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Handbook of Operating Procedures
Handbook of Operating Procedures
Chapter 4 - Personnel
Publication Date: June 6, 2026
Policy Reviewed Date: June 6, 2026
Policy Owner: VPBA


4.36 Fitness for Duty

I. POLICY STATEMENT

The University of Texas at San Antonio general academic campus is committed to maintaining a safe and effective work and educational environment for all members of the university community. To ensure the health and safety of the university community, it is essential that every employee reports to work with a physical, mental, and emotional readiness to carry out their responsibilities effectively and safely.

II. RATIONALE

The purpose of this policy is to establish the procedures by which the university will evaluate an employee’s fitness for duty when the employee is (1) having observable difficulty performing work duties in a manner that is effective and/or safe, or (2) posing an imminent and serious safety threat to self or others.

III. SCOPE

This policy applies to all University of Texas at San Antonio general academic campus employees.

IV. WEBSITE ADDRESS FOR THIS POLICY

https://www.utsa.edu/hop/chapter4/4.36.html

V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS

  1. University of Texas System Policies or the Board of Regents' Rules & Regulations
    1. UT System Board of Regents' Rule 31008: Termination of a Faculty Member
    2. UT System Board of Regents' Rule 30601: Discipline and Dismissal of Classified Employees
  2. UTSA HOP Policies
    1. HOP 2.13 Termination and Non-reappointment of a Tenured or Tenure-Track Faculty Member
    2. HOP 3.03 Discipline and Dismissal of Classified Employees
    3. HOP 9.02 Persons with Disabilities
    4. HOP 9.16 Use of Alcoholic Beverages
    5. HOP 9.18 Drugs and Alcohol
    6. HOP 9.30 Drug and Alcohol Testing (Certain Holders of Commercial Drivers' Licenses)
  3. Related Statutes
    1. Drug-Free Workplace Act for Federal Contractors and Grantees | SAMHSA
    2. 34 C.F.R 86 (“EDGAR 86”, which is the Department of Education’s Regulations implementing the requirements of the Drug-Free Schools and Communities Act Amendments of 1989).

VI. CONTACTS

If you have questions about HOP 4.36, Fitness for Duty, please contact the following office:

  1. People Excellence
    210-458-4250
    hr@utsa.edu

VII. DEFINITIONS

  1. Fit For Duty: Fitness for duty refers to an employee’s physical, mental, and emotional readiness to carry out their responsibilities effectively and safely. An employee is considered Fit For Duty when they can perform their essential job functions in a safe, secure and effective manner without posing a risk to themselves or others.

VIII. RESPONSIBILITIES

  1. Employees
    1. Employees are responsible for reporting to work Fit For Duty and performing the essential functions of their job in a safe, secure, and effective manner at all times.
    2. Employees are responsible for notifying a supervisor and/or their HR Business Partner, if they are unfit for duty, or if they observe a UTSA employee acting in a manner that suggests the employee may not be Fit For Duty.
    3. All UTSA employees are subject to this Policy and must comply with all aspects of the fitness for duty and assessment procedures. The failure to do so may be grounds for disciplinary action up to and including termination of employment.
  2. Supervisors
    1. Supervisors are responsible for observing the performance and behavior of employees they supervise and following these procedures when presented with circumstances or knowledge that indicate an employee may not be Fit For Duty.
    2. Supervisors shall not communicate with an employee’s health care provider. Any necessary communication with the employee’s health care provider will be made by People Excellence.
      1. Any document containing medical information about an employee is regarded as confidential. If a supervisor has any medical information about an employee, that information must be provided to People Excellence.

IX. PROCEDURES

  1. A supervisor who receives reliable information, or observes behavior, that suggests an employee may not be Fit For Duty, will document the information and observations and contact People Excellence as soon as practical.
    1. If it is after regular business hours, the supervisor should determine whether the behavior is posing an immediate safety concern and if the UTSA Police Department should be notified.
    2. The UTSA Police Department should be contacted immediately if:
      1. There is evidence that a crime has been committed;
      2. The employee is threatening to harm themself or others; or
      3. The employee is behaving in any manner that is immediately dangerous to themself or others.
  2. In collaboration with the supervisor, university leadership and People Excellence, a decision will be made on whether further investigation is needed or if the situation requires a fitness for duty assessment.
    1. A fitness for duty assessment may include drug or alcohol testing and/or a medical or psychiatric evaluation, depending on the situation and the information received.
    2. The university may reassign the employee to alternate duties or place the employee on paid administrative leave while awaiting and evaluating the results of the fitness for duty assessment.
    3. The university may choose to designate a health care provider to perform the fitness for duty assessment, or the university may request a second independent evaluation from a health care provider designated by the university.
      1. The university shall pay the cost of the examination.
  3. In collaboration with the supervisor, university leadership and People Excellence, the results of the assessment will be reviewed, and appropriate action will be taken.
    1. Employees found unfit for duty may be removed from their position until they are deemed fit.
    2. Before an employee returns to their regular duties, documentation indicating the employee is Fit For Duty must be provided to People Excellence.
    3. The university may require additional work restrictions upon the employee’s return to work to ensure duties are performed in a safe, secure and effective manner.
  4. If an employee requires a reasonable accommodation to perform essential functions, the university will initiate the ADA process.
  5. Any employee’s failure to abide by this policy, or any employee found to have made a false report, may result in discipline up to and including separation of employment.

X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION

None

XI. FORMS AND TOOLS/ONLINE PROCESSES

  1. Employee Mental Health and Wellness Resources
  2. Americans with Disabilities Act (ADA) Resources
  3. Family Medical Leave (FMLA) Resources
  4. Student Wellbeing Resources

XII. APPENDIX

None

XIII. Dates Approved/Amended

None