CITY OF PORTLAND

HUMAN RESOURCES

ADMINISTRATIVE RULES

EMPLOYEE MOVEMENT

MEDICAL LAYOFF

Rule

After reinstatement/re-employment rights have been exhausted under the Administrative Rule on Injured Employee Return to work, and/or after ADA and FMLA rights have been exhausted, the appointing authority may place any permanently appointed employee on medical layoff. Medical layoff is appropriate for employees who cannot perform the essential duties of their regular assignment and a reasonable accommodation cannot be made.

This rule does not alter the City’s right to terminate an employee for cause.

Medical Information

Determination of the suitability of positions and an employee’s ability to perform the essential duties of the position, with reasonable accommodation if applicable, shall be based on medical information from the employee’s treatment provider or other competent source

The Director of Human Resources shall have the right to gather appropriate and sufficient medical information for the purpose of making a decision on whether to medically lay off an employee.

If the employee refuses to provide the necessary medical information or sign a release allowing their treatment provider to provide the necessary information the decision to layoff will be based on information that is available.

Notice

The City shall give an employee advance written notice of the intention to place them on Medical Layoff. An employee shall be allowed to exhaust all Family Medical Leave for which they are eligible before being placed on a medical layoff.

Medical Layoff Process

The bureau must notify the Bureau of Human Resources of the intent to medically layoff an employee. Upon approval from the bureau and the Director of Human Resources, the employee will be placed on the medical layoff List for a period of up to five years. If the employee has not provided a Release to Return to Work by the treatment provider within five years, they will be removed from the Medical Layoff List and will not be considered for re-hire under the Administrative Rule for Layoff & Recall.

Reappointment Procedure

During the five-year period following the date of medical layoff, an employee who has been medically laid off may notify the City of their intent to return to work. The employee must provide a written statement from their treatment provider stating the employee is released to return to work and can perform the duties of the position including any reasonable accommodations. The Director of Human Resources may request additional information or require an independent medical exam to verify the employee’s ability to return to work. The employee will then be placed on the layoff list for the classification which they held at time of medical layoff. The procedure for re-hire will be guided by the Administrative Rule on Layoff & Recall.

Administrative Rule History

Adopted by Council March 6, 2002

Effective April 5, 2002