Discontinuation from Service of Employees not Covered by the State University Group Disability Insurance Program. Upon being discontinued from service as a result of a disability which prevents performance of the employee’s duties, an employee shall be granted a leave without pay until the disability ceases, the employee reaches age 65 the disability benefits would cease under the terms outlined in the Group Long Term Disability Insurance Certificate, regardless of eligibility or death, whichever event occurs first. Notwithstanding the foregoing, after five calendar years on such leave, an employee shall not have any right or entitlement to be restored to regular employment status. For purposes of determining the existence of such a disability, the College President may require an employee to be examined by a physician selected by the College at its expense. Determination that a disability exists may be made by the College President upon the advice of the College’s examining physician. Notwithstanding the failure of an employee to cooperate with the College’s examining physician, a determination that a disability exists may be made by the College President upon advice of the College’s examining physician that there are reasonable grounds to assume that a disability exists which would prevent an employee from performing the employee’s duties. If the College President determines, in accordance with the provisions of is Section, that such a disability exists, the employee shall be placed on a disability leave without pay. Where appropriate, the College President, after consulting with the College’s examining physician, may refer the employee to an Employee Assistance Program or to other service agencies. The employee, however, shall be permitted to use any and all sick leave credits which have been accumulated pursuant to subdivisions (a), (b), (c) and (d) of Section 23.4, and may request additional sick leave pursuant to Subdivision (g) of Section 23.4. An employee who has been placed on disability leave without pay pursuant to this Section may subsequently request to be restored to regular employment status. Such request must be submitted in writing to the College President accompanied by suitable medical evidence from the employee’s physician that the employee no longer has a disability which would prevent performance of the employee’s duties. Following receipt of such submissions, the College President may require the employee to be examined by a physician selected by the College at its expense prior to making a determination whether to restore the employee to regula...
