10 The appointment of a staff member shall be terminated for reasons of health in accordance with the provisions of Staff Rule
1030 .
20 The decision to terminate a staff member’s appointment for reasons of health is taken by Director, Human Resources and Talent Management (HRT) based upon the advice of Staff Physician, Staff Health and Wellbeing (SHW). For staff members serving in regional offices or country offices, full medical information is forwarded by the Regional Staff Physician (RSP) directly to Staff Physician, SHW for consideration.
30 Prior to any decision being taken by Director HRT with respect to termination, the conditions set out in Staff Rule 1030.2 must be fulfilled, namely: (i) the medical condition must be assessed as being of long duration or likely to recur frequently; (ii) reassignment possibilities for staff members holding continuing or fixed-term appointments shall be explored and an offer made if this is feasible; (iii) participants in the Pension Fund shall have their pension rights determined.
40 Termination under Staff Rule
1030 and these eManual provisions apply only to terminations for reasons of health. They do not apply when separation occurs on any other grounds.
50 Prior to expiry of maximum sick leave entitlements under Staff Rule
740, where possible, Staff Physician, SHW makes an assessment, based on medical reports received, whether the health condition will be of long duration or likely to recur frequently.
Exploration of reassignment possibilities
60 If SHW assess that the medical condition is of long duration or likely to recur frequently, and that the staff member holding a continuing or fixed-term appointment is unable to perform their current duties but could perform other duties compatible with their medical condition, HRT explores reassignment possibilities for positions at the same grade, or one grade lower, through a review of current vacant positions globally for internationally recruited staff members, or at the duty station for locally recruited staff members– see
III.5.9 Reassignment.
70 The exploration of reassignment possibilities will take into consideration medical fitness and any related working constraints identified by SHW, and the staff member’s qualifications, skills and experience against the requirements of the relevant vacant positions.
80 If the staff member refuses, or fails to take up, a reasonable offer of reassignment, their appointment shall be terminated with three (3) months’ notice under Staff Rule
1072.
90 If no offer of reassignment is made, the staff member’s pension rights are determined pursuant to Staff Rule
1030.2.3.
100 Prior to any termination for reasons of health, SHW submits a request, accompanied by a medical report, for determination by the WHO Staff Pension Committee (SPC) as to whether a disability benefit would be awarded under article 33(a) of the United Nations Joint Staff Pension Fund (UNJSPF) regulations and Section H of the UNJSPF Administrative Rules.
110 If the SPC determines that the staff member is incapacitated within the meaning of the said UNJSPF regulations and Administrative Rules, the case is then submitted by the SPC to the UNJSPF for review and certification of the benefit.
120 HRT will notify the staff member in writing of any submission of their case to the SPC for consideration of the award of a disability benefit together with any relevant information on the staff member’s administrative situation pending the outcome of the SPC’s determination and, as applicable, certification of any award of disability by the UNJSPF.
130
Staff Physician, SHW will normally inform the staff member in writing of the medical conclusions upon which the decision to submit the case to the SPC was based except if such information may be harmful to the staff member, the medical findings may be provided in writing to a physician designated by the staff member.
140 Pending the final determination of the SPC and, as applicable, certification of any award of disability by the UNJSPF, further absence for reasons of health is charged to annual leave. Once annual leave is exhausted, the staff member may be placed provisionally on special leave without pay (Staff Rule
650) or, Director HRT may also consider in exceptional cases granting special leave at half-pay in accordance with Staff Rule
740.1.3.
150 Once in receipt of the UNJSPF’s communication on the staff member’s pension rights and any disability benefit and provided that all other conditions stated in Staff Rule 1030 have been fulfilled, HRT
will notify the staff member in writing of the decision to terminate their appointment for reasons of health including related information and options in accordance with Staff Rule
1030.3. HRT shall provide the staff member with three (3) months’ notice if holding a continuing or fixed term appointment as provided for in Staff Rule
1030.3.1.
160 HRT places all the related documentation in the staff member's records and informs the HR Action plan owner or their designee in order that the clearance process and the separation action are initiated.
170 If a disability benefit is awarded, the effective date for payment is the date of separation or, if earlier, the expiration of paid leave.
180 A staff member whose appointment is terminated for reasons of health in accordance with Staff Rule
1030:
- may be entitled to a termination payment under Staff Rules
1030.3.4. subject to the limits stated therein;
- may be entitled to a benefit under the Organization’s Accident and Illness Insurance policy for 10 years maximum or up to the Organization’s mandatory age of retirement, whichever is earlier;
-
shall always have the option to resign.
190 A staff member whose appointment is terminated for reasons of health under Staff Rule
1030 shall consult Staff Health Insurance (SHI) before separation to determine any entitlement to after-service participation in SHI under SHI Rules.
200 A staff member who has reached the Organization’s mandatory age of retirement may not be separated under Staff Rule 1030 and no termination indemnity shall be paid. If a staff member is within 12 months of reaching that age when separated, the termination indemnity under Staff Rule
1030 shall be reduced on a pro-rata basis in accordance with Staff Rule
1050.12.
210 A staff member who is not separated for reasons of health, as it was not determined that their health condition will be of long duration or likely to recur frequently may, in accordance with administrative rules H. 4 and H.55 of the UNJSPF, submit a request directly to the secretary of the SPC. A request for a disability benefit must normally be submitted no later than four months after the date of separation or commencement of special leave without pay. (See
UNJSPF website for details).
220 A staff member who resigns for health reasons is not subject to the normal requirements for advance notice.
Request for Administrative Review
230 A staff member may request an administrative review of the decision to terminate their appointment for reasons of health further to Staff Rule 1225. The request must submitted within 60 calendar days of the staff member's receipt of the written notification of termination. (See section
III.12.3 Administrative review for more information).
