LEO.
Full-time employees required to work on a holiday who are not able to use hours on an alternate day due to scheduling difficulty, will be paid for the holiday hours. If the employee is non-exempt, the employee is entitled to overtime pay, instead of compensatory time, for hours worked in excess of forty on a holiday week.
If a holiday falls within an employee's vacation leave, such holiday will not be charged as vacation time and the vacation leave will be extended accordingly.
The System shall not discriminate against, or penalize in any way, an employee who is absent from work for the observance of a religious holy day and gives proper notice of that absence.
"Proper notice" shall consist of providing to the supervisor a list of religious holy days to be observed during the semester. A faculty member must give notice to his or her Dean and to all students whose class would be canceled due to the faculty member's absence.
The leave time to observe religious holy days may be charged to vacation leave, compensatory time (if applicable), or leave without pay.
A full-time employee required to appear for jury duty or to testify in court proceedings in which he or she is not a party shall be released from his or her assigned duties as necessary with no loss of salary or reduction in leave. An employee will not be discharged, disciplined, or otherwise penalized because he or she complies with a notice of jury duty or a valid subpoena to appear in a civil, criminal, legislative, or administrative proceeding. An employee must provide a photocopy of the jury notice or subpoena with his or her leave form.
The System shall not deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment on the basis of membership in a uniformed service, performance in a uniformed service, application for uniformed service, or obligation to a uniformed service. The System shall not take adverse employment action or discriminate against any person who takes action to enforce protections afforded by the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA). The System shall post, in accordance with federal law, a written notice of the rights, benefits and obligations of such persons and the System under USERRA.
IV.E.3.14 Military Leave - Short Term
All employees of the System who are members of the state military forces or of the reserve components of the United States Armed Forces shall be granted a leave of absence from their duties without loss of time, vacation time, or salary on all days during which they are engaged in authorized training or duty ordered or authorized by proper authority, not to exceed 15 days in a fiscal year.
Such employees who are ordered to military duty as described in this Section shall be restored, when relieved from duty, to a position with similar rank and pay as that held by them when ordered to duty.
IV.E.3.15 Military Leave - Long Term
Any employee, other than a temporary employee, who leaves his or her position for the purpose of entering into active duty with the regular or reserve Armed Forces of the United States or with the Texas National Guard or Texas State Guard, if discharged, separated, or released from such active duty under honorable conditions within five years from the date of enlistment or call to active service, shall be restored to employment in the same position with the same rate of pay as that held at the time of entering into active service, or to a position of like seniority, status, and pay if the employee is still physically and mentally qualified to perform the duties of such position.
If such employee is not qualified to perform the duties of his or her previous position by reason of disability sustained during such military service, but is qualified to perform the duties of another position with the System, the veteran shall be restored to employment in the other position which he or she is qualified to hold and which will provide like seniority, status, and pay, or the nearest approximation.
Any employees restored to employment shall be considered to have been on leave of absence during military service and shall be entitled to participate in retirement and all other benefits available to other employees in like positions. Such employee shall not be dismissed from his or her position, without cause for one year following restoration of employment.
Veterans eligible for restoration to employment under the terms of this policy shall make written application for such restoration to the Chair of the Board within 90 days after discharge or release from active federal or state military service and shall attach to such application evidence of discharge, separation, or release under honorable conditions.
A full-time System employee may be granted an unpaid leave of absence if the employee submits a written request for the leave, showing benefit to the System if the leave is approved; that a suitable replacement is available; and that the leave has been approved by the LEO and Chancellor.
Contractual employees who are approved for leave without pay shall submit similar documentation to the Board.
An employee who becomes eligible for State of Texas long-term disability benefits will be placed on inactive status. An employee will be removed from inactive status and returned to active status if he or she returns to work with documentation from his or her licensed physician (M.D. or D.O.) showing that the employee is able to perform the essential functions of the position with or without reasonable accommodation. An employee will be terminated if he or she has been absent from work for twelve (12) consecutive months from the onset of the disability or illness, without return to work. FMLA leave is not counted toward the 12 month time.
The System may re-activate the employee in the position held by the employee prior to the date of his or her disability, injury, illness, or medical condition, or transfer the employee into another position, provided that the employee is able to perform the essential functions of the job, and the one-year period has not expired.
The System Office Human Resources Department is responsible for managing a short-term disability program to provide short-term, reduced compensation to an eligible full-time employee who has a documented illness, injury, or medical condition that prevents the employee from performing his or her job.
When supported by documentation from a licensed physician (M.D. or D.O.), an employee is eligible to receive short-term disability benefits up to 90 calendar days per fiscal year if:
a. He or she has been absent for the same illness, injury, or medical condition for five or more working days, and
b. He or she has exhausted all paid leave, including sick leave, vacation leave, personal leave, and compensatory time.
Once an employee qualifies for short-term disability, he or she shall receive salary at a rate of pay equal to sixty percent (60%) of his or her salary per fiscal year as long as he or she remains disabled, not to exceed ninety (90) calendar days. An employee who is on short-term disability leave may not return to work unless his or her licensed physician (M.D. or D.O.) submits clear and unequivocal documentation that the employee is able to perform all the essential functions of the position with or without reasonable accommodation. The System Department of Human Resources may require an employee to submit to a physical examination performed by a licensed physician (M.D. or D.O.) chosen by the System, prior to his or her return to work.
Sabbatical leave refers to an award of a specific period of leave during which an eligible faculty member or administrator will be released from his or her responsibilities to the System to engage, full-time, in professional development, study, research, writing, work experience related to his or her field of work, or to address the strategic needs of the System.
A faculty member may be awarded sabbatical leave for either:
- one full semester, in which case he or she would receive his or her full salary and benefits for the semester ; or
- two semesters, in which case he or she would receive one-half (50%) of his or her annualized nine-month salary and full benefits.
An administrator may be awarded sabbatical leave for a period of five months, during which time he or she will receive his or her full contract salary and benefits.
Full-time faculty and full-time administrators with at least seven years of continuous service to the System in a contractual position are eligible to be awarded a sabbatical. A faculty member or administrator who was awarded a sabbatical at any time during the previous seven years is not eligible to be awarded a sabbatical.
During the time that an administrator or faculty member is on sabbatical leave, he or she may not continue to perform additional services or receive any stipend, program coordinator pay or overload pay.
Any faculty member or administrator who is awarded sabbatical leave must serve two complete contract years of full-time service to the System following return from sabbatical leave. A faculty member or administrator who takes sabbatical leave and does not fulfill this service requirement must repay the full value of the leave on a pro-rata basis considering how much of the two years have been completed.
The Chancellor will appoint a committee consisting of one administrator, one faculty member from each college and one professional contractual staff member from each college to develop procedures regarding the application process and timelines for selecting persons to be awarded sabbatical leave.
Each year, the Chancellor shall determine the number of available sabbatical leave awards. The award process shall be conducted at each location in accordance with the System procedures.
The Chancellor shall establish a Faculty Leave Banking program to permit faculty, and other full-time employees who teach, to convert compensation earned through extra service assignments into a future leave pool. This program shall permit an eligible employee who has earned the equivalent of a full-semester of banked leave plus three additional contact hours to take a semester's leave with full pay.
An eligible employee who has elected the leave banking option may reverse the election at any point before he or she has taken the banked leave. If an eligible employee reverses the election, the amount of salary to be paid is the same amount that he or she would have been paid if the leave banking option had not been elected and shall not reflect any interest earnings, salary adjustments or subsequent reclassifications.
The Chancellor has established an optional sick leave pool program for the benefit of full-time employees. The pool is intended to provide additional paid sick leave to participating members of the pool who have exhausted all leaves due to extensive or recurrent medical problems.
Participation in the sick leave pool is voluntary. A full-time employee is eligible to join the pool after completing twelve (12) months of employment if he or she has accumulated at least 80 hours of unused personal sick leave. Enrollment periods shall be held in March and September of each year and at other times authorized by the Chancellor. The sick leave pool program will be administered by LSCS Department of Human Resources.
In order to participate in the pool, each employee must contribute a minimum of 3 days (24 hours), 5 days (40 hours) or a maximum of 10 days (80 hours) of sick leave . Contributed sick leave days will not be returned to the employee contributing, except as an award of pool benefits. An employee will not be required to replenish the pool unless he or she has been found by the LSCS Department of Human Resources to have abused the privilege of the sick leave pool.
Employees participating in the pool may request to use days from the sick leave pool only after exhausting all accrued and unused sick leave, vacation leave and compensatory time, if eligible. The maximum number of days available to be drawn from the sick leave pool is 30 working days in a fiscal year (September through August).
Once an employee has used all available days from the pool, he or she will be able to again use the pool the next fiscal year. An employee utilizing the sick leave pool will continue to accrue leave.
Utilization of sick leave from the sick leave pool will at all times be contingent upon the availability of sick leave days in the pool. Any sick leave drawn from the pool must be used for the employee's personal illness, accident, surgery, or injury and must be supported by a licensed physician's statement on a form approved by the Chief Human Resources Officer or his/her designee.
Alleged abuse of the sick leave pool will be investigated by the Chief Human Resources Officer and or his/her designee. Any employee found to have submitted incorrect or false documents to support leave will be required to repay all sick leave credits drawn from the pool, will be subject to suspension or removal from the pool and may be subject to disciplinary action up to and including discharge of employment.
An employee who becomes a member of the sick leave pool will remain a member as long as he or she continues as a full time employee, and is not suspended or removed from the pool. An employee who wishes to terminate his or her membership in the sick pool must do so by submitting a written request to the Human Resources Department.
LSCS Policy Manual Section adopted by the Board of Trustees on August 5, 2010
The System offers a comprehensive disability policy for all benefits eligible employees in order to create a comprehensive system-wide disability or injury program for both illness or injury off-the-job, and on-the-job illness or injury.
IV.E.4.02 - Scope
This policy applies to all full-time, permanent employees of LSCS. This policy does not extend disability benefits to part-time, seasonal, or temporary employees. Part-time, seasonal, or temporary employees are eligible for state mandated workers' compensation benefits.
"Disability" is a permanent, physical or mental impairment that substantially limits one or more of the major life activities of an individual.
"Illness, Injury, or Medical Condition" is a temporary or permanent physical or mental impairment that does not substantially limit one or more of the major life activities of an individual.
"Long Term Disability" is a sickness, accidental bodily injury, or pregnancy that causes one to either be unable to perform with reasonable continuity the essential functions of one's own occupation, "
"Reasonable Accommodation" is a modification of the work environment and/or work process that enables a person with a disability to perform the essential functions of the job. The determination of what accommodations are reasonable shall be at the sole discretion of the System.
- a. All provisions of the policy apply to both off the job and on-the-job illness or injury, with the exception of state-mandated workers' compensation benefits. See Workers Compensation Policy.
- b. An employee who experiences an illness or injury that renders him or her incapable of performing regularly assigned duties shall be required to use all appropriate leave balances before applying for long-term disability benefits.
- c. An employee who becomes eligible for long-term disability benefits will be placed on inactive status. Inactive status will terminate upon the earlier of the following occurrences:
- The employee returns to work and is able to perform the essential functions of his or her position; or
- The expiration of twelve (12) consecutive months on inactive status.
- d. While on inactive status, the employee will cease to accrue vacation and sick leave.
- e. The System will maintain the employment of an individual with a disability, illness, injury, or medical condition for twelve months. Within the twelve-month period, the System may re-activate the employee in the position held by the employee prior to the date of his or her disability, injury, illness, or medical condition or transfer the employee into another position, provided that the employee is able to perform the essential functions of the job and the twelve-month period has not expired.
- f. After one year, an employee's ability to perform the essential functions of his or her regular position will be evaluated according to the Americans with Disabilities Act (ADA). If the employee is unable to perform the essential functions of the position with a reasonable accommodation, the employee will be terminated. (See also Section IV.E.3.17 Long Term Disability and IV.3.18 Short-Term Disability, Board Policy Manual).
- g. An employee who experiences an on-the-job injury or illness that renders him or her incapable of performing his or her regularly assigned duties is eligible for workers' compensation benefits.
- Upon becoming disabled from an on-the-job injury, the employee shall provide to the Human Resources Department a medical slip from the physician, specifying the injury and probable length of the disability. If the employee is off-duty more than seven days, the employee will be eligible for workers' compensation benefits.
- An employee who is receiving workers' compensation benefits may choose to use accumulated sick leave concurrently. If the employee chooses this option, the System shall pay the difference between the weekly income benefits received under workers' compensation and the employee's regular weekly compensation. Sick leave shall be charged proportionately.
An employee taking Family Medical Leave Act leave, and receiving workers' compensation wage benefits, may not use any accumulated sick leave until the Family Medical Leave expires (See Section IV.E.3 Leaves and Absences). The System shall pay the difference between the weekly income benefit received under workers' compensation and the employee's regular compensation. If the employee's accrued sick leave is exhausted and the employee is still absent from work due to job injury, the employee shall be placed on leave without pay status (See Section IV.E.3 Leaves and Absences).
The System reserves the right to require an independent physical or mental assessment, at the System's expense, upon the return to work of the employee from a work-related or non-work related disability, illness, injury, or medical condition.
The System offers long-term disability (LTD) insurance, through the State of Texas, for full-time employees. An individual with a disability as defined in this policy is eligible to apply and receive LTD benefits.
IV.E.4.08 - Medical Records
All medical records obtained pursuant to this policy will be maintained in confidential medical files.
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008
IV.E.5. Workers' Compensation Program
The System shall extend workers' compensation benefits to its employees by choosing one of the following options:
- Becoming a self-insurer.
- Providing insurance under workers' compensation insurance contracts or policies.
- Entering into interlocal agreements with other political subdivisions.
The "Texas Workers' Compensation Act" provides wage replacement, rehabilitation, and medical benefits for employees who become injured or ill in the course and scope of employment, as well as compensation for dependents of an employee who dies as a result of an on-the-job illness or Injury.
"On-the-job Illness or Injury" is a disability, injury, illness, or medical condition that occurred as a result of the employee performing the assigned duties of his or her occupation within the course and scope of employment.
"Modified Duty Assignment" is when an employee, who is released to return to duty in less than a full, unrestricted status by the treating physician may be required to work in a position or department other than his or her original position or department. Duties will be assigned in accordance with the employee's limitations or restrictions, and/or the needs of the System.
"Course and Scope of Employment" is activity of any kind or character that is related to and originates in the work, business, trade, or profession of the employer, and that is performed by an employee while engaged in the business of the employer.
IV.E.5.03 - Coverage
For the purposes of this policy, "employee" means every full-time, part-time, seasonal, or temporary person in the service of the System.
The System shall report to its insurance carrier on each:
- On-the-job injury;
- On-the-job injury that results in an employee's absence from work for more than one day; and
- Occupational disease of which the System has received notice of injury or has knowledge.
"Knowledge" means receipt of written or verbal information regarding diagnosis, or diagnosis through examination or testing by a doctor employed by the System.
A supplemental report shall be filed with the System insurance carrier and provided to the employee within ten (10) days after:
- the end of each pay period in which the employee has a change in earnings as a result of the injury; or
- the employee resigns or is terminated.
For injuries that require the filing of a first report of injury, the System shall file the supplemental report with the System's insurance carrier after:
- the employee returns to work; or
- the employee, after returning to work, experiences an additional day of disability as a result of the injury.
The System shall file a wage statement showing the amounts of all wages paid to the employee.
The System shall notify its employees:
- of the Commission's ombudsman program to assist injured workers and persons claiming death benefits in obtaining benefits under the Texas Workers' Compensation Act; and
- of the 24-hour-a-day toll-free telephone system for reporting violations of an occupational health or safety law.
IV.E.5.06 - No Retaliation or Discrimination
The System shall not suspend, terminate, or otherwise discriminate against an employee for making a good faith report of a violation of an occupational health or safety law.
A person may not discharge or in any other manner discriminate against an employee because the employee has:
- Filed a workers' compensation claim in good faith;
- Hired a lawyer to represent the employee claim;
- Instituted or caused to be instituted in good faith a proceeding under the Texas Workers' Compensation Act; or
- Testified or is about to testify in a proceeding under the Texas Workers' Compensation Act.
During the time an employee is receiving weekly workers' compensation benefits, the employee may elect to receive previously accrued sick or vacation leave benefits in an amount equal to the difference in the weekly compensation benefit and the weekly compensation the employee was receiving prior to the injury or illness resulting in the claim, with a proportionate deduction in the employee's sick and vacation leave balance. The sum of weekly workers' compensation payments and the amount of sick leave paid shall not exceed the amount of weekly compensation the employee was receiving prior to the illness or injury.
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008
The College complies with the Family and Medical Leave Act (“FMLA”) and parental leave required by state law. FMLA is intended to allow employees to balance their work and family life by taking reasonable leave for medical reasons, for the birth, adoption or foster care of a child, for the care of a child, spouse, or parent who has a serious health condition, for the care of a covered servicemember with a serious injury or illness, or because of a qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.
(a) Adoption means legally and permanently assuming responsibility for raising a child as one’s own. The source of an adopted child (e.g., whether from a licensed placement agency or otherwise) is not a factor in determining eligibility for leave.
(b) Covered Active Duty or Call to Covered Active Duty Status means: In the case of a member of the Regular Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country. In the case of a member of the Reserve components of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a federal call or order to active duty in support of a contingency operation.
(c) Covered Servicemember means a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status or is otherwise on the temporary disability retired list for a serious injury or illness or a covered veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.
(d) Covered Veteran means an individual who was a member of the Armed Forces (including a member of the National Guard or Reserves), and was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes leave to care for the covered veteran.
(e) FMLA Year means the 12-month period measured backward from the date an employee uses any FMLA leave. Under the “rolling” 12-month period, each time an employee takes FMLA leave, the remaining leave entitlement would be the balance of the 12 weeks which has not been used during the immediately preceding 12 months.
(f) Foster Care means 24-hour care for children in substitution for, and away from, their parents or guardian. Such placement is made by or with the agreement of the state as a result of a voluntary agreement between the parent or guardian that the child be removed from the home, or pursuant to a judicial determination of the necessity for foster care, and involves an agreement between the state and the foster family that the foster family will take care of the child. Although foster care may be with relatives of the child, state action is involved in the removal of the child from parental custody.
(g) Health Care Provider means a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or any other person determined by the Secretary to be capable of providing health care services.
(h) In Loco Parentis means employees who have no biological or legal relationship with a child may, nonetheless, stand in loco parentis to the child and be entitled to leave. Similarly, an employee may take leave to care for someone who, although having no legal or biological relationship to the employee when the employee was a child, stood in loco parentis to the employee when the employee was a child, even if they have no legal or biological relationship.
(i) Intermittent Leave means leave taken in separate blocks of time due to a single qualifying reason.
(j) Military Caregiver Leave means leave taken to care for a covered servicemember with a serious injury or illness.
(k) Next of Kin of a Covered Servicemember means the nearest blood relative other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember’s next of kin and may take leave to provide care to the covered servicemember, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered servicemember’s only next of kin.
(l) Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter. This term does not include parents “in law.”
(m) Parent of a Covered Servicemember means a covered servicemember’s biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered servicemember. This term does not include parents “in law.”
(n) Reduced Leave Schedule means a leave schedule that reduces an employee’s usual number of working hours per workweek, or hours per workday or a change in an employee’s schedule for a period of time, normally full-time to part-time.
(o) Serious Health Condition means an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health-care provider. Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not serious health conditions unless inpatient hospital care is required or unless complications develop. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness or allergies may be serious health conditions, but only if certain conditions are met.
(p) Serious Injury or Illness means:
1. In the case of a current member of the Armed Forces, including a member of the National Guard or Reserves, an injury or illness that was incurred by the covered servicemember in the line of duty on active duty in the Armed Forces or that existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces and that may render the servicemember medically unfit to perform the duties of the member’s office, grade, rank, or rating; and
2. In the case of a covered veteran, an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and manifested itself before or after the member became a veteran, and is:
A. A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank, or rating;
B. A physical or mental condition for which the covered veteran has received a U.S. Department of Veterans Affairs Service-Related Disability Rating (VASRD) of 50 percent or greater, and such VASRD rating is based, in whole or in part, on the condition precipitating the need for military caregiver leave;
C. A physical or mental condition that substantially impairs the covered veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment; or
D. An injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the U.S. Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
(q) Son or Daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability,” at the time that leave is to commence.
(r) Son or Daughter of a Covered Servicemember means a covered servicemember’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered servicemember stood in loco parentis, and who is of any age.
(s) Son or Daughter on Covered Active Duty or Call to Covered Active Duty Status means the employee’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on covered active duty or call to active duty status, and who is of any age.
(t) Spouse means a husband or wife. For purposes of this definition, husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under state law for purposes of marriage in the State in which the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been entered into in at least one State. This definition includes an individual in a same-sex or common law marriage that either:
1. Was entered into in a State that recognizes such marriages; or
2. If entered into outside of any State, is valid in the place where entered into and could have been entered into in at least one State.
(u) Working Day means Monday through Friday and consistent with Policy Section IV D.1.01.
IV.E.6.03 Requesting Leave
(a) Eligibility. A College employee is covered under FMLA Titles I and IV if they have been employed for at least 12 months by the state (not necessarily 12 consecutive months) and have worked at least 1,250 hours (based on Fair Labor Standards Act hours-worked principles) for the state during the 12 months immediately preceding the beginning of the leave. A part-time employee and one who works variable hours must have at least 52 weeks of service, not necessarily within 12 consecutive months, and must have worked 1,250 hours for the state during the 12 months immediately preceding the beginning of the leave. Time spent on military leave counts as time worked in determining if the employee is eligible for FMLA. Employment periods preceding a break in service of more than seven (7) years are not required to be counted in determining if the employee has been employed by the state for at least 12 months unless the break in service is due to military service obligation. An employee on the payroll for any part of a week is credited with a week of service for purposes of calculating the 12-month requirement. Employees not eligible for leave may be eligible for parental leave under state law for the birth of a natural child or the adoption or foster care placement of a child younger than three (3) years.
An eligible employee may take up to 12 weeks of leave during the FMLA Year for any of the following reasons:
1. For birth of a son or daughter, and to care for the newborn child;
2. For placement with the employee of a son or daughter for adoption or foster care;
3. To care for the employee’s spouse, son, daughter, or parent with a serious health condition;
4. Because of a serious health condition that makes the employee unable to perform the functions of the employee’s job;
5. Because of any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on active duty or has been notified of an impending call or order to active duty in support of a contingency operation. Federal regulations provide that qualifying exigencies include short-notice deployment, military events and related activities, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities and certain additional activities arising out of the covered military member’s active duty or call to active duty status provided that the College and employee agree that such leave shall qualify as an exigency and agree to both the timing and duration of such leave; and
6. To care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the covered servicemember.
For leave taken because of the employee’s own serious health condition, to care for a spouse, parent, son, or daughter with a serious health condition, or military caregiver leave, there must be a medical need for leave and it must be that such medical need can be best accommodated through an intermittent or reduced leave schedule. Leave due to a qualifying exigency may also be taken on an intermittent or reduced schedule basis. When leave is taken after the birth of a healthy child or placement of a healthy child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only if the College agrees.
An eligible instructional employee who requests leave to care for a spouse, parent, or child, or because of his or her own serious health condition that is foreseeable, based on planned medical treatment, and who would be on leave greater than 20 percent of the total number of working days in the period during which the leave would extend, may be required to choose either to: take leave for periods of a particular duration not to exceed the duration of the planned medical treatment; or transfer temporarily to an available alternative position offered by the College for which the instructional employee is qualified, and that has equivalent pay and benefits and better accommodates recurring periods of leave than the instructional employee’s regular employment position.
(b) Parental Leave. An employee, including a student or wage employee, who is not eligible for leave is entitled to a parental leave of absence, not to exceed 12 weeks, for the birth of a natural child or the adoption or foster care placement of a child younger than three (3) years. This period begins with the date of birth or the date of the adoption or foster care placement. However, no parental leave may be taken more than 12 weeks after the birth or adoption or foster care placement. An employee may take parental leave on an intermittent or reduced work schedule if the employee and College agree.
(c) Leave Request Process. Leave requests shall be submitted to the College using the FMLA/Parental Leave Application.
(d) Appeals Process. FMLA decisions may be appealed in writing directly to the Associate Vice Chancellor of Human Resources. Before appealing, employees are encouraged to first make sure that they are FMLA-eligible and that they have met all requirements for notification of their need for leave and medical-certification requirements, if applicable. Nothing in this policy shall limit an employee’s right to file a complaint with the U.S. Department of Labor.
IV.E.6.04 Continuity of Health Plan Coverage
During any period that an eligible employee takes leave, the College shall maintain coverage under any “group health plan” for the duration of the leave at the level and under the conditions coverage would have been provided if the employee had continued in active duty with the College. During leave, the employee must continue to pay the employee’s share of group health plan premiums. If premiums are raised or lowered, the employee would be required to pay the new premium rates. IV.E.6.05 Use of Paid Leave Any accrued paid leave balances must be taken concurrently with FMLA leave.
IV.E.6.06 Medical Certification
The employee shall provide medical certification of illness or disability within 15 calendar days after requesting leave for a serious health condition. The College must give notice of a requirement for certification each time certification is required. At the time the College requests certification, the College must advise the employee of the consequences of failure to provide adequate certification. The employee must provide re-certification not more often than every 30 days thereafter unless the employee requests an extension, there are significant changes in circumstances, or the College receives information that casts doubt upon the continuing validity of the certification.
When leave ends, if the employee is fit to return to work but chooses not to do so, the College shall require reimbursement of the employee benefits contribution made by the College during the period in which such leave was taken as unpaid leave. The employee’s request for reinstatement shall be accompanied by medical certification of the employee’s ability to perform essential job functions.
The College may uniformly require, as a prerequisite for reinstating an employee whose leave was due to their own serious health condition, medical certification of their ability to resume work.
In most cases, the College should request that an employee furnish certification when the employee gives notice of the need for leave or within five working days thereafter. In the case of unforeseen leave, certification is required within five working days after the leave commences. The College may request certification at a later date if the College later has reason to question the appropriateness of the leave or its duration. The employee must provide the requested certification to the employer within 15 calendar days after the College’s request, unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts or the employer provides more than 15 days to return the certification.
If the employee fails to provide the College with a complete and sufficient certification, despite the opportunity to cure, or fails to provide any certification, the College may deny leave. This provision applies whenever the College requests a certification, including any clarifications necessary to determine if certifications are authentic and sufficient.
The Genetic Information Nondiscrimination Act (GINA) prohibits the College from acquiring genetic information from its employees. The College must take steps to ensure that such information is not received. Any receipt of genetic information in response to a request for medical information shall be deemed inadvertent.
IV.E.6.07 Restoration to Position
On return from leave, an employee is entitled to be returned to the same position the employee held when leave began, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An employee is entitled to reinstatement even if the employee has been replaced or his or her position has been restructured to accommodate the employee’s absence. However, an employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the leave period.
IV.E.6.08 Married Family Members
Spouses who are eligible for leave, and who are both employed in the College, may be permitted to take only a combined total of twelve weeks of leave during any twelve-month period if the leave is taken:
(a) For the birth of a son or daughter or to care for the child after birth;
(b) For the placement of a son or daughter with the employee for adoption or foster care, or the care for the child after placement; or
(c) To care for a parent with a serious health condition.
Where the spouses both use a portion of the total twelve-week entitlement for one of the purposes noted above, each spouse shall be entitled to the difference between the amount they have taken individually and twelve weeks of leave for a purpose other than those listed above.
IV.E.6.09 Workers’ Compensation and FMLA
A serious health condition may result from injury to the employee “on or off” the job. FMLA leave and leave pursuant to workers compensation may run concurrently provided that the injury meets the criteria for a serious health condition. If the College designates the leave as FMLA leave, the leave counts against the employee’s leave entitlement. If an employee elects to receive paid workers’ compensation benefits, the College may not require the employee to substitute any paid leave for the absence covered by such benefits. Similarly, an employee may not require paid FMLA leave to be substituted for unpaid FMLA leave when FMLA leave and leave pursuant to workers’ compensation are running concurrently. Thus, an employee’s receipt of workers’ compensation payments precludes the employee from electing, and prohibits the College from requiring, substitution of any form of accrued paid leave for any part of the absence covered by such payments. Under certain circumstances, paid leave under the FMLA may supplement workers’ compensation benefits. However, paid leave under the FMLA will not be allowed to supplement workers’ compensation benefits in any way unless allowed by Texas law.
If the health-care provider treating the employee for the workers’ compensation injury certifies that the employee is able to return to a light duty job but is unable to return to the same or equivalent job, the employee may decline the College’s offer of a light duty job. As a result, the employee may lose workers’ compensation payments, but is entitled to remain on unpaid leave until the employee’s leave entitlement is exhausted. As of the date workers’ compensation benefits cease, either the employee may elect or the College may require the use of accrued paid leave. On return from FMLA leave, or after accepting an offer of a light duty job, an employee is entitled to be returned to the same position, or its equivalent, as the employee held when leave commenced, unless otherwise allowed by the FMLA. The College shall pay the difference between the weekly income benefit received under workers’ compensation and the employee’s regular compensation.
The College shall use Department of Labor forms, as applicable.
The College shall keep posted in visible places on each campus where notices are usually posted, a notice approved by the Secretary of Labor that sets out excerpts from summaries of the FMLA and information pertaining to the filing of a claim.
When an employee requests leave, or the College acquires knowledge that an employee’s leave may be for an FMLA-qualifying reason, the College must notify the employee of the employee’s eligibility to take leave within five working days, absent extenuating circumstances. If the employee is not eligible for leave, the notice must state at least one reason why the employee is not eligible.
The College shall provide written rights and responsibilities notice detailing the specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations. This notice shall be provided to the employee each time the eligibility notice is provided. The notice of rights and responsibilities may be distributed electronically. If the specific information provided by the rights and responsibilities notice changes, the College shall, within five working days of receipt of the employee’s first notice of need for leave subsequent to any change, provide written notice referencing the prior notice. This new notice shall set forth any of the information in the notice of rights and responsibilities that has changed.
When the College determines whether leave will be designated as FMLA-qualifying, the College must notify the employee of that determination in writing within five working days, absent extenuating circumstances. Regardless of whether the leave will be a continuous block, intermittent, or reduced schedule leave, only one notice of designation is required for each FMLA-qualifying reason per applicable 12-month period. If the College has sufficient information to designate the leave as FMLA leave immediately after receiving notice of the employee’s need for leave, the College may provide the employee with the designation notice at that time. If the College determines that the leave will not be designated as FMLA-qualifying, the College must notify the employee of that determination. The designation notice must be in writing. If the leave is not designated as FMLA-qualifying, the notice to the employee that the leave is not designated as FMLA-qualifying may be in the form of a simple written statement. If the information provided by the College to the employee in the designation notice changes (e.g., the employee exhausts the leave entitlement), the College shall provide written notice of the change within five working days of receipt of the employee’s first notice of need for leave subsequent to any change.
An employee must provide at least 30 days’ advance notice before leave is to begin if the need for leave is foreseeable based upon an expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or a family member, or a planned medical treatment for a serious injury or illness of a covered servicemember. If the need for leave is not foreseeable, the employee must give notice as soon as practicable. For leave due to a qualifying exigency arising out of the foreign deployment of the employee’s spouse, son, daughter, or parent, the employee must provide notice as soon as practicable regardless of how far in advance the leave is foreseeable. The form and content of the notice must comply with 29 C.F. R. 825.302(c). When planning medical treatment, the employee must consult with the College and make a reasonable effort to schedule the treatment so as not to disrupt unduly the College’s operations, subject to the approval of the health-care provider.
Records and documents relating to certifications or medical histories of employees or employees’ family members, created for purposes of FMLA, shall be maintained as confidential medical records in separate files/records from the usual personnel files and shall be maintained solely at System Office. If GINA applies, records and documents created for purposes of the FMLA containing family medical history or genetic information as defined in GINA shall be maintained in accordance with the confidentiality requirements of Title II of GINA, which permit such information to be disclosed consistent with the requirements of the FMLA. If the Americans with Disabilities Act (ADA) also applies, such records shall be maintained in conformance with ADA confidentiality requirements.
LSCS Policy Manual Section adopted by the Board of Trustees on May 5, 2016
Food service personnel shall comply with health requirements established by the city, county and state health authorities. Pre-employment, or later on-the-job testing of employees to detect the presence of HIV will not be done except in response to specific on-the-job exposures or under Court-enforced order under the Communicable Disease Prevention and Control Act.
Communicable diseases include, but are not limited to. measles, influenza, viral hepatitis-A (infectious hepatitis), viral hepatitis-B (serum hepatitis), human immunodeficiency virus (HIV infection) and AIDS, leprosy, and tuberculosis.
A medical examination may be required of any employee when, in the judgment of the immediate supervisor, after consultation with the Location Executive Officer (LEO) and the Chief Human Resources Officer, the employee's condition interferes with the ability to perform job-related functions or may pose a direct threat to the health or safety of the employee or others. An employee may be suspended from employment with pay pending fitness for duty examination.
If it is determined that an employee poses a direct threat to the health or safety of him/herself or others or that the employee is not able to perform essential job-related functions, the Chief Human Resources Officer or designee shall ask the medical professional to determine what reasonable accommodations are available to reduce or eliminate the direct threat or enable the employee to perform job-related functions.
IV.E.7.04 - Exposure to Blood-borne Pathogens
The Human Resources Department is responsible for identifying employees who serve in support positions such as food service or any other employees who can "reasonably anticipate occupational exposure to a blood borne pathogen." The System shall annually review, and modify as appropriate, the minimum exposure plan provided by the Texas Department of State Health Services.
The System shall offer Hepatitis "B" vaccination to those employees who can reasonably anticipate occupational exposure to a blood-borne pathogen. The System will provide for post-exposure testing as well as post-exposure Hepatitis "B" vaccination.
To qualify for workers' compensation benefits, the employee claiming occupational exposure must report the exposure to the immediate supervisor within 48 hour of the exposure.
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008
IV.E.8. Accommodating Employees with Disabilities
LSCS will provide necessary and reasonable workplace accommodations for known disabilities of a qualified employee who is capable of meeting all the essential requirements of his or her job under the Americans with Disabilities Act ("ADA") and Section 504 of the Rehabilitation Act of 1976 ("Section 504").
No presumptions are, or should be, made that the existence of a physical or mental impairment will necessarily cause any limitations in an employee's ability to perform his or her job. In fact, in most instances, absent a specific notification by an employee of the existence of specific limitations caused by a disability, it shall be presumed that a disabled or impaired employee is not limited in his or her ability to perform his or her job. Any accommodation request will be evaluated against the prevailing legal standards of the ADA and Section 504.
Except with respect to employees or applicants with visible and obvious health or mental impairment(s), it is the responsibility of the employee or applicant to inform the System of the existence of a disability that limits his or her ability to perform his or her job. The employee must provide the System Human Resources Department with documentation provided by an appropriate health care professional:
- diagnosing the existence of a physical or mental impairment that substantially limits one or more major life activities; and
- indicating that the employee will be able to meet all of the essential requirements of the job with the requested accommodation.
IV.E.8.03 - Consideration of a Request for an Accommodation
The System Human Resources Department will review the medical documentation regarding the existence of a disability and the requested accommodation with the employee, and if authorized by the employee, with his or her medical professional.
In weighing the requested accommodation, the Human Resources Department will determine first whether the employee will be able to meet all of the essential functions of the job, as determined by the job description.
The System Human Resources Department may require an employee who has requested an accommodation to be examined by a medical professional identified by the System. The sole purpose of such consultations will be to advise the System regarding the requested accommodation or to evaluate the employee's ability to perform the essential requirements of a position. The employee will not be responsible for the expenses of any such consultation, and will be provided with written information submitted by the consulting medical professional regarding the nature of the accommodations requested.
IV.E.8.05 - Denial of Requested Accommodation
The System Human Resources Department office may deny a requested accommodation if:
- It is determined that even with the requested accommodation, the employee will not be able to perform all of the essential requirements of the job, as defined in the job description, and by the supervisor;
- The medical documentation does not establish the existence of a disability within the terms of the ADA or Section 504: or
- The System determines that the employee, with or without an accommodation, poses a risk of harm to him/herself or to employees, students or members of the public with whom he or she may come in contact.
- Any other basis provided by the ADA, Section 504, or other law.
All medical records and information pertaining to an employment-related medical examination, employee's disability, or requested accommodation shall be maintained in the confidential files created and maintained in the System Human Resources office.
Information obtained regarding the medical condition or history of the applicant or employee shall be collected and maintained by the physician conducting the examination. The System shall only receive and accept a summary of the candidate's ability to perform the job either in response to questions posed or on a form created for such a summary.
Information pertaining to job-related limitations shall be released on a need-to-know basis only. Supervisors or other LSCS employees who are included in the accommodation review process shall ensure that any documentation or other information provided by an employee or applicant shall be kept confidential, except in accordance with this policy.
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008