Common use of Disability Separation Clause in Contracts

Disability Separation. ‌ A. An employee with permanent status may be separated from service when the Employer determines that the employee is unable to perform the essential functions of the employee’s position due to a mental, sensory, or physical disability, which cannot be reasonably accommodated. Determinations of disability may be made by the Employer based on an employee’s written request for disability separation or after obtaining a written statement from a licensed health care professional. The Employer can require an employee to obtain an independent medical examination at Employer expense, from a licensed health care professional of the Employer’s choice. Evidence may be requested from the licensed health care professional regarding the employee’s limitations. B. When the Employer has medical documentation of the employee’s disability, has met its obligation to explore accommodation options, including placement in any vacant funded position at the same or lower level of pay and benefits for which the employee qualifies, and has determined that the employee cannot be reasonably accommodated, or the employee requests separation due to disability, the Employer may separate the employee with five (5) calendar days’ notice. The Employer will provide the Union with a copy of any disability separation letters. C. The Employer will inform the employee in writing of the option to apply to return to employment prior to their separation due to disability. The Employer will provide assistance to individuals seeking reemployment under this Article for two (2) years. If reemployed, upon successful completion of the employee’s probationary period, the time between separation and reemployment will be treated as leave without pay and will not be considered a break in service. D. A disability separation is not a disciplinary action. An employee who has been separated due to disability may grieve their disability separation only up to the final internal step of the grievance procedure. Disability separation at the employee’s request is not subject to the grievance procedure in Article 30.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Disability Separation. ‌ A. An employee with permanent status may be separated from service when the Employer determines that the employee is unable to perform the essential functions of the employee’s position due to a mental, sensory, or physical disability, which cannot be reasonably accommodated. Determinations of disability may be made by the Employer based on an employee’s written request for disability separation or after obtaining a written statement from a licensed health care professional. The Employer can require an employee to obtain an independent medical examination at Employer expense, from a licensed health care professional of the Employer’s choice. Evidence may be requested from the licensed health care professional regarding the employee’s limitations. B. When the Employer has medical documentation of the employee’s disability, has met its obligation to explore accommodation options, including placement in any vacant funded position at the same or lower level of pay and benefits for which the employee qualifies, and has determined that the employee cannot be reasonably accommodated, or the employee requests separation due to disability, the Employer may separate the employee with five (5) calendar days’ days notice. The Employer will provide the Union with a copy of any disability separation letters. C. The Employer will inform the employee in writing of the option to apply to return to employment prior to their separation due to disability. The Employer will provide assistance to individuals seeking reemployment under this Article for two (2) years. If reemployed, upon successful completion of the employee’s probationary period, the time between separation and reemployment will be treated as leave without pay and will not be considered a break in service. D. A disability separation is not a disciplinary action. An employee who has been separated due to disability may grieve their disability separation only up to the final internal step of the grievance procedure. Disability separation at the employee’s request is not subject to the grievance procedure in Article 30.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Disability Separation. ‌ A. An employee with permanent status may be separated from service when the Employer determines that the employee is unable to perform the essential functions of the employee’s position due to a mental, sensory, or physical disability, which cannot be reasonably accommodated. Determinations of disability may be made by the Employer based on an employee’s written request for disability separation or after obtaining a written statement from a licensed health care professional. The Employer can require an employee to obtain an independent medical examination at Employer expense, from a licensed health care professional of the Employer’s choice. Evidence may be requested from the licensed health care professional regarding the employee’s limitations. B. When the Employer has medical documentation of the employee’s disability, has met its obligation to explore accommodation options, including placement in any vacant funded position at the same or lower level of pay and benefits for which the employee qualifies, and has determined that the employee cannot be reasonably accommodated, or the employee requests separation due to disability, the Employer may separate the employee with five (5) calendar days’ notice. The Employer will provide the Union with a copy of any disability separation letters. C. The Employer will inform the employee in writing of the option to apply to return to employment prior to their separation due to disability. The Employer will provide assistance to individuals seeking reemployment under this Article for two (2) years. If reemployed, upon successful completion of the employee’s probationary period, the time between separation and reemployment will be treated as leave without pay and will not be considered a break in service. D. A disability separation is not a disciplinary action. An employee who has been separated due to disability may grieve their disability separation only up to the final internal step Step 3 of the e grievance procedure. Disability separation at the employee’s request is not subject to the grievance procedure in Article 30.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Disability Separation. A. An employee with permanent status may be separated from service when the Employer determines that the employee is unable to perform the essential functions of the employee’s position due to a mental, sensory, or physical disability, which cannot be reasonably accommodated. Determinations of disability may be made by the Employer based on an employee’s written request for disability separation or after obtaining a written statement from a licensed health care professional. The Employer can require an employee to obtain an independent medical examination at Employer expense, from a licensed health care professional of the Employer’s choice. Evidence may be requested from the licensed health care professional regarding the employee’s limitations. B. When the Employer has medical documentation of the employee’s disability, has met its obligation to explore accommodation options, including placement in any vacant funded position at the same or lower level of pay and benefits for which the employee qualifies, and has determined that the employee cannot be reasonably accommodated, or the employee requests separation due to disability, the Employer may separate the employee with five (5) calendar days’ days notice. The Employer will provide the Union with a copy of any disability separation letters. C. The Employer will inform the employee in writing of the option to apply to return to employment prior to their separation due to disability. The Employer will provide assistance to individuals seeking reemployment under this Article for two (2) years. If reemployed, upon successful completion of the employee’s probationary period, the time between separation and reemployment will be treated as leave without pay and will not be considered a break in service. D. A disability separation is not a disciplinary action. An employee who has been separated due to disability may grieve their disability separation only up to the final internal step of the grievance procedure. Disability separation at the employee’s request is not subject to the grievance procedure in Article 30.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Disability Separation. A. An employee with permanent status may be separated from service when the Employer determines that the employee is unable to perform the essential functions of the employee’s position due to a mental, sensory, or physical disability, which cannot be reasonably accommodated. Determinations of disability may be made by the Employer based on an employee’s written request for disability separation or after obtaining a written statement from a licensed health care professional. The Employer can require an employee to obtain an independent medical examination at Employer expense, from a licensed health care professional of the Employer’s choice. Evidence may be requested from the licensed health care professional regarding the employee’s limitations. B. When the Employer has medical documentation of the employee’s disability, has met its obligation to explore accommodation options, including placement in any vacant funded position at the same or lower level of pay and benefits for which the employee qualifies, and has determined that the employee cannot be reasonably accommodated, or the employee requests separation due to disability, the Employer may separate the employee with five (5) calendar days’ notice. The Employer will provide the Union with a copy of any disability separation letters. C. The Employer will inform the employee in writing of the option to apply to return to employment prior to their separation due to disability. The Employer will provide assistance to individuals seeking reemployment under this Article for two (2) years. If reemployed, upon successful completion of the employee’s probationary period, the time between separation and reemployment will be treated as leave without pay and will not be considered a break in service. D. A disability separation is not a disciplinary action. An employee who has been separated due to disability may grieve their disability separation only up to Step 3 of the the final internal step of the grievance procedure. Disability separation at the employee’s request is not subject to the grievance procedure in Article 30.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Disability Separation. A. An employee with permanent status may be separated from service when the Employer determines that the employee is unable to perform the essential functions of the employee’s position due to a mental, sensory, or physical disability, which cannot be reasonably accommodated. Determinations of disability may be made by the Employer based on an employee’s written request for disability separation or after obtaining a written statement from a licensed health care professional. The Employer can require an employee to obtain an independent medical examination at Employer expense, from a licensed health care professional of the Employer’s choice. Evidence may be requested from the licensed health care professional regarding the employee’s limitations. B. When the Employer has medical documentation of the employee’s disability, has met its obligation to explore accommodation options, including placement in any vacant funded position at the same or lower level of pay and benefits for which the employee qualifies, and has determined that the employee cannot be reasonably accommodated, or the employee requests separation due to disability, the Employer may separate the employee with five (5) calendar days’ notice. The Employer will provide the Union with a copy of any disability separation letters. C. The Employer will inform the employee in writing of the option to apply to return to employment prior to their separation due to disability. The Employer will provide assistance to individuals seeking reemployment under this Article for two (2) years. If reemployed, upon successful completion of the employee’s probationary period, the time between separation and reemployment will be treated as leave without pay and will not be considered a break in service. D. A disability separation is not a disciplinary action. An employee who has been separated due to disability may grieve their disability separation only up to the final internal step Step 3 of the e grievance procedure. Disability separation at the employee’s request is not subject to the grievance procedure in Article 30.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Disability Separation. A. An employee with permanent status may be separated from service when the Employer determines that the employee is unable to perform the essential functions of the employee’s position due to a mental, sensory, or physical disability, which cannot be reasonably accommodated. Determinations of disability may be made by the Employer based on an employee’s written request for disability separation or after obtaining a written statement from a licensed health care professional. The Employer can require an employee to obtain an independent medical examination at Employer expense, from a licensed health care healthcare professional of the Employer’s choice. Evidence may be requested from the licensed health care professional regarding the employee’s limitations. B. When the Employer has medical documentation of the employee’s disability, has met its obligation to explore accommodation options, including placement in any vacant funded position at the same or lower level of pay and benefits for which the employee qualifies, and has determined that the employee cannot be reasonably accommodated, or the employee requests separation due to disability, the Employer may separate the employee with five (5) calendar days’ days notice. The Employer will provide the Union with a copy of any disability separation letters. C. The Employer will inform the employee in writing of the option to apply to return to employment prior to their separation due to disability. The Employer will provide assistance to individuals seeking reemployment under this Article for two (2) years. If reemployed, upon successful completion of the employee’s probationary period, the time between separation and reemployment will be treated as leave without pay and will not be considered a break in service. D. A disability separation is not a disciplinary action. An employee who has been separated due to disability may grieve their disability separation only up to the final internal step of the grievance procedure. Disability separation at the employee’s request is not subject to the grievance procedure in Article 30.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Disability Separation. A. An employee with permanent status may be separated from service when the Employer determines that the employee is unable to perform the essential functions of the employee’s position due to a mental, sensory, or physical disability, which cannot be reasonably accommodated. Determinations of disability may be made by the Employer based on an employee’s written request for disability separation or after obtaining a written statement from a licensed health care professional. The Employer can require an employee to obtain an independent medical examination at Employer expense, from a licensed health care professional of the Employer’s choice. Evidence may be requested from the licensed health care professional regarding the employee’s limitations.limitations.‌ B. When the Employer has medical documentation of the employee’s disability, has met its obligation to explore accommodation options, including placement in any vacant funded position at the same or lower level of pay and benefits for which the employee qualifies, and has determined that the employee cannot be reasonably accommodated, or the employee requests separation due to disability, the Employer may separate the employee with five (5) calendar days’ days notice. The Employer will provide the Union with a copy of any disability separation letters. C. The Employer will inform the employee in writing of the option to apply to return to employment prior to their separation due to disability. The Employer will provide assistance to individuals seeking reemployment under this Article for two (2) years. If reemployed, upon successful completion of the employee’s probationary period, the time between separation and reemployment will be treated as leave without pay and will not be considered a break in service. D. A disability separation is not a disciplinary action. An employee who has been separated due to disability may grieve their disability separation only up to the final internal step of the grievance procedure. Disability separation at the employee’s request is not subject to the grievance procedure in Article 30.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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