Common use of Fitness for Duty Examination Clause in Contracts

Fitness for Duty Examination. SECTION 1. If the Employer has reasonable suspicion to believe that an Employee is medically or psychologically unable to perform the essential functions of the Employee’s position, the Employer may relieve the Employee from duty. If relieved from duty, the Employee shall be placed on paid administrative leave and the Employer shall pay the costs of a medical or psychological examination that is required by the Employer. An Employee found by the qualified medical professional selected by the Employer to have a medical or psychological disorder, condition, syndrome, or is otherwise unable to perform the essential functions of his/her position, with or without reasonable accommodation in accordance with the ADA, shall not be permitted to work and further time off duty may be charged to available sick leave, or if none, vacation leave at the Employee's request or may be designated as FMLA leave at the Employee’s or the Employer’s initiative as permitted by law. If there is substantial documentation that an employee shall not be able to return to work, or the employee has not returned to work within six (6) months, the Employee may be disability separated. SECTION 2. An Employee relieved of duty under the preceding Section must be given medical clearance acceptable to the Employer by a licensed healthcare professional before being allowed to return to work. Such documentation must certify that the Employee is able to perform the essential functions of his/her position, with or without reasonable accommodation in accordance with the ADA. If there is a disagreement between the healthcare professionals of the Employee and Employer, then the matter shall be submitted to a third health care professional whose decision shall be final and binding. The third health care professional shall be selected through agreement of the Employee’s and the Employer’s healthcare providers. Cost of the third examination shall be paid by the Employer. SECTION 3. If the Employer has reasonable suspicion that an Employee is using, soliciting or under the influence of a substance of abuse (e.g., illegal drugs or alcohol) at work, the Employee shall be required to submit to a drug/alcohol test. The Employee shall not be allowed to work pending receipt of the test results. An Employee ordered to submit to such testing shall be placed on paid administrative leave pending the results of the testing. If the test results are negative, the Employee shall be returned to work, if they are otherwise fit for duty. If the test results are positive, the Employee shall be subject to disciplinary action, up to and including removal. A negative result does not limit the potential for discipline if any offense or rule violation has occurred.

Fitness for Duty Examination. SECTION 1. If the Employer has reasonable suspicion to believe that an Employee is medically or psychologically unable to perform all of the essential functions duties of the Employee’s position, the Employer may relieve the Employee from duty. If relieved from duty, the Employee shall be placed on paid administrative leave and the Employer shall pay the costs of a medical or psychological examination that is required by the Employer. An Employee found by the qualified medical professional selected by the Employer to have a medical or psychological disorder, condition, syndrome, or is otherwise unable to perform the essential functions of his/her position, with or without reasonable accommodation in accordance with the ADA, duties shall not be permitted to work and further time off duty may be charged to available any applicable sick leave, leave or if none, vacation leave at the Employee's request or may be designated as FMLA leave at the Employee’s or the Employer’s initiative as permitted by law. If there is substantial documentation that an employee shall not be able to return to work, or the employee has not returned to work within six (6) months, the Employee may be disability separated. SECTION 2. An Employee relieved of duty under the preceding Section must be given medical clearance acceptable to the Employer by a licensed healthcare qualified medical professional before being allowed to return to work. Such documentation must certify that the Employee is able to perform all of the essential functions duties of his/her position, with or without reasonable accommodation in accordance with the ADAposition (unless there is an A.D.A. issue that can be reasonably accommodated). If there is a disagreement between the healthcare professionals of respective qualified medical professionals, they shall select a third qualified medical professional by mutual agreement. The third examination shall be mutually paid for by the Employer and the Employee and Employer, then the matter shall be submitted to a third health care professional whose decision results and conclusions of that examination shall be final and binding. The third health care professional shall be selected through agreement of the Employee’s binding and the Employer’s healthcare providers. Cost of the third examination shall be paid by the Employer. SECTION 3. If the Employer has reasonable suspicion that an Employee is using, soliciting or under the influence of a substance of abuse (e.g., illegal drugs or alcohol) at work, the Employee shall be required to submit to a drug/alcohol test. The Employee shall not be allowed to work pending receipt of the test results. An Employee ordered to submit to such testing shall be placed on paid administrative leave pending the results of the testing. If the test results are negative, the Employee shall be returned to work, if they are otherwise fit for duty. If the test results are positive, the Employee shall be subject to disciplinary action, up to and including removal. A negative result does not limit the potential for discipline if any offense or rule violation has occurredgrievance procedure.

Fitness for Duty Examination. SECTION 1. If the Employer has reasonable suspicion to believe that an Employee is medically or psychologically unable to perform all of the essential functions duties of the Employee’s position, the Employer may relieve the Employee from duty. If relieved from duty, the Employee shall be placed on paid administrative leave and the Employer shall pay the costs of a medical or psychological examination that is required by the Employer. An Employee found by the qualified medical professional selected by the Employer to have a medical or psychological disorder, condition, syndrome, or is otherwise unable to perform the essential functions of his/her position, with or without reasonable accommodation in accordance with the ADA, Employee’s duties shall not be permitted to work and further time off duty may be charged to available any applicable sick leave, leave or if none, vacation leave at the Employee's request or may be designated as FMLA leave at the Employee’s or the Employer’s initiative as permitted by law. If there is substantial documentation that an employee shall not be able to return to work, or the employee has not returned to work within six (6) months, the Employee may be disability separated. SECTION 2. An Employee relieved of duty under the preceding Section must be given medical clearance acceptable to the Employer by a licensed healthcare qualified medical professional before being allowed to return to work. Such documentation must certify that the Employee is able to perform all of the essential functions duties of his/her position, with or without reasonable accommodation in accordance with the ADAEmployee’s position (unless there is an A.D.A. issue that can be reasonably accommodated). If there is a disagreement between the healthcare professionals of respective qualified medical professionals, they shall select a third qualified medical professional by mutual agreement. The third examination shall be mutually paid for by the Employer and the Employee and Employer, then the matter shall be submitted to a third health care professional whose decision results and conclusions of that examination shall be final and binding. The third health care professional shall binding and not be selected through agreement of subject to the Employee’s and the Employer’s healthcare providers. Cost of the third examination shall be paid by the Employergrievance procedure. SECTION 3. If The Employer shall institute a disability separation in accordance with its Personnel Policies and Procedures Manual (Employee Handbook) if an Employee has not submitted medical clearance acceptable to the Employer certifying that the Employee is able to perform the duties of the Employee’s position, with or without a reasonable accommodation, within six (6) months after the Employee has reasonable suspicion that been relieved from duty under Section 1 of this Article. If an Employee is usingsubmitted medical certification within the six (6) month period but the Employer’s qualified medical professional disagrees with that certification, soliciting or the Employer shall not issue a disability separation unless and until the third examination required under the influence preceding section is complete and the results and conclusions of a substance of abuse (e.g., illegal drugs or alcohol) at work, that examination deem that the Employee shall be required is unable to submit to a drug/alcohol test. The Employee shall not be allowed to work pending receipt perform all of the test results. An Employee ordered to submit to such testing shall be placed on paid administrative leave pending the results duties of the testingEmployee’s position, with or without a reasonable accommodation. If the test results are negative, the Employee shall be returned to work, if they are otherwise fit for duty. If the test results are positive, the Employee shall be subject to disciplinary action, up to and including removal. A negative result does not limit the potential for discipline if any offense or rule violation has occurred.NEW Article: DRUG/ ALCOHOL TESTING

Fitness for Duty Examination. SECTION 1. If the Employer has reasonable suspicion to believe that an Employee is medically or psychologically unable to perform all of the essential functions duties of the Employee’s position, the Employer may relieve the Employee from duty. If relieved from duty, the Employee shall be placed on paid administrative leave and the Employer shall pay the costs of a medical or psychological examination that is required by the Employer. An Employee found by the qualified medical professional selected by the Employer to have a medical or psychological disorder, condition, syndrome, or is otherwise unable to perform the essential functions of his/her position, with or without reasonable accommodation in accordance with the ADA, Employee’s duties shall not be permitted to work and further time off duty may be charged to available any applicable sick leave, leave or if none, vacation leave at the Employee's request or may be designated as FMLA leave at the Employee’s or the Employer’s initiative as permitted by law. If there is substantial documentation that an employee shall not be able to return to work, or the employee has not returned to work within six (6) months, the Employee may be disability separated. SECTION 2. An Employee relieved of duty under the preceding Section must be given medical clearance acceptable to the Employer by a licensed healthcare qualified medical professional before being allowed to return to work. Such documentation must certify that the Employee is able to perform all of the essential functions duties of his/her position, with or without reasonable accommodation in accordance with the ADAEmployee’s position (unless there is an A.D.A. issue that can be reasonably accommodated). If there is a disagreement between the healthcare professionals of respective qualified medical professionals, they shall select a third qualified medical professional by mutual agreement. The third examination shall be mutually paid for by the Employer and the Employee and Employer, then the matter shall be submitted to a third health care professional whose decision results and conclusions of that examination shall be final and binding. The third health care professional shall binding and not be selected through agreement of subject to the Employee’s and the Employer’s healthcare providers. Cost of the third examination shall be paid by the Employergrievance procedure. SECTION 3. If The Employer shall institute a disability separation in accordance with its Personnel Policies and Procedures Manual (Employee Handbook) if an Employee has not submitted medical clearance acceptable to the Employer certifying that the Employee is able to perform the duties of the Employee’s position, with or without a reasonable accommodation, within six (6) months after the Employee has reasonable suspicion that been relieved from duty under Section 1 of this Article. If an Employee is usingsubmitted medical certification within the six (6) month period but the Employer’s qualified medical professional disagrees with that certification, soliciting or the Employer shall not issue a disability separation unless and until the third examination required under the influence preceding section is complete and the results and conclusions of a substance of abuse (e.g., illegal drugs or alcohol) at work, that examination deem that the Employee shall be required is unable to submit to a drug/alcohol test. The Employee shall not be allowed to work pending receipt perform all of the test results. An Employee ordered to submit to such testing shall be placed on paid administrative leave pending the results duties of the testing. If the test results are negativeEmployee’s position, the Employee shall be returned to work, if they are otherwise fit for duty. If the test results are positive, the Employee shall be subject to disciplinary action, up to and including removal. A negative result does not limit the potential for discipline if any offense with or rule violation has occurredwithout a reasonable accommodation.

Fitness for Duty Examination. SECTION 1. If the Employer has reasonable suspicion to believe that an Employee is medically or psychologically unable to perform all of the essential functions duties of the Employee’s position, the Employer may relieve the Employee from duty. If relieved from duty, the Employee shall be placed on paid administrative leave and the Employer shall pay the costs of a medical or psychological examination that is required by the Employer. An Employee found by the qualified medical professional selected by the Employer to have a medical or psychological disorder, condition, syndrome, or is otherwise unable to perform the essential functions of his/her position, with or without reasonable accommodation in accordance with the ADA, duties shall not be permitted to work and further time off duty may be charged to available any applicable sick leave, leave or if none, vacation leave at the Employee's request or may be designated as FMLA leave at the Employee’s or the Employer’s initiative as permitted by law. If there is substantial documentation that an employee shall not be able to return to work, or the employee has not returned to work within six (6) months, the Employee may be disability separated. SECTION 2. An Employee relieved of duty under the preceding Section must be given medical clearance acceptable to the Employer by a licensed healthcare qualified medical professional before being allowed to return to work. Such documentation must certify that the Employee is able to perform all of the essential functions duties of his/her position, with or without reasonable accommodation in accordance with the ADAposition (unless there is an A.D.A. issue that can be reasonably accommodated). If there is a disagreement between the healthcare professionals of respective qualified medical professionals, they shall select a third qualified medical professional by mutual agreement. The third examination shall be mutually paid for by the Employer and the Employee and Employer, then the matter shall be submitted to a third health care professional whose decision results and conclusions of that examination shall be final and binding. The third health care professional shall binding and not be selected through agreement of subject to the Employee’s and the Employer’s healthcare providers. Cost of the third examination shall be paid by the Employergrievance procedure. SECTION 3. If In the Employer event that a supervisor has reasonable suspicion that an Employee is using, soliciting or under the influence of a substance of abuse (e.g.illegal drugs, illegal drugs alcohol, chemical or alcohol) at workother harmful intoxicants, or other cause, the Employee shall be required to submit to a drug/alcohol test. The Employee shall not be allowed to work pending receipt further testing and investigation pursuant to the Employer’s “Drug Testing Policy”. An Employee subject to the provisions of the test results“Drug Testing Policy” is entitled to union representation. An Employee ordered to submit to such testing shall be placed on paid administrative leave pending the results of the testing. If the test results are negative, the Employee shall be returned to work, if they are otherwise fit for dutywork on his/her regular shift. If the test results are positive, the Employee shall be subject to disciplinary action, up to and including removal. A negative result does not limit the potential for discipline if any offense or rule violation has occurred.

Fitness for Duty Examination. SECTION 1. If the Employer has reasonable suspicion to believe that an Employee is medically or psychologically unable to perform the essential functions of the Employee’s position, the Employer may relieve the Employee from duty. If relieved from duty, the Employee shall be placed on paid administrative leave and the Employer shall pay the costs of a medical or psychological examination that is required by the Employer. An Employee found by the qualified medical professional selected by the Employer to have a medical or psychological disorder, condition, syndrome, or is otherwise unable to perform the essential functions of his/her their position, with or without reasonable accommodation in accordance with the ADA, shall not be permitted to work and further time off duty may be charged to available sick leave, or if none, vacation leave at the Employee's request or may be designated as FMLA leave at the Employee’s or the Employer’s initiative as permitted by law. If there is substantial documentation that an employee Employee shall not be able to return to work, or the employee Employee has not returned to work within six (6) months, the Employee may be disability separated. SECTION 2. An Employee relieved of duty under the preceding Section must be given medical clearance acceptable to the Employer by a licensed healthcare professional before being allowed to return to work. Such documentation must certify that the Employee is able to perform the essential functions of his/her their position, with or without reasonable accommodation in accordance with the ADA. If there is a disagreement between the healthcare professionals of the Employee and Employer, then the matter shall be submitted to a third health care professional whose decision shall be final and binding. The third health care professional shall be selected through agreement of the Employee’s and the Employer’s healthcare providers. Cost of the third examination shall be paid by the Employer. SECTION 3. If the Employer has reasonable suspicion that an Employee is using, soliciting or under the influence of a substance of abuse (e.g., illegal drugs or alcohol) at work, the Employee shall be required to submit to a drug/alcohol test. The Employee shall not be allowed to work pending receipt of the test results. An Employee ordered to submit to such testing shall be placed on paid administrative leave pending the results of the testing. If the test results are negative, the Employee shall be returned to work, if they are otherwise fit for duty. If the test results are positive, the Employee shall be subject to disciplinary action, up to and including removal. A negative result does not limit the potential for discipline if any offense or rule violation has occurred.

Fitness for Duty Examination. SECTION 1. If the Employer has reasonable suspicion to believe that an Employee is medically or psychologically unable to perform the essential functions of the Employee’s position, the Employer may relieve the Employee from duty. If relieved from duty, the Employee shall be placed on paid administrative leave and the Employer shall pay the costs of a medical or psychological examination that is required by the Employer. An Employee found by the qualified medical professional selected by the Employer to have a medical or psychological disorder, condition, syndrome, or is otherwise unable to perform the essential functions of his/her their position, with or without reasonable accommodation in accordance with the ADA, shall not be permitted to work and further time off duty may be charged to available sick leave, or if none, vacation leave at the Employee's request or may be designated as FMLA leave at the Employee’s or the Employer’s initiative as permitted by law. If there is substantial documentation that an employee Employee shall not be able to return to work, or the employee Employee has not returned to work within six (6) months, the Employee may be disability separated. SECTION 2. An Employee relieved of duty under the preceding Section must be given medical clearance acceptable to the Employer by a licensed healthcare professional before being allowed to return to work. Such documentation must certify that the Employee is able to perform the essential functions of his/her their position, with or without reasonable accommodation in accordance with the ADA. If there is a disagreement between the healthcare professionals of the Employee and Employer, then the matter shall be submitted to a third health care professional whose decision shall be final and binding. The third health care professional shall be selected through agreement of the Employee’s and the Employer’s healthcare providers. Cost of the third examination shall be paid by the Employer. SECTION 3. If the Employer has reasonable suspicion that an Employee is using, soliciting or under the influence of a substance of abuse (e.g., illegal drugs or alcohol) at work, the Employee shall be required to submit to a drug/alcohol test. The Employee shall not be allowed to work pending receipt of the test results. An Employee ordered to submit to such testing shall be placed on paid administrative leave pending the results of the testing. If the test results are negative, the Employee shall be returned to work, if they are otherwise fit for duty. If the test results are positive, the Employee shall be subject to disciplinary action, up to and including removaltermination. A negative result does not limit the potential for discipline if any offense or rule violation has occurred.