Policy 4920-1

Working Conditions

Communicable or Infectious Disease

Reviewed and affirmed by the Board:  8/25/2020
Last Revision: 
Original publish date: 01/27/2015
Related policies & regulations:  
Legal references:  

 

Communicable or infectious diseases are conditions which can be transmitted from person to person and are capable of producing significant illness in another person. Communicable or infectious diseases include, but are not limited to: HIV/AIDS, Tuberculosis (TB) and Hepatitis B and C. An employee with a communicable or infectious disease is subject to the same working conditions and performance requirements as any other employee.

 

In the absence of disclosure of a known communicable condition, the provisions of this regulation shall apply to the employee who has open or draining wounds, demonstrates inability to control body fluids or is otherwise reasonably believed to have a communicable condition that places others at risk of exposure of a communicable disease.

 

The following procedures shall be followed with respect to an employee who is known to have or reasonably suspected of having a communicable or infectious disease.

  1. Employees who have or suspect that they have a communicable or infectious disease shall advise the Associate Superintendent for Human Resources or designee. Such information shall be treated as confidential and will not be divulged to other persons or sources except to the extent necessary to ensure a safe working and learning environment for the employee, other staff and students.
  2. The Associate Superintendent for Human Resources or designee may require employees to provide current medical information or to submit to a medical evaluation if there is a reasonable suspicion that an employee has a communicable or infectious disease. If additional medical testing is necessary at the request of the District, the employee shall participate in such testing and the District will pay for the testing at the facility designated by the District. The Associate Superintendent for Human Resources or designee will notify the employee of the employee’s job status during the period of time necessary for fact-finding and determination of any possible further employment actions.
  3. When individual employees have been diagnosed with a communicable or infectious disease, determination of whether they should be permitted to continue to be employed in their assignment will be made by a review of each individual case.  The Associate Superintendent for Human Resources or designee may enlist the help of the Health Care Response Team (HCRT) and/or ADA Coordinator for a recommendation concerning possible employment actions. The Associate Superintendent for Human Resources or designee will consider the following factors in making a recommendation:
    • The employee’s work place and interaction with other persons.
    • The physical condition of the employee. 
  4. Whether the employee’s condition substantially interferes with the performance of the essential job functions with or without reasonable accommodation.
  5. Whether the employee poses a substantial possibility of harm to others.
  6. Based upon the information available regarding the employee’s health situation, the Associate Superintendent for Human Resources or designee may determine the following employment actions:
    • Continue employment in the current or different assignment.
    • Use paid leave.
    • Afford reasonable accommodations as may permit the employee to perform essential job functions.
    • Recommend to the Lincoln Board of Education:
    • Leave of absence
    • Reduction in amount of employment
    • Termination
    • Any combination of the above
  7. If the employee’s employment status will be affected, appropriate due process procedures as required by law shall be followed.

An employee’s refusal to work with a person with a communicable or infectious disease is not a valid excuse for failure to complete work responsibilities. However, no employee shall be required to work under any condition or perform tasks which unreasonably endanger the individual’s health, safety or wellbeing. Knowledgeable professionals who can discuss the cause of diseases and transmission will be made available to employees with concerns.

 

This policy shall in all respects be applied consistent with the Americans with Disabilities Act, regulations of the Health and Human Services relating to communicable diseases and other federal and state laws.