C.F.R. » Title 45 » CHAPTER XIII—ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—THE ADMINISTRATION FOR CHILDREN AND FAMILIES, HEAD START PROGRAM › PART 1302—PROGRAM OPERATIONS › Subpart I—Human Resources Management

45 C.F.R. § 1302.93

Staff health and wellness

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(a) A program must ensure each staff member has an initial health examination and a periodic re-examination as recommended by their health care provider in accordance with state, tribal, or local requirements, that include screeners or tests for communicable diseases, as appropriate. The program must ensure staff do not, because of communicable diseases, pose a significant risk to the health or safety of others in the program that cannot be eliminated or reduced by reasonable accommodation, in accordance with the Americans with Disabilities Act and section 504 of the Rehabilitation Act.

(b) A program must make mental health and wellness information available to staff regarding health issues that may affect their job performance, and must provide regularly scheduled opportunities to learn about mental health, wellness, and health education.

(c)(1) A program must provide, for each staff member, regular breaks of adequate length and frequency based on hours worked, including, but not limited to, time for meal breaks as appropriate.

(2) If applicable Federal, State, or local laws or regulations have more stringent requirements for breaks, a program should comply with the more stringent requirements.

(3) During break times for classroom staff described in paragraph (c)(1) of this section, one teaching staff member may be replaced by one staff member who does not meet the teaching qualifications required for the age, provided that this staff member has the necessary training and experience to ensure safety of children and minimal disruption to the quality of services. If providing a break during nap time, a program may comply with § 1302.21(b)(1)(ii).

(d) A program should cultivate a program-wide culture of wellness that empowers staff as professionals and supports staff to effectively accomplish their job responsibilities in a high-quality manner, in line with the requirement at § 1302.101(a)(2).

[81 FR 61412, Sept. 6, 2016, as amended at 86 FR 68101, Nov. 30, 2021; 88 FR 41334, June 26, 2023; 89 FR 67815, Aug. 21, 2024]
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2022 · leading case: Livingston Educ. Serv. v. Xavier Becerra, 35 F.4th 489 (6th Cir. 2022).
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Livingston Educ. Serv. v. Xavier Becerra, 35 F.4th 489 (6th Cir. 2022). · cites it 2× “The previous version of 45 C.F.R. § 1302.93 , which was in effect from November 2016 to November 2021, was titled “Staff health and wellness.”
Livingston Educ. Serv. Agency v. Dep't of Health & Human Servs., Sec'y of (E.D. Mich. 2022). · cites it 3× “See 45 C.F.R. §§ 1302.93 , 1302.94. Days before the January 31 deadline, four Michigan school districts brought the present case in which they ask the Court to declare the Rule unlawful and enjoin its enforcement in their districts.”
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