Common use of Acceptable Medical Leave Evidence Clause in Contracts

Acceptable Medical Leave Evidence. If a supervisor has sufficient reason to believe that an employee is abusing sick leave benefits, the supervisor may require that the employee provide acceptable medical evidence (“AME”) to substantiate the reason for the absence. An attendance record indicating a prior abuse of sick leave or a pattern of excessive use, excluding absences resulting from approved leave under the Family and Medical Leave Act (“FMLA”), approved leave provided as an accommodation under the Americans with Disabilities Act (“ADA”), or approved leave attributed to a worker’s compensation injury or disease, is deemed sufficient justification for requiring the submission of AME. Prior to an employee being placed on A.M.E., he/she will be notified in writing by the Employer that such action is under consideration. The Employer reserves the right to verbally notify the employee that he/she must provide A.M.E. when the Employer believes that the employee is abusing sick leave for a single absence. An employee who disagrees with placement on A.M.E. status may utilize the grievance procedure. Upon request, the Employer will provide the employee with a written explanation of reason(s) for requiring the employee to provide A.M.E. The written explanation will be provided within five (5) workdays of the request. An employee who believes the Employer’s stated reason for placing him/her on A.M.E. is not justified may utilize the grievance procedure to challenge the Employer’s action. The filing of a grievance does not, however, excuse the employee from providing the requested A.M.E. and the employee must respond to the request within five (5) work days. The status of an employee who has been placed on A.M.E. shall be reviewed on at least a six (6) month basis. Decisions to remove an employee from the requirement to provide A.M.E. will be dependent on a demonstrated reduction and change in the employee's pattern of sick leave usage.