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District Policies

Viewing Policy: SP 4119.41 Employees with Infectious Disease



The San Benito County Superintendent of Schools desires to promote the health of Department students and staff in order to reduce absenteeism and enhance employee and student performance. The Superintendent or designee shall develop strategies to prevent the outbreak or spread of infectious diseases at Department schools.

An infectious disease is one that is caused by a microorganism and is potentially transmittable to another individual, whether through airborne transmission, bloodborne transmission, skin-to-skin contact, foodborne transmission, or other casual or noncasual means. A communicable infectious disease, such as influenza or chicken pox, is contagious and can be readily transmitted by infectious bacteria or viral organisms.

In accordance with law, job applicants shall be required to provide evidence that they are free of tuberculosis or any other communicable infectious disease prior to beginning employment.

To prevent the outbreak or spread of infectious diseases, the Superintendent or designee may provide infection prevention supplies and information to employees, including information about recommended vaccinations. Employees also shall observe universal precautions to avoid contact with potentially infectious blood or other bodily fluids.

Plans for addressing a communicable infectious disease outbreak, including, but not limited to, plans for addressing employee shortages during such an outbreak, shall be included in the Department’s emergency preparedness plan.

The Superintendent or designee shall immediately report to the local health officer the presence or suspected presence of any communicable infectious disease. In addition, a school nurse or other health care provider who knows of or is in attendance on a case or suspected case of any of the diseases or conditions listed in 17 CCR 2500 shall make a report to the local health officer. If no health care provider is in attendance, any individual having knowledge of a person who is suspected to be suffering from one of the specified diseases or conditions may make a report to the local health officer. (17 CCR 2500, 2508)

Nondiscrimination/Reasonable Accommodation

The County Superintendent shall not discriminate against any employee or job applicant who has an infectious disease that meets the federal or state definition of a disability under the Americans with Disabilities Act, California Fair Employment and Housing Act, or Section 504 of the Federal Rehabilitation Act. (Government Code 12900-12996; 29 USC 794; 42 USC 12101-12213)

The County Superintendent encourages each employee to inform the Department  as soon as possible if he/she contracts an infectious disease which creates a physical or mental disability. Upon request, the District shall engage in the interactive process and provide any qualified person with a disability with a reasonable accommodation to perform the essential duties of his/her position in accordance with the criteria and processes described in AR 4032 – Reasonable Accommodation.




The County Superintendent may reassign or grant disability leave to an employee who is unable to perform his/her job responsibilities because of illness or because the employee’s illness significantly endangers his/her health or safety or the health or safety of others.


No employee will be discriminated against because of his/her disability. Legal protections established for disabled persons extend to individuals significantly impaired by infectious diseases.


When informed that an employee has a disabling infectious disease, the County Superintendent or designee may request that the employee sign a release form to provide confidential medical information and records.


In determining a reasonable accommodation of the employee’s condition, the County Superintendent or designee may consult with public health officials or physicians with expertise in the diagnosis and treatment of infectious disease. The County Superintendent or designee may also communicate with the employee’s physician regarding the employee’s ability to perform the essential requirements of the job with reasonable accommodation and without posing significant health or safety risks to the employee or others.


The County Superintendent or designee shall prepare a confidential report which includes his/her recommendation and the medical information upon which it is based. These recommendations shall take into consideration:


The nature of the disease and the probability of its being transmitted, including the duration and severity of the risk


The  physical  condition  of  the  employee,  including  diagnosis,  treatment,  and prognosis of the condition


The actual requirements of the employee’s job and the expected type of interaction with others in the school setting


The job assignment of an employee with a disabling infectious disease shall be reevaluated whenever there is a change in medical knowledge or in the employee’s medical regimen or health which might affect his/her assignment.




The County Superintendent or designee shall ensure that employee rights to confidentiality are strictly observed. The Department shall disclose medical record information only to the extent required or permitted by law. The medical records of any employee with a disabling infectious disease shall be held in strict confidence.


Legal Reference: (see next page)




Legal Reference:


44839 Medical certificate; periodic medical examination

44839.5 Requirements for employment of retirant

49406 Examination for tuberculosis (employees)


56-56.37  Confidentiality of medical information GOVERNMENT CODE

12900-12996 Fair Employment and Housing Act HEALTH AND SAFETY CODE

120975-121020 Mandated blood testing and confidentiality to protect public health CODE OF REGULATIONS, TITLE 2

7293.5 et seq., Discrimination based on disability


5502-5504 Medical certification


2500 Reportable diseases and conditions

2508 Reporting of communicable diseases; duty of schools


794 Section 504 of the Rehabilitation Act of 1973


12101-12213 Americans With Disabilities Act COURT DECISIONS

Chevron USA v. Echazabal, (2002) 536 U.S. 73, 122 S.Ct. 2045

School Board of Nassau County, Fla. v. Arline, 408 U.S. 273 (1987)

Management Resources:


H1N1 Influenza (Swine Flu), Fact Sheet, April 2009

Pandemic Influenza, Fact Sheet, September 2007


California HIV/AIDS Laws, 2009, January 2010


Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, October 2002



California Department of Public Health:

California School Nurses Organization:

Centers for Disease Control and Prevention:

Equal Employment Opportunity Commission:

U.S. Department of Health and Human Services:



Policy Approved: 12-12-18