An Employee may be terminated or reclassified if the employee is unable to perform, with or without reasonable accommodations, the essential functions of the employed position. The Commissioner may at any time require an employee to be examined by a physician of the commissioner’s choice for the purpose of determining the employee’s ability to perform the function and duties of the position. Such examination, if required by the commissioner, shall be made at the expense of the employer. Any employee terminated pursuant to this section may apply for reemployment rights as provided for in ARSD 55:01.07:02.06.
An employee may be compelled, with the concurrence of a medical doctor, to take leave for a temporary disability, which seriously affects the quality or quantity of work, performed or which endangers the health of the employee. ARSD 55:01:15:01:04.