Common use of Fitness for Duty Examinations Clause in Contracts

Fitness for Duty Examinations. A. If there is a reasonable basis to believe an employee is physically or psychologically unable to safely perform the requirements of the job, the employee may be placed on administrative leave with pay and required to attend a fitness for duty evaluation performed by the City’s physician or psychologist. B. If the City’s physician or psychologist determines the employee to be fit for duty, the employee shall be returned to active duty as soon as practicable. If the City’s physician or psychologist determines the employee is not fit for duty, unless there is a claim that the injury or illness is covered by the worker’s compensation act, the employee shall be placed on sick leave status. If there is a claim that the injury or illness is covered by the worker’s compensation act, the determinations reached under the provisions of this Article shall not apply and the determination made under the worker’s compensation act shall be controlling for that claim. While on sick leave status the employee shall be required to utilize any available paid leave. If an employee has exhausted his/her available paid leave and any donated compensatory time (pursuant to this Article), the employee’s status shall be classified as unpaid medical leave unless the employee is granted light duty or income maintenance pursuant to Article 37-Income Maintenance Plan. Unless the employee voluntarily resigns or has his/her employment terminated for other reasons, the employee shall remain on a status allowed by this Article, or until it is determined by the City’s physician or psychologist that the employee is fit for full duty. C. If the employee disagrees with the determination of the City’s physician or psychologist, the employee may seek a second opinion from a physician or psychologist at the employee’s expense. The employee or Union shall notify the City that a second opinion is desired within 14 calendar days of the date the employee is notified of the findings of the City’s physician or psychologist. Upon such notification, representatives of the Union and representatives of the City shall meet to set a deadline for scheduling of the second opinion. If the second opinion disagrees with the opinion of the City’s physician or psychologist, the employee shall immediately be returned to paid administrative leave or light duty and the time period specified in Section 4 of this Article shall be suspended until the matter is resolved. The dispute between the opinion of the City’s physician or psychologist and the employee’s physician or psychologist shall be resolved by seeking a third opinion which shall be binding on the parties. A third opinion shall be obtained from a physician or psychologist mutually agreed to by the City’s physician or psychologist and the employee’s physician or psychologist. Any individual named to potentially carry out a psychological fitness for duty evaluation shall be required to possess the necessary qualifications to meet those adopted by the IACP police psychological services section in their guidelines. Any individual named to potentially carry out a physical fitness for duty evaluation shall be required to be a licensed allopathic or osteopathic physician who is board eligible in an applicable specialty. If the two experts cannot agree on an individual to provide the third opinion, the City and employee shall within 10 days each submit a name to be placed in a hat. The Police Chief or his/her designee shall draw one of the names out of the hat in the presence of the Union President or his/her designee. The name drawn shall be utilized to obtain the third opinion. The cost of the third opinion shall be equally shared by the Union and the City. If the third opinion finds the employee fit for duty, the employee shall be returned to active duty as soon as practicable and made whole for any lost wages (excluding overtime) and any lost leave time. This shall be the sole remedy available for disagreement with the City’s physician or psychologist. The determination of the City’s physician or psychologist shall not be subject to the grievance procedure.