Disability Separation Procedures Sample Clauses
Disability Separation Procedures. A disability separation will be granted when an employee has exhausted his/her accumulated sick leave, vacation leave and personal leave, etc., and any authorized leave of absence without pay and is:
1. Hospitalized or institutionalized, or on a period of convalescence following hospitalization or institutionalization as authorized by a physician at the hospital or institution; or
2. Is declared physically incapable of performing the duties of his/her position by a licensed physician as designated by the Administrator. If such examination if requested by the Administrator, the costs shall be paid by the Employer.
Disability Separation Procedures. 1. In the event an employee has demonstrated an inability to perform the essential functions of his or her job or when determining an employee's mental or physical ability to perform work for and represent the Employer, medical evidence presented by the employee may be relied upon or, in its discretion, the Employer may require the employee to submit to an examination conducted by a licensed physician or psychologist who is selected and paid by the Employer. The Employer may place the employee on paid administrative leave of absence pending the examination. If the employee is determined to be unable to perform the essential functions of his or her job, the employee will be temporarily placed on available leave time until a final determination can be made regarding the employee's ability to perform the essential functions of the employee's position. The disability separation process shall be governed by the provisions in this Article and the applicable policy.
2. A disability preseparation hearing will be scheduled within fourteen (14) calendar days, but no sooner than twenty-four (24) hours, from the Employer's receipt of the report of the physical examination as outlined above, with the Employer and/or designee, the employee and the OPBA Representative to review the findings from the Employer's examination(s). The parties may mutually agree to extend the fourteen (14) day period for holding the hearing. At the hearing, the employee may present any substantive medical evidence which the employee believes refutes the findings from the previous examination(s). If the employee has reason to doubt the findings from the previous examination(s), the employee may submit the results of a second examination conducted by a professional selected and paid for by the employee.
3. Based on the substantive medical evidence supplied at the disability preseparation hearing, the Employer shall make a decision as to the employee's fitness for duty. If the Employer determines the employee is capable of performing his or her essential job duties, the employee shall be returned to work. If the Employer determines that the employee is unable to perform his or her essential job functions, the Employer shall issue a decision stating the basis for the decision. and the employee shall be placed on the appropriate paid leave, family medical leave, or may be disability separated. If the Employer determines the employee is capable of performing his or her essential job duties, the empl...