Employer Required Examination; Disability Leave; Disability Separation. The Employer may require an employee to be examined by a licensed physician, psychologist, or psychiatrist designated by the Employer at the Employer’s expense. An employee found to be unable to physically or mentally perform the essential functions of the employee’s position by such physician, psychologist, or psychiatrist may be placed on sick leave and/or family and medical leave if available, disability leave as described in paragraph A above, or may be disability separated from employment if determined to be permanently, which is defined as more than one year, unable to perform the essential functions of the employee’s position. A grievance may be filed and appealed directly to arbitration. Such action is non- disciplinary in nature and is not subject to a just cause standard of review. The standard of review is whether or not the employee is permanently, which is defined as more than one year, unable to perform the essential functions of the employee’s position. An employee may apply for reinstatement for a period of two years from the date of disability separation. Denials for such applications shall be subject to the grievance procedure to be filed at arbitration. The employer shall be permitted to require the employee to be examined by a licensed physician, psychologist, or psychiatrist at the employer’s expense. The standard of review is whether or not the employee is able to perform the essential functions of the employee’s position previously held.
Employer Required Examination; Disability Leave; Disability Separation. Notwithstanding the provisions of this or any other Articles, if an employee, after a medical, psychological, psychiatric exam, is found to be unable to perform the material and substantial duties or essential functions of his position, then the City may disability separate the employee. If an employee applies for disability retirement benefits, the Employer will support that application. However, this provision may not be considered an admission or agreement for workers’ compensation benefits. Prior to disability separation, employees will be afforded a pre-deprivation hearing.
