3031

4031

COMMUNICABLE DISEASES OR CONDITIONS/EMPLOYEES

3031

4031

It is the policy of the Wake County Board of Education to attempt to provide a safe and secure environment for all students and employees.  In an effort to maintain a balance between the need to protect the rights of students and employees and to control the spread of serious communicable diseases and conditions, decisions regarding the employment status of employees with communicable diseases or conditions shall be made on a case-by-case basis, in accordance with this policy.

3031.1

4031.1

In order to prevent the spread of communicable diseases and conditions, universal health and safety precautions, which include regulations regarding the cleanup of all bodily fluids (including blood), shall be distributed by the administration and shall be followed by all school system employees.  Failure to follow these universal precautions may result in disciplinary action against the offending employee.  Instances of an employee’s failure to follow the universal precautions shall be reported to the school principal or the assistant superintendent for human resources – employee relations.

3031.2

4031.2

In accordance with North Carolina General Statute section 130A-136, school principals shall report suspected cases of reportable communicable diseases or conditions to the Wake County Health Director for investigation and shall provide the health director with available factual information to substantiate the report.  Such reports are to remain strictly confidential and may be shared only with other staff members as necessary to prepare and file a report.  All staff members who are made aware of any such report shall keep the information strictly confidential.  Without releasing any information that would identify the affected employee, the principal also shall report suspected cases of reportable communicable diseases or conditions to the superintendent.

3031.3

4031.3

Any employee suffering from a communicable disease or condition shall follow all control measures given to him/her by the health director and shall take all necessary precautions to prevent the transmission of the disease or condition.  Any school system employee who has reason to believe that a fellow employee is suffering from a reportable communicable disease and that the fellow employee is failing to follow safe practices shall report this to his/her principal or supervisor or the health director.  Supervisory personnel shall report all such unsafe conduct to the health director.  Failure to follow control measures may result in severe sanctions against the offending employee.  An employee suffering from a communicable disease or condition is encouraged to inform his/her principal so that appropriate accommodations may be made and appropriate precautions may be taken.

3031.4

4031.4

If the Wake County Health Director notifies the superintendent or any other school system personnel that a school system employee with a communicable disease or condition may be posing a threat to the public health, these personnel shall cooperate with the health director in eliminating the threat.

3031.5

3031.5

The Board will follow all applicable state and federal laws and regulations and this policy in determining when an employee with a communicable disease or condition shall be required to take leave from his/her position or otherwise be restricted from continuing his/her employment.

3031.6

4031.6

Any employee who feels he/she is unable to continue to perform his/her regular duties due to a communicable disease or condition or who feels he/she may risk transmitting his/her disease to others if he/she continues to perform his/her assigned duties may request the superintendent or his/her designee to consider altering his/her duties or other conditions of his/her employment.  The employee seeking alteration in the conditions of employment must apprise the superintendent or his/her designee of his/her condition, submitting medical documentation regarding such condition, suggest possible accommodations known to him/her, and cooperate in any ensuing discussing and evaluation regarding whether there are possible reasonable accommodations.  If the superintendent so requests, the employee also must give the superintendent written permission either to consult with appropriate medical personnel or to convene an interdisciplinary committee to receive medical information regarding the employee in order to assist the superintendent in determining whether alternative employment opportunities reasonably can be provided to the affected employee.  The committee may include appropriate school system personnel; appropriate medical personnel, including the employee’s personal physician when possible; the health director or his/her designee, and the employee.

 When addressing the issue of whether reasonable accommodation is possible, the superintendent shall determine to what degree the employee’s presence in his/her current job exposes students or other staff to possible transmission of the disease and/or whether the employee is able to continue in his/her current position with reasonable modifications.  The superintendent shall consult with the health director if there is any question as to the employee’s risk of transmission on the job.  If the superintendent determines that a significant risk of transmission exists in the employee’s current position or that the employee is no longer able to continue in his/her current position for health reasons, the superintendent shall determine whether alternative employment opportunities are reasonably available within the school system.

 If the employee requesting accommodation refuses to consent to the release of information to medical personnel or an interdisciplinary committee appointed by the superintendent, his/her request for an accommodation may be denied until the employee agrees to allow the superintendent to consult with the necessary parties.

3031.7

4031.7

Any employee who has been absent for more than 40 successive school days because of a communicable disease must, before returning to work, provide a physician’s certificate certifying that the employee is free of any communicable disease.

3031.8

4031.8

Nothing in this policy is intended to grant or confer any employment rights beyond those existing by law or contract.

Legal Reference: Americans With Disabilities Act, 42 U.S.C. §1681 et seq., G.S. 130A, Article 6, and 15A NCAC 19A.0110 et seq.; 115C-323

Adopted: June 15, 1987

Revised: October 18, 1989

Revised: December 31, 1992

Revised: August 17, 1998

Revised: September 27, 1999

Revised: May 21, 2002