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<br />. <br /> <br />e <br /> <br />City of La Porte <br />Personnel Policies <br /> <br />CHAPTER 9 <br />NON DISCIPLINARY SEPARATION <br />SECTION 1 - RESIGNATION <br /> <br />An employee may resign their City employment by submitting a written resignation at least <br />fourteen (14) calendar days in advance of the final work date. The City Manager may <br />waive any portion of the resignation notice period. <br /> <br />SECTION 2 - MEDICAL INCAPACITY <br /> <br />Employees may be separated from City employment because of incapacity for medical <br />reasons when the employee is no longer capable of performing the essential job functions <br />of the position and cannot be reasonably accommodated. An employee who cannot <br />return to work under the above conditions within thirty (30) calendar days following <br />exhaustion of accrued sick and vacation leave for any illness or injury shall be separated <br />from the City's service unless further leave is granted by the City Manager. In the event <br />the employee chooses not to use accrued sick and vacation leave, the thirty (30) <br />calendar day provision shall remain in force and shall be counted from the date of refusal. <br />A written notice of refusal shall be signed by the employee and delivered to the Human <br />Resources office. <br /> <br />The City has a business necessity for each of its budgeted positions and must ensure <br />that City public service continues. If an employee cannot receive a medical statement <br />releasing them to perform all the essential job functions of their present position, the <br />employee can be replaced, provided no other reasonable accommodation can be made <br />to such an employee. <br /> <br />It shall be considered a reasonable accommodation for an employee being separated for <br />medical incapacity to be transferred to another job classification which they can perform <br />if an opening exists and if the new job classification would allow continued employment <br />with the current incapacity. Such accommodation will be made with the approval of the <br />Department Director and the City Manager. <br /> <br />SECTION 3 - REINSTATEMENT FOLLOWING SEPARATION FOR INCAPACITY <br /> <br />An employee who was unable to be reasonably accommodated and who has been <br />separated for medical incapacity reasons may be reinstated within one (1) year following <br />separation provided that: <br />1. The reason for the incapacity has been corrected or eliminated. <br />2. The person's previous position or similar position is available. <br />3. The person remains otherwise qualified to perform the essential functions <br />of that position. <br /> <br />33 <br />