CBA Article 27

ARTICLE 27 REASONABLE ACCOMMODATION AND DISABILITY SEPARATION 

27.1 The Employer and the Union will comply with all relevant federal and state laws, regulations and executive orders providing reasonable accommodations to qualified individuals with disabilities. 

27.2 A nurse who believes that he or she suffers a disability and requires a reasonable accommodation to perform the essential functions of his or her position may request such an accommodation by submitting a request to the Employer. 

27.3 Nurses requesting accommodation must cooperate with the Employer in discussing the need for and possible form of any accommodation. The Employer may require supporting medical documentation and may require the nurse to obtain a second medical opinion at the Employer’s expense. Medical information disclosed to the Employer will be kept confidential. 

27.4 The Employer will determine whether a nurse is eligible for a reasonable accommodation and the final form of any accommodation to be provided. The Employer will attempt to accommodate the nurse in his or her current position prior to looking at accommodations in alternative vacant positions. 

27.5 A nurse with permanent status may be separated from service when the agency determines that the nurse is unable to perform the essential functions of his or her position due to a mental, sensory, or physical disability, which cannot be reasonably accommodated. Determinations of disability may be made by the agency based on the nurse’s written request for disability separation or after obtaining a written statement from a physician or licensed mental health professional. The agency can require the nurse to obtain a medical examination at the agency’s expense, from a physician or licensed mental health professional of the agency’s choice. Evidence may be requested from the physician or licensed mental health professional regarding the nurse’s limitations.

27.6 The agency may immediately separate the nurse when the agency has medical documentation of the nurse’s disability and has determined that the nurse cannot be reasonably accommodated in any available position, or when the nurse requests separation due to disability. 

27.7 A nurse, separated due to disability, will be placed in the General Government Transition Pool Program if he or she submits a written request for reemployment in accordance with WAC 357-46-090 through 105 and has met the reemployment requirements of WAC 357-19-475

27.8 Disability separation is not a disciplinary action. A nurse who has been separated due to disability may grieve his or her disability separation in accordance with Article 36, Grievance Procedure, unless the separation was at the nurse’s request. 

© Paul Vilja 2017