Common use of Employer Required Disability Leave Clause in Contracts

Employer Required Disability Leave. The Employer may require an employee to be examined by a licensed physician designated by the Employer and the employee per paragraph (a) above, at the Employer's expense to determine the employee’s physical or mental capability to perform the essential functions of their position. Examinations may be periodic or as the Employer requires. If the employee disagrees with the results of an examination ordered by the Employer, the employee may be examined by a licensed medical practitioner of their choice. If the two reports conflict, the parties shall choose a mutually agreeable neutral licensed medical practitioner whose decision shall be final, binding and not subject to appeal under the grievance or arbitration procedure. If the employee, after examination, is found to be unable to physically or mentally perform the essential duties of their position by such physician shall be placed on Disability Leave as described in paragraph (A) above. If the employee refuses to go on leave status, has no leave available, or refuses to request paid or unpaid leave, the Employer may place the employee on unpaid disability leave.

Employer Required Disability Leave. The Employer may require an employee to be examined by a licensed physician designated by the Employer and the employee per paragraph (a) above, at the Employer's expense to determine the employee’s physical or mental capability to perform the essential functions of their position. Examinations may be periodic or as the Employer requires. If the employee disagrees with the results of an examination ordered by the Employer, the employee may be examined by a licensed medical practitioner of their choice. If the two reports conflict, the parties shall choose a mutually agreeable neutral licensed medical practitioner whose decision shall be final, binding finding and not subject to appeal under the grievance or arbitration procedure. If the employee, after examination, examination is found to be unable to physically or mentally perform the essential duties of their position by such physician physician, he/she shall be placed on Disability Leave as described in paragraph (A) above. If the employee refuses to go on leave status, has no leave available, or refuses to request paid or unpaid leave, the Employer may place the employee on unpaid disability leave.