Common use of EMPLOYER-REQUIRED PHYSICAL EXAMINATIONS Clause in Contracts

EMPLOYER-REQUIRED PHYSICAL EXAMINATIONS. A. If the Employer reasonably believes that an employee is not physically and/or mentally able to perform his/her duties, the Employer may require the employee to undergo a physical and/or psychological examination in accordance with the provisions contained herein. B. The Employer shall indicate in writing the specific reason(s) for requiring an examination, including the specific conduct of the employee that led the Employer to question whether or not the employee was physically and/or mentally able to perform his/her duties. C. The employee shall be examined by a doctor selected by the Employer and paid for by the Employer. D. The doctor(s) shall provide the Employer with his/her conclusion regarding whether or not the employee is able to perform his/her duties, as well as any finding of any medical or psychological condition which is directly related to the employee’s ability to perform his/her duties. The Employer shall be entitled only to medical or psychological information directly related to the employee’s ability to perform his/her duties. E. If, as a result of this examination, the doctor states that the employee cannot return to work, the employee shall have the right to be examined by his/her own personal doctor, at the employee’s expense. F. If there is conflict between the opinions of the two doctors, the employee shall have the right to a third opinion from a doctor who is mutually agreed upon by the employee and Employer. The third doctor shall be paid for by the Employer, and shall be from a different corporation or practice than the first Employer-selected doctor. G. The employee shall receive a complete copy of all doctors’ reports or findings H. If, as a result of these provisions, the Employer takes action which is fully in accordance with the opinion of the third doctor, the employee may not utilize the grievance procedure contained in this Agreement to challenge such action. However, the employee may utilize the grievance procedure contained in this Agreement to challenge any action taken by the Employer which is not fully in accordance with the opinion of the third doctor.

EMPLOYER-REQUIRED PHYSICAL EXAMINATIONS. A. 1. If the Employer reasonably believes that an employee is not physically and/or mentally able to perform his/her duties, the Employer may require the employee to undergo a physical and/or psychological examination in accordance with the provisions contained herein. B. 2. The Employer shall indicate in writing the specific reason(s) for requiring an examination, including the specific conduct of the employee that led the Employer to question whether or not the employee was physically and/or mentally able to perform his/her duties. C. 3. The employee shall be examined by a doctor selected by the Employer and paid for by the Employer. D. 4. The doctor(s) doctor shall provide the Employer with his/her conclusion regarding whether or not the employee is able to perform his/her duties, as well as any finding of any medical or psychological condition which is directly related to the employee’s ability to perform his/her duties. The Employer shall only be entitled only to medical or psychological information directly related to the employee’s ability to perform his/her duties. E. 5. If, as a result of this examination, the doctor states that the employee cannot return to work, the employee shall have the right to be examined by his/her own personal doctor, at the employee’s expense. F. 6. If there is conflict between the opinions of the two doctors, the employee shall have the right to a third opinion from a doctor who is mutually agreed upon by the employee and Employeropinion. The third doctor shall be selected and paid for by the Employer, and shall be from a different facility, corporation or practice than the first Employer-selected doctor. G. 7. The employee shall not lose pay or sick leave for work time lost during the testing period. 8. The employee shall receive a complete copy of all doctors’ reports or findings. In order to protect the employee’s privacy rights, the employee shall determine whether or not to provide the Employer with copies of the doctor’s reports and findings, except for the information that is required to be provided under section 4 above. H. 9. If, as a result of these provisions, an employee is placed on involuntary leave or the Employer takes action other actions which is fully in accordance with the opinion of the third doctor, the employee may not utilize the grievance procedure contained in this Agreement to challenge such action. Howeverdisputes, the employee may utilize the grievance procedure procedures contained in this Agreement to challenge any action taken by the Employer which is not fully in accordance with the opinion of the third doctorAgreement.

EMPLOYER-REQUIRED PHYSICAL EXAMINATIONS. A. If the Employer reasonably believes that an employee is not physically and/or mentally able to perform his/her duties, the Employer may require the employee to undergo a physical and/or psychological examination in accordance with the provisions contained herein. B. The Employer shall indicate in writing the specific reason(s) for requiring an examination, including the specific conduct of the employee that led the Employer to question whether or not the employee was physically and/or mentally able to perform his/her duties. C. The employee shall be examined by a doctor selected by the Employer and paid for by the Employer. D. The doctor(s) shall provide the Employer with his/her conclusion regarding whether or not the employee is able to perform his/her duties, as well as any finding of any medical or psychological condition which is directly related to the employee’s ability to perform his/her duties. The Employer shall be entitled only to medical or psychological information directly related to the employee’s ability to perform his/her duties. E. If, as a result of this examination, the doctor states that the employee cannot return to work, the employee shall have the right to be examined by his/her own personal doctor, at the employee’s expense. F. If there is conflict between the opinions of the two doctors, the employee shall have the right to a third opinion from a doctor who is mutually agreed upon by the employee and Employer. The third doctor shall be paid for by the Employer, and shall be from a different corporation or practice than the first Employer-selected doctor. G. The employee shall receive a complete copy of all doctors’ reports or findings H. IfX. Xx, as a result of these provisions, the Employer takes action which is fully in accordance with the opinion of the third doctor, the employee may not utilize the grievance procedure contained in this Agreement to challenge such action. However, the employee may utilize the grievance procedure contained in this Agreement to challenge any action taken by the Employer which is not fully in accordance with the opinion of the third doctor.