May an employee who is unable to perform the essential functions of a position due to a disability request to be separated from employment?
An employee who is unable to perform the essential functions of the employee's position due to mental, sensory, or physical incapacity may notify the employer that they do not wish to pursue accommodation and would like to be separated from employment. In this case, the appointing authority is not required to consider a reasonable accommodation and may initiate a disability separation in accordance with WAC
357-46-160.
[Statutory Authority: Chapter
41.06 RCW, RCW
43.10.005 and
49.76.040. WSR 19-05-056, § 357-26-025, filed 2/15/19, effective 3/29/19. Statutory Authority: Chapter
41.06 RCW. WSR 05-01-196, § 357-26-025, filed 12/21/04, effective 7/1/05.]