Common use of Fitness for Duty Exams Clause in Contracts

Fitness for Duty Exams. 1. Employees are responsible for reporting to work fit to perform their jobs. (a) When the University has a documented reason based on the employee’s performance as defined by the job description, essential functions and performance expectations to believe that an employee is reporting to work in an unfit physical, mental or emotional condition an employee may be required to undergo an examination by a University selected medical professional for purposes of evaluating his/her fitness for duty. The employee will be provided with written documentation outlining the basis upon which the exam is being required. (b) Prior to referring an individual for an evaluation for his/her fitness for duty concerns, two persons must document the fitness for duty concerns based on specific, articulable observations or information concerning the appearance, behavior, speech, body odors or performance of the employee. Persons authorized to recommend to Human Resources for a fitness for duty evaluation will receive yearly formal training for such purposes. (c) With the approval of an examination for alcohol or controlled substances by the Associate Vice President of Human Resources or designee per Section 4 below, the employee will be removed immediately from duty and an examination will be performed. (d) With the approval of a medical or psychological examination(s) by the Associate Vice President of Human Resources or designee per Section 4 below, the employee will be removed from duty pending the results of the examination(s). (e) The cost of the examination(s), including the employee’s salary during the testing and/or examination(s) will be paid by the University. The employee will be placed on administrative leave with pay from the time the determination is made that an examination or test is required until the results are received and reviewed. At which time, the employee will return to work or be required to use available leave balances if the employee is unable to return to work. 2. All employees notified of a positive controlled substance or alcohol test result may request an independent test of their split sample at the employee’s expense. If, the independent test is negative, the employer will reimburse the employee. A positive alcohol or controlled substance test may result in discipline in accordance with Article 12. If any employee tests negative and there are remaining concerns regarding the employee’s safety and fitness for duty, the employee will be referred for an additional examination by a medical professional per Section 1(a) above. 3. If the employee is found to be unfit for duty following the medical examination he/she will be immediately placed on a medical leave of absence. Should the employee wish to challenge the employer’s fitness for duty examination, he/she may submit medical documentation to the employer of their fitness for duty. If a third opinion is deemed necessary, the costs shall be the responsibility of the employer. For third opinions, the parties will agree on a third opinion medical provider to ensure that an evaluation is completed by an appropriate physician or psychologist. Employees will execute an appropriate medical release to allow the medical examination report(s) to be shared with the University to determine fitness for duty and/or initiate the reasonable accommodation dialogue if appropriate. 4. All requests for a Fitness for Duty evaluation or reasonable suspicion examination will be reviewed and approved or denied by the Associate Vice President of Human Resources Officer or designee prior to sending an employee for an evaluation. All information will be handled in accordance with Article 15.5 and will not be placed in the employee’s personnel file.

Appears in 12 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Fitness for Duty Exams. 1. Employees are responsible for reporting to work fit to perform their jobs. (a) When the University has a documented reason based on the employee’s performance as defined by the job description, essential functions and performance expectations to believe that an employee is reporting to work in an unfit physical, mental or emotional condition an employee may be required to undergo an examination by a University selected medical professional for purposes of evaluating his/her fitness for duty. The employee will be provided with written documentation outlining the basis upon which the exam is being required. (b) Prior to referring an individual for an evaluation for his/her fitness for duty concerns, two persons must document the their fitness for duty concerns based on specific, articulable observations or information concerning the appearance, behavior, speech, body odors or performance of the employee. Persons authorized to recommend to Human Resources for a fitness for duty evaluation will receive yearly formal training for such purposes. In the event two persons from the same department are not available, the person being made aware of the fitness for duty concerns will request assistance from another available person. (c) With the approval of an examination Fitness for Duty testexamination for alcohol or controlled substances by the Chief Associate Vice President of Human Resources Officer or designee per Section 4 below, the employee will be removed immediately from duty and an transported to a medical site by a supervisoran examination will be performed. The cost of reasonable suspicion exam, including the employee’s salary during the testing process, will be paid by the University. (d) With the approval of a medical or psychological Fitness for Duty examination(s) by the Associate Vice President of Chief Human Resources Officer or designee per Section 4 below, the employee will be removed from duty pending the results of the fitness for duty examination(s). (e) The cost of the examination(s), including the employee’s salary during the testing and/or examination examination(s) will be paid by the University. The employee will be placed on administrative leave with pay from the time the determination is made that an examination or test is required until the results are received and reviewed. At which time, the employee will return to work or be required to use available leave balances if the employee is unable to return to work. 2. All employees notified of a positive controlled substance or alcohol test result may request an independent test of their split sample at the employee’s expense. If, the independent test is negative, the employer will reimburse the employee. A positive alcohol or controlled substance test may result in discipline in accordance with Article 12. If any employee tests negative and there are remaining concerns regarding the employee’s safety and fitness for duty, the employee will be referred for an additional examination by a medical professional per Section 1(a) above. 3. If the employee is found to be unfit for duty following the medical examination he/she will be immediately placed on a medical leave of absence. Should the employee wish to challenge the employer’s fitness for duty examination, he/she may submit medical documentation to the employer of their fitness for duty. If a third opinion is deemed necessary, the costs shall be the responsibility of the employer. For third opinions, the parties will agree on a third opinion medical provider to ensure that an evaluation is completed by an appropriate physician or psychologist. Employees will execute an appropriate medical release to allow the medical examination report(s) to be shared with the University to determine fitness for duty and/or initiate the reasonable accommodation dialogue if appropriate. 4. All requests for a Fitness for Duty evaluation or reasonable suspicion examination will be reviewed and approved or denied by the Associate Vice President of Human Resources Officer or designee prior to sending an employee for an evaluation. All information will be handled in accordance with Article 15.5 and will not be placed in the employee’s personnel file.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fitness for Duty Exams. 1. Employees are responsible for reporting to work fit to perform their jobs. (a) When the University has a documented reason based on the employee’s performance as defined by the job description, essential functions and performance expectations to believe that an employee is reporting to work in an unfit physical, mental or emotional condition an employee may be required to undergo an examination by a University selected medical professional for purposes of evaluating his/her fitness for duty. The employee will be provided with written documentation outlining the basis upon which the exam is being required.the (b) Prior to referring an individual for an evaluation for his/her fitness for duty concerns, two persons must document the their fitness for duty concerns based on specific, articulable observations or information concerning the appearance, behavior, speech, body odors or performance of the employee. Persons authorized to recommend to Human Resources for a fitness for duty evaluation will receive yearly formal training for such purposes. (c) . In the event two persons from the same department are not available, the person being made aware of the fitness for duty concerns will request assistance from another available person. With the approval of an examination a Fitness for Duty test for alcohol or controlled substances by the Associate Vice President of Chief Human Resources Officer or designee per Section 4 below, the employee will be removed immediately from duty and an examination transported to a medical site by a supervisor. The cost of reasonable s uspicion exam, including the employee’s salary during the testing process, will be performed. (d) paid by the University. With the approval of a medical or psychological examination(s) Fitness for Duty examination by the Associate Vice President of Chief Human Resources Resource or designee per Section 4 below, the employee will be removed from duty pending the results of the examination(s). (e) fitness for duty examination. The cost of the examination(s)exam, including the employee’s salary during the testing and/or examination(s) examination will be paid by the University. (c) If an employee is required to undergo examination or testing on work time, he/she shall not suffer a loss in pay. The employee will be placed on administrative leave with pay from the time the determination is made that an examination or test is required until the results are received and reviewed. At which time, the employee will return to work or be required to use available leave balances if the employee is unable to return to work. 2. All employees notified of a positive controlled substance or alcohol test result may request an independent test of their split sample at the employee’s expense. If, the independent test is negative, the employer will reimburse the employee. A positive alcohol or controlled substance test may result in discipline in accordance with Article 12. If any employee tests negative and there are remaining concerns regarding the employee’s safety and fitness for duty, the employee will be referred for an additional examination by a medical professional per Section 1(a) above.result 3. If the employee is found to be unfit for duty following the medical examination he/she will be immediately placed on a medical leave of absence. Should the employee wish to challenge the employer’s fitness for duty examination, he/she may submit medical documentation to the employer of their fitness for duty. If a third opinion is deemed necessary, the costs shall be the responsibility of the employer. For third opinions, the parties will agree on a third opinion medical provider to ensure that an evaluation is completed by an appropriate physician or psychologist. Employees will execute an appropriate medical release to allow the medical examination report(s) to be shared with the University to determine fitness for duty and/or initiate the reasonable accommodation dialogue if appropriate... 4. All requests for a Fitness for Duty evaluation or reasonable suspicion examination will be reviewed and approved or denied by the Associate Vice President of Chief Human Resources Officer or designee prior to sending an employee for an evaluation. All information will be handled in accordance with Article 15.5 and will not be placed in the employee’s personnel file.ARTICLE 486 – TERM OF AGREEMENT

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Fitness for Duty Exams. 1. Employees are responsible for reporting to work fit to perform their jobs. (a) When the University has a documented reason based on the employeee mployee’s performance as defined by the job description, essential functions and performance expectations to believe that an employee is reporting to work in an unfit physical, mental or emotional condition an employee may be required to undergo an examination by a University selected medical professional for purposes of evaluating his/her fitness for duty. The employee will be provided with written documentation outlining the basis upon which the exam is being required. (b) Prior to referring an individual for an evaluation for his/her fitness for duty concerns, two persons must document the their fitness for duty concerns based on specific, articulable observations or information concerning the appearance, behavior, speech, body odors or performance of the employee. Persons authorized to recommend to Human Resources for a fitness for duty evaluation will receive yearly formal training for such purposes. (c) . In the event two persons from the same department are not available, the person being made aware of the fitness for duty concerns will request assistance from another available person. With the approval of an examination a Fitness for Duty test for alcohol or controlled substances by the Associate Vice President of Chief Human Resources Officer or designee per Section 4 below, the employee will be removed immediately from duty and an examination transported to a medical site by a supervisor. The cost of reasonable suspicion exam, including the employee’s salary during the testing process, will be performed. (d) paid by the University. With the approval of a medical or psychological examination(s) Fitness for Duty examination by the Associate Vice President of Chief Human Resources Officer or designee per Section 4 below, the employee will be removed from duty pending the results of the examination(s). (e) fitness for duty examination. The cost of the examination(s)exam, including the employee’s salary during the testing and/or examination(s) examination will be paid by the University. (c) If an employee is required to undergo examination or testing on work time, he/she shall not suffer a loss in pay. The employee will be placed on administrative leave with pay from the time the determination is made that an examination or test is required until the results are received and reviewed. At which time, the employee will return to work or be required to use available leave balances if the employee is unable to return to work. 2. All employees notified of a positive controlled substance or alcohol test result may request an independent test of their split sample at the employee’s expense. If, the independent test is negative, the employer will reimburse the employee. A positive alcohol or controlled substance test may result in discipline in accordance with Article 12. If any employee tests negative and there are remaining concerns regarding the employee’s safety and fitness for duty, the employee will be referred for an additional examination by a medical professional per Section 1(a) above.result 3. If the employee is found to be unfit for duty following the medical examination he/she will be immediately placed on a medical leave of absence. Should the employee wish to challenge the employer’s fitness for duty examination, he/she may submit medical documentation to the employer of their fitness for duty. If a third opinion is deemed necessary, the costs shall be the responsibility of the employer. For third opinions, the parties will agree on a third opinion medical provider to ensure that an evaluation is completed by an appropriate physician or psychologist. Employees will execute an appropriate medical release to allow the medical examination report(s) to be shared with the University to determine fitness for duty and/or initiate the reasonable accommodation dialogue if appropriate. 4. All requests for a Fitness for Duty evaluation or reasonable suspicion examination will be reviewed and approved or denied by the Associate Vice President of Chief Human Resources Officer or designee prior to sending an employee for an evaluation. All information will be handled in accordance with Article A rticle 15.5 and will not be placed in the employee’s personnel file.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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