NAC284.611. Separation for physical, mental or emotional disorder.

     1. Before separating an employee because of a physical, mental or emotional disorder which results in the inability of the employee to perform the essential functions of his or her job, the appointing authority must:

     (a) Verify with the employee’s physician or by an independent medical evaluation paid for by the appointing authority that the condition does not, or is not expected to, respond to treatment or that an extended absence from work will be required;

     (b) Determine whether reasonable accommodation can be made to enable the employee to perform the essential functions of his or her job;

     (c) Make a request to the Administrator of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to obtain the services provided by that Division, or if the employee is receiving worker’s compensation, request the services of the rehabilitation provider, to evaluate the employee’s condition and to provide any rehabilitative services possible; and

     (d) Ensure that all reasonable efforts have been made to retain the employee.

     2. A separation pursuant to this section is only justified when:

     (a) The information obtained through the procedures specified in subsection 1 supports the decision to separate;

     (b) The employee is not on sick leave or other approved leave; and

     (c) A referral has been made to the Public Employees’ Retirement System and the employee has been determined to be ineligible for, or has refused, disability retirement.

     3. A permanent employee separated pursuant to this section is entitled to the same rights and privileges afforded permanent employees who are dismissed for disciplinary reasons. The procedures contained in NAC 284.655 to 284.6563, inclusive, must be followed, and he or she may appeal the separation to the hearing officer.

     4. A permanent employee who is separated because of a physical, mental or emotional disorder is eligible for reinstatement pursuant to NAC 284.386 if he or she recovers from the disorder within 2 years after the termination.

     (Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 8-1-91; 12-26-91; 7-6-92; R197-99, 1-26-2000; A by Personnel Comm’n by R182-03, 1-27-2004; R143-05, 12-29-2005; R063-09, 11-25-2009)