Common use of Directed Use of Sick Leave/Medical Examinations Clause in Contracts

Directed Use of Sick Leave/Medical Examinations. a. The Office of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. While either in active work status or on any type of employee-related Sick Leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f. of this article with a copy provided to the Office of Human Resources and to the employee. (1) If the examination is conducted by a certified medical provider selected by the University, the University shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the University, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the University’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University.

Directed Use of Sick Leave/Medical Examinations. a. A. The Office Department of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. B. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office Department of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f4. F of this article Article, with a copy provided to the Office Department of Human Resources and to the employee. (1) . If the examination is conducted by a certified medical provider selected by the UniversityUSM institution, the University institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office Department of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) . In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the UniversityUSM institution, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the UniversityUniversity’s/College’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University/College. In selecting the third provider, the University University/College shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University/College.

Directed Use of Sick Leave/Medical Examinations. a. A. The Office of Human ResourcesPresident or designee, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes he/she determines that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. B. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources President or designee to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f. of this article with a copy provided to the Office of Human Resources and to the employee. (1) . If the examination is conducted by a certified medical provider selected by the UniversityUSM Institution, the University Institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of Human Resources President or designee in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) . In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the UniversityUSM Institution, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the expense of such shall be borne by the USM institution the employee’s medical provider and the University’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University.

Directed Use of Sick Leave/Medical Examinations. a. The Office of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. While either in active work status or on any type of employee-related Sick Leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f. of this article with a copy provided to the Office of Human Resources and to the employee. (1) If the examination is conducted by a certified medical provider selected by the University, the University it shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the University, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the University’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who has been under contract, or that who at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University.

Directed Use of Sick Leave/Medical Examinations. a. A. The Office of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. B. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.fIV. F of this article Article, with a copy copies provided to the Office of Human Resources and to the employee. (1) . If the examination is conducted by a certified medical provider selected by the UniversityUSM Institution, the University Institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) . In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the UniversityUSM Institution, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the UniversityUniversity’s/College’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University/College. In selecting the third provider, the University University/College shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University/College.

Directed Use of Sick Leave/Medical Examinations. a. A. The Office of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. B. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f4. F. of this article Article, with a copy provided to the Office of Human Resources and to the employee. (1) . If the examination is conducted by a certified medical provider selected by the UniversityUSM institution, the University institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) . In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the UniversityUSM institution, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the UniversityUniversity’s/College’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University.

Directed Use of Sick Leave/Medical Examinations. a. A. The Office of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. B. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f4. F. of this article Article, with a copy copies provided to the Office of Human Resources and to the employee. (1) . If the examination is conducted by a certified medical provider selected by the UniversityUSM institution, the University institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) . In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the UniversityUSM Institution, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the University’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University.

Directed Use of Sick Leave/Medical Examinations. a. A. The Office of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. B. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Article 13, Sick Leave, Section B.4.f. of this article 4.F with a copy provided to the Office of Human Resources and to the employee. (1) . If the examination is conducted by a certified medical provider selected by the UniversityUSM institution, the University institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) . In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the UniversityUSM institution, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s 's medical provider and the University’s 's medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s 's fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s 's opinion will be borne by the University.

Directed Use of Sick Leave/Medical Examinations. a. 1. The Office of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. 2. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f. of this article 11.2D.6 with a copy provided to the Office of Human Resources and to the employee. (1) a. If the examination is conducted by a certified medical provider selected by the UniversityUSM institution, the University institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) b. If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) c. In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the UniversityUSM institution, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the University’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University.

Directed Use of Sick Leave/Medical Examinations. a. ‌ A. The Office Department of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. B. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), ) and may be required to provide provided verification of fitness for duty, as directed by the Office Department of Human Resources Resources, to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f. 4.F of this article Article, with a copy provided to the Office Department of Human Resources and to the employee. (1) . If the examination is conducted by a certified medical provider selected by the UniversityUSM institution, the University institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's ’s own cost. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office Department of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) . In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's ’s personal health care provider and the certified medical provider selected by the UniversityUSM institution, the President or designee may choose which health care provider's ’s report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave ’s sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the University’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University.

Directed Use of Sick Leave/Medical Examinations. a. A. The Office of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. B. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f4. F. of this article Article, with a copy copies provided to the Office of Human Resources and to the employee. (1) . If the examination is conducted by a certified medical provider selected by the UniversityUSM Institution, the University Institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) . In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the UniversityUSM Institution, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the University’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University.

Directed Use of Sick Leave/Medical Examinations. a. The Office of A. Human ResourcesResource Services, in consultation with the employing school/department, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. While B. When there is a reason to believe that an employee is not performing his/her duties due to illness or a medical condition, and while either in on active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources Resource Services to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination evaluation will be made in writing by a certified medical provider as defined in Section B.4.f. 3, V, F, of this article Article, with a copy copies provided to the Office of Human Resources and to the employeeResource Services. (1) If . Upon University direction, the examination is will be conducted by a certified medical provider selected by the University, the University . The institution shall bear the costs of such medical examination. The Additionally, if an employee maydisagrees with the University physician’s examination results, however, the employee has the right to see his/her own physician physician, at the employee's own employee cost, and obtain a second opinion. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of employing school/department in consultation with Human Resources Resource Services in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicableapplicable or return to duty. (3) . In cases where there is a conflict between the evaluation, diagnosis, prognosis, diagnosis or recommendation of the employee's ’s personal health care provider and the certified medical provider selected by the University, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the University’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University. This section does not preclude the employee from pursuing any applicable rights of appeal provided by this MOU, the USM/UMB policies not covered by this MOU and by applicable law.

Directed Use of Sick Leave/Medical Examinations. a. A. The Office of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. B. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f4. F. of this article Article, with a copy provided to the Office of Human Resources and to the employee. (1) . If the examination is conducted by a certified medical provider selected by the UniversityUSM institution, the University institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's ’s own cost. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) . In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's ’s personal health care provider and the certified medical provider selected by the UniversityUSM institution, the President or designee may choose which health care provider's ’s report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave ’s sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the UniversityUniversity’s/College’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University.

Directed Use of Sick Leave/Medical Examinations. a. A. The Office of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. B. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f4. F. of this article Article, with a copy provided to the Office of Human Resources and to the employee. (1) . If the examination is conducted by a certified medical provider selected by the University, the University shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) . In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the University, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the University’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University.

Directed Use of Sick Leave/Medical Examinations. a. ‌ A. The Office Department of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. B. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office Department of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f4. F of this article Article, with a copy provided to the Office Department of Human Resources and to the employee. (1) . If the examination is conducted by a certified medical provider selected by the UniversityUSM institution, the University institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office Department of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) . In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the UniversityUSM institution, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the UniversityUniversity’s/College’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University/College. In selecting the third provider, the University University/College shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University/College.

Directed Use of Sick Leave/Medical Examinations. a. A. The Office of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. B. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f4. F. of this article Article, with a copy copies provided to the Office of Human Resources and to the employee. (1) . If the examination is conducted by a certified medical provider selected by the UniversityUSM institution, the University institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) . In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the University, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the University’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University.

Directed Use of Sick Leave/Medical Examinations. a. A. The Office of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. B. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Article 13, Sick Leave, Section B.4.f. of this article 4.F. with a copy provided to the Office of Human Resources and to the employee. (1) . If the examination is conducted by a certified medical provider selected by the Universitythe, USM institution, the University institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) . In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the UniversityUSM institution, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s 's medical provider and the University’s 's medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s 's fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s 's opinion will be borne by the University.

Directed Use of Sick Leave/Medical Examinations. a. A. The Office Department of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. B. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), ) and may be required to provide provided verification of fitness for duty, as directed by the Office Department of Human Resources Resources, to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f. 4.F of this article Article, with a copy provided to the Office Department of Human Resources and to the employee. (1) . If the examination is conducted by a certified medical provider selected by the UniversityUSM institution, the University institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's ’s own cost. (2) . If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office Department of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) . In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's ’s personal health care provider and the certified medical provider selected by the UniversityUSM institution, the President or designee may choose which health care provider's ’s report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave ’s sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the University’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University.

Directed Use of Sick Leave/Medical Examinations. a. 1. The Office of Human Resources, in accordance with the provisions of this MOU dealing with Family and Medical Leave, may direct an employee to use accrued Sick Leave sick leave if it believes that an employee is unable to perform the essential responsibilities of his/her position due to illness, injury or disability. b. 2. While either in active work status or on any type of employee-related Sick Leavesick leave, an employee may be required to undergo a medical examination(s) and evaluation(s), ) and may be required to provide verification of fitness for duty, as directed by the Office of Human Resources to ascertain whether the employee is able to regularly and routinely perform the responsibilities of his/her position. Such determination will be made in writing by a certified medical provider as defined in Section B.4.f. of this article 11.2D.6 with a copy provided to the Office of Human Resources and to the employee. (1) a. If the examination is conducted by a certified medical provider selected by the UniversityUSM institution, the University institution shall bear the costs of such medical examination. The employee may, however, see his/her own physician at the employee's own cost. (2) b. If the examination(s) reveal(s) that an employee is unable to regularly and routinely perform the responsibilities of his/her position, action may be taken by the Office of Human Resources in accordance with policies on voluntary separation, termination, reasonable accommodation, modified duty or disability retirement, if applicable. (3) c. In cases where there is a conflict between the evaluation, prognosis, diagnosis or recommendation of the employee's personal health care provider and the certified medical provider selected by the UniversityUSM institution, the President or designee may choose which health care provider's report to follow or may require subsequent medical examinations and evaluations in deciding what steps should be taken regarding the employee's Sick Leave sick leave status or continued employment. If subsequent medical examinations and evaluations are required, the employee’s medical provider and the University’s medical provider shall by agreement select the third medical provider who will render an opinion. In the event they are unable to reach agreement on a third medical provider, the third provider will be selected by the University. In selecting the third provider, the University shall not select a provider who that has been under contract, or that at the present time is under contract with the University/College. The decision of the President or designee regarding the employee’s fitness for duty will take into account the medical opinions rendered. The decision of the President or designee is final. The expense of obtaining the third medical provider’s opinion will be borne by the University.