Common use of Fitness for Duty Clause in Contracts

Fitness for Duty. Before the Employer may require an employee to undergo an examination, the Employer shall document the objectively reasonable justifications for believing the employee may not be capable of performing the essential functions of their job classification and shall provide the employee with a copy of those justifications at least forty-eight (48) hours prior to the examination. The Employer shall be solely responsible for the cost of fitness for duty examinations. Employees shall receive their regular compensation for all time spent commuting to and from fitness for duty examinations and for the time spent in the examination itself. Personnel conducting fitness for duty examinations pursuant to this section shall only report to the Employer whether the employee is fit or unfit for duty, and if unfit, only identify the employee’s functional limitations to performing the essential functions of their job classifications. Personnel shall not disclose any additional information and Employees shall not be required to authorize a greater release of information to the Employer. Employees who are found to be fit to perform the essential functions of their job classifications shall be allowed to continue working their regular positions and assignments. If an employee fails to pass a fitness for duty examination, the employee will be placed on leave of absence for a maximum of six (6) months without pay or until the employee successfully passes the examination whichever occurs first. Employees may utilize any accrued PTO during such a leave of absence. Employees determined to be unfit for duty shall have the right to an independent examination and to obtain a second opinion solely at their own expense. In the event a third opinion becomes necessary to resolve a substantial conflict between the first and the second opinions, the Employer shall bear the full cost of the third evaluation and opinion. If the employee is found fit for duty following a third examination, the Employer shall reimburse the employee for the full cost of the second examination and opinion. Employees determined to be unfit for duty shall be afforded all rights under federal, state and local laws, and the provisions of this Agreement with respect to their employment.

Fitness for Duty. The Employer retains the right to subject employees to fitness for duty medical examinations to ensure employees can safely perform the essential functions of their job classifications as specified in established Company job descriptions. The Employer may subject employees to fitness for duty medical examinations only when there are objectively identifiable reasons to believe that an employee may not be physically capable of performing the essential functions of their job classification. Before the Employer may require an employee to undergo an a fitness for duty medical examination, the Employer shall document the objectively reasonable justifications for believing the employee may not be physically capable of performing the essential functions of their job classification and shall provide the employee with a copy of those justifications at least forty-eight (48) hours prior to the examination. Medical personnel conducting fitness for duty medical examinations on behalf of the Employer pursuant to this section shall possess any qualifications required under California law. The Employer shall be solely responsible for the cost of fitness for duty medical examinations. Employees who are actively at work when sent for a fitness for duty examination shall receive their regular compensation for all time spent commuting to and from fitness for duty examinations and for the time spent in the examination itself. Personnel Medical personnel conducting fitness for duty medical examinations pursuant to this section section, shall only report to the Employer whether the employee is fit or unfit for dutyduty and, and if unfit, only identify the employee’s functional limitations to performing the essential functions of their job classifications. Personnel Medical personnel shall not disclose any additional information and Employees shall not information. All employees will be required to authorize be cleared through a greater release of information to Rural/Metro approved medical provider for the Employerinitial examination. Employees who are found to be fit to perform the essential functions of their job classifications shall be allowed to continue working their regular positions and assignments. If an employee fails to pass a fitness for duty medical examination, the employee will be placed on leave of absence for a maximum of six (6) months without pay or until the employee successfully passes the examination examination, whichever occurs first. All costs for approved examinations will be the responsibility of the Employer. Employees may utilize any accrued PTO during such a leave of absence. Employees determined to be unfit for duty shall have the right to an independent examination and to obtain a second opinion solely at their own expense. In the event a third opinion becomes necessary to resolve a substantial conflict between the first and the second opinions, the Employer shall bear the full cost of the third evaluation and opinion. If the employee is provides the Employer with proper documentation that his/her physician found him/her fit for duty following a second examination, the Employer can require a third examinationexamination at the Employer’s sole expense by an independent medical provider. The opinion of the third doctor shall be conclusive. If the third doctor clears the employee to return to work, the Employer shall reimburse the employee for the full cost of the second examination and opinion, and the employee shall be returned to full duty. Employees determined to be unfit for duty shall be afforded all rights under federal, state state, and local laws, and the provisions of this Agreement with respect to their employment. Employer policy and common sense both dictate that if an employee is too ill or too fatigued to work safely, it is that person’s obligation to place his/her unit out of service. This policy should not be construed to be pressuring or limiting any employee’s obligation to monitor himself/herself and maintain a safe work environment.

Fitness for Duty. Before If the employee does not submit to the Evaluation Administrator within thirty (30) days of the referral notice documentation that they are cleared by a physician to take the evaluation, the Evaluation Administrator will notify the Employer may require an that the employee was unable to undergo an examination, take or complete the evaluation for medical reasons. If the Evaluation Administrator or the employee notifies the Employer shall document of a condition that is of a nature that would put the objectively reasonable justifications for believing employee at risk if they were performing their regular duties, the employee may not be capable restricted from returning to full-duty and, if so restricted, shall be placed, at the discretion of performing the essential functions Chief, on a limited duty assignment or paid administrative leave pending examination of the employee. The employee shall be examined by a physician of their job classification and shall provide the employee with choice for a copy of those justifications at least forty-eight (48) hours prior determination as to the examination. The Employer shall be solely responsible for the cost of fitness for duty examinations. Employees shall receive their regular compensation for all time spent commuting to and from fitness for duty examinations and for the time spent in the examination itself. Personnel conducting fitness for duty examinations pursuant to this section shall only report to the Employer whether the employee is fit or unfit for duty, and if unfit, only identify the employee’s functional limitations fitness for full duty. The employee may also choose to performing be examined by the essential functions of their job classifications. Personnel shall not disclose any additional information and Employees shall not be required to authorize a greater release of information City’s physician at no cost to the Employer. Employees who are found to be fit to perform the essential functions of their job classifications shall be allowed to continue working their regular positions and assignments. If an employee fails to pass a fitness for duty examination, the employee will be placed on leave of absence for a maximum of six (6) months without pay or until the employee successfully passes the examination whichever occurs first. Employees may utilize any accrued PTO during such a leave of absence. Employees determined to be unfit for duty shall have the right to an independent examination and to obtain a second opinion solely at their own expense. In the event a third opinion becomes necessary to resolve a substantial conflict between the first and the second opinions, the Employer shall bear the full cost of the third evaluation and opinionemployee. If the employee is found fit for duty following a third examinationexamined by their own physician, the Employer shall will reimburse the employee for the full cost any out-of-pocket expenses incurred as a result of the second examination and opinioninitial fitness evaluation, to the extent not covered by the employee’s health insurance. Employees determined Subsequent out-of-pocket medical expenses, if any, relating to be unfit for duty the treatment of any condition identified by the employee’s physician or the City’s physician shall be afforded all rights under federalborne by the employee. If the employee does not submit to an initial examination within fourteen (14) days of the date they are relieved of full-duty or if the employee fails to cooperate in submitting to any necessary subsequent examinations in a timely manner, state the Chief may terminate the limited duty or administrative leave status and local lawsplace the employee on unpaid leave, subject to the ability of the employee to use accrued time banks (sick leave or vacation). In order to return to full duty, the employee must produce documentation from their physician in a form acceptable to the Employer that the employee is cleared to resume full-duties. The Employer reserves the right to require an evaluation by the City’s physician before allowing the employee to return to full duty. If the employee becomes subject to work restrictions that prevent him/her from performing normal firefighting duties, and if such employee is not ready to return to normal firefighting duties within six months after such restrictions were imposed, the provisions of this Agreement with respect Department may terminate the limited duty assignment and designate the employee for placement on a medical layoff. If an employee is designated for placement on a medical layoff, the employee shall be entitled to exhaust their employmentsick leave, vacation or other paid-time bank before the layoff becomes effective and may seek other employment within the City.

Fitness for Duty. Before If the employee does not submit to the Evaluation Administrator within thirty (30) days of the referral notice documentation that he/she is cleared by a physician to take the evaluation, the Evaluation Administrator will notify the Employer may require an that the employee was unable to undergo an examination, take or complete the evaluation for medical reasons. If the Evaluation Administrator or the employee notifies the Employer shall document of a condition that is of a nature that would put the objectively reasonable justifications for believing employee at risk if he/she were performing his/her regular duties, the employee may not be capable restricted from returning to full-duty and, if so restricted, shall be placed, at the discretion of performing the essential functions Chief, on a limited duty assignment or paid administrative leave pending examination of their job classification and shall provide the employee with a copy of those justifications at least forty-eight (48) hours prior to the examinationemployee. The Employer employee shall be solely responsible examined by a physician of his/her choice for the cost of fitness for duty examinations. Employees shall receive their regular compensation for all time spent commuting a determination as to and from fitness for duty examinations and for the time spent in the examination itself. Personnel conducting fitness for duty examinations pursuant to this section shall only report to the Employer whether the employee is fit or unfit for duty, and if unfit, only identify the employee’s functional limitations fitness for full duty. The employee may also choose to performing be examined by the essential functions of their job classifications. Personnel shall not disclose any additional information and Employees shall not be required to authorize a greater release of information City’s physician at no cost to the Employer. Employees who are found to be fit to perform the essential functions of their job classifications shall be allowed to continue working their regular positions and assignments. If an employee fails to pass a fitness for duty examination, the employee will be placed on leave of absence for a maximum of six (6) months without pay or until the employee successfully passes the examination whichever occurs first. Employees may utilize any accrued PTO during such a leave of absence. Employees determined to be unfit for duty shall have the right to an independent examination and to obtain a second opinion solely at their own expense. In the event a third opinion becomes necessary to resolve a substantial conflict between the first and the second opinions, the Employer shall bear the full cost of the third evaluation and opinionemployee. If the employee is found fit for duty following a third examinationexamined by his/her own physician, the Employer shall will reimburse the employee for the full cost any out-of-pocket expenses incurred as a result of the second examination and opinioninitial fitness evaluation, to the extent not covered by the employee’s health insurance. Employees determined Subsequent out-of-pocket medical expenses, if any, relating to be unfit for duty the treatment of any condition identified by the employee’s physician or the City’s physician shall be afforded all rights under federalborne by the employee. If the employee does not submit to an initial examination within fourteen (14) days of the date he/she is relieved of full- duty or if the employee fails to cooperate in submitting to any necessary subsequent examinations in a timely manner, state the Chief may terminate the limited duty or administrative leave status and local lawsplace the employee on unpaid leave, subject to the ability of the employee to use accrued time banks (sick leave or vacation). In order to return to full duty, the employee must produce documentation from his/her physician in a form acceptable to the Employer that the employee is cleared to resume full-duties. The Employer reserves the right to require an evaluation by the City’s physician before allowing the employee to return to full duty. If the employee becomes subject to work restrictions that prevent him/her from performing normal firefighting duties, and if such employee is not ready to return to normal firefighting duties within six months after such restrictions were imposed, the provisions of this Agreement with respect Department may terminate the limited duty assignment and designate the employee for placement on a medical layoff. If an employee is designated for placement on a medical layoff, the employee shall be entitled to their employmentexhaust his/her sick leave, vacation or other paid-time bank before the layoff becomes effective and may seek other employment within the City.

Fitness for Duty. Before the The Employer may require an employee subject employees to undergo an examination, the Employer shall document the objectively reasonable justifications job related fitness for believing the employee may not be capable of performing duty medical examinations and/or a physical agility tests to ensure employees can safely perform the essential functions of their job classification and shall provide the employee with a copy of those justifications at least forty-eight (48) hours prior to the examinationclassifications as specified in established Company job descriptions. The Employer shall be solely responsible for the cost of fitness for duty examinationsmedical examinations and/or physical agility tests. Employees shall receive their regular compensation for all time spent commuting to and from fitness for duty examinations and/or physical agility tests and for the time spent in the examination itselfand/or test itself measured from the operations center to the location of the fitness for duty examination and/or physical agility test. The Employer may subject employees returning from any leave of absence to a job-related physical agility test as specified herein. Employees returning from such leaves lasting more than thirty (30) days will be allowed to return to their regular job classifications and job assignments only upon the presentation of an unrestricted work release form and successfully passing the physical agility test. The Employer reserves the right to require employees returning from such leaves lasting less than thirty (30) days to successfully pass the physical agility test. The Employer may subject employees to fitness for duty medical examinations when there are objectively identifiable reasons to believe that an employee may not be capable of performing the essential functions of their job classification. Personnel conducting fitness for duty medical examinations on behalf of the Employer pursuant to this section shall only report be appropriately qualified to conduct the medical examination. Employees shall not be required to authorize a greater release of information to the Employer other than whether the employee is fit or unfit for dutyduty and, and if unfit, only identify the employee’s functional limitations to performing the essential functions of their job classifications. Personnel shall not disclose any additional information and Employees shall not be required to authorize a greater release of information to the Employer. Employees who are found to be fit to perform the essential functions of their job classifications shall be allowed to continue working their regular positions and assignments. If an employee fails to pass a fitness for duty examinationmedical examination and/or a physical agility test, the employee will be placed on leave of absence for a maximum of six sixty (660) months days without pay or until the employee successfully passes the examination and/or physical agility test, whichever occurs first. Employees may utilize any accrued PTO during such a leave of absence. Employees determined who remain unable to be unfit pass a fitness for duty shall have medical examination and/or a physical agility test after the right extended leave may be separated from employment, subject to an independent examination the requirements of applicable leave and to obtain a second opinion solely at their own expense. In the event a third opinion becomes necessary to resolve a substantial conflict between the first and the second opinions, the Employer shall bear the full cost of the third evaluation and opinion. If the employee is found fit for duty following a third examination, the Employer shall reimburse the employee for the full cost of the second examination and opinion. Employees determined to be unfit for duty shall be afforded all rights under federal, state and local disability laws, and the provisions of this Agreement with respect to their employment.

Fitness for Duty. Before If the employee does not submit to the Evaluation Administrator within thirty (30) days of the referral notice documentation that he/she is cleared by a physician to take the evaluation, the Evaluation Administrator will notify the Employer may require an that the employee was unable to undergo an examination, take or complete the evaluation for medical reasons. If the Evaluation Administrator or the employee notifies the Employer shall document of a condition that is of a nature that would put the objectively reasonable justifications for believing employee at risk if he/she were performing his/her regular duties, the employee may not be capable restricted from returning to full-duty and, if so restricted, shall be placed, at the discretion of performing the essential functions Chief, on a limited duty assignment or paid administrative leave pending examination of their job classification and shall provide the employee with a copy of those justifications at least forty-eight (48) hours prior to the examinationemployee. The Employer employee shall be solely responsible examined by a physician of his/her choice for the cost of fitness for duty examinations. Employees shall receive their regular compensation for all time spent commuting a determination as to and from fitness for duty examinations and for the time spent in the examination itself. Personnel conducting fitness for duty examinations pursuant to this section shall only report to the Employer whether the employee is fit or unfit for duty, and if unfit, only identify the employee’s functional limitations fitness for full duty. The employee may also choose to performing be examined by the essential functions of their job classifications. Personnel shall not disclose any additional information and Employees shall not be required to authorize a greater release of information City’s physician at no cost to the Employer. Employees who are found to be fit to perform the essential functions of their job classifications shall be allowed to continue working their regular positions and assignments. If an employee fails to pass a fitness for duty examination, the employee will be placed on leave of absence for a maximum of six (6) months without pay or until the employee successfully passes the examination whichever occurs first. Employees may utilize any accrued PTO during such a leave of absence. Employees determined to be unfit for duty shall have the right to an independent examination and to obtain a second opinion solely at their own expense. In the event a third opinion becomes necessary to resolve a substantial conflict between the first and the second opinions, the Employer shall bear the full cost of the third evaluation and opinionemployee. If the employee is found fit for duty following a third examinationexamined by his/her own physician, the Employer shall will reimburse the employee for the full cost any out-of-pocket expenses incurred as a result of the second examination and opinioninitial fitness evaluation, to the extent not covered by the employee’s health insurance. Employees determined Subsequent out-of-pocket medical expenses, if any, relating to be unfit for duty the treatment of any condition identified by the employee’s physician or the City’s physician shall be afforded all rights under federalborne by the employee. If the employee does not submit to an initial examination within fourteen (14) days of the date he/she is relieved of full-duty or if the employee fails to cooperate in submitting to any necessary subsequent examinations in a timely manner, state the Chief may terminate the limited duty or administrative leave status and local lawsplace the employee on unpaid leave, subject to the ability of the employee to use accrued time banks (sick leave or vacation). In order to return to full duty, the employee must produce documentation from his/her physician in a form acceptable to the Employer that the employee is cleared to resume full-duties. The Employer reserves the right to require an evaluation by the City’s physician before allowing the employee to return to full duty. If the employee becomes subject to work restrictions that prevent him/her from performing normal fire fighting duties, and if such employee is not ready to return to normal fire fighting duties within six months after such restrictions were imposed, the provisions of this Agreement with respect Department may terminate the limited duty assignment and designate the employee for placement on a medical layoff. If an employee is designated for placement on a medical layoff, the employee shall be entitled to their employmentexhaust his/her sick leave, vacation or other paid-time bank before the layoff becomes effective and may seek other employment within the City.

Fitness for Duty. Before If the employee does not submit to the Evaluation Administrator within thirty (30) days of the referral notice documentation that he/she is cleared by a physician to take the evaluation, the Evaluation Administrator will notify the Employer may require an that the employee was unable to undergo an examination, take or complete the evaluation for medical reasons. If the Evaluation Administrator or the employee notifies the Employer shall document of a condition that is of a nature that would put the objectively reasonable justifications for believing employee at risk if he/she were performing his/her regular duties, the employee may not be capable restricted from returning to full-duty and, if so restricted, shall be placed, at the discretion of performing the essential functions Chief, on a limited duty assignment or paid administrative leave pending examination of their job classification and shall provide the employee with a copy of those justifications at least forty-eight (48) hours prior to the examinationemployee. The Employer employee shall be solely responsible examined by a physician of his/her choice for the cost of fitness for duty examinations. Employees shall receive their regular compensation for all time spent commuting a determination as to and from fitness for duty examinations and for the time spent in the examination itself. Personnel conducting fitness for duty examinations pursuant to this section shall only report to the Employer whether the employee is fit or unfit for duty, and if unfit, only identify the employee’s functional limitations fitness for full duty. The employee may also choose to performing be examined by the essential functions of their job classifications. Personnel shall not disclose any additional information and Employees shall not be required to authorize a greater release of information City’s physician at no cost to the Employer. Employees who are found to be fit to perform the essential functions of their job classifications shall be allowed to continue working their regular positions and assignments. If an employee fails to pass a fitness for duty examination, the employee will be placed on leave of absence for a maximum of six (6) months without pay or until the employee successfully passes the examination whichever occurs first. Employees may utilize any accrued PTO during such a leave of absence. Employees determined to be unfit for duty shall have the right to an independent examination and to obtain a second opinion solely at their own expense. In the event a third opinion becomes necessary to resolve a substantial conflict between the first and the second opinions, the Employer shall bear the full cost of the third evaluation and opinionemployee. If the employee is found fit for duty following a third examinationexamined by his/her own physician, the Employer shall will reimburse the employee for the full cost any out-of-pocket expenses incurred as a result of the second examination and opinioninitial fitness evaluation, to the extent not covered by the employee’s health insurance. Employees determined Subsequent out- of-pocket medical expenses, if any, relating to be unfit for duty the treatment of any condition identified by the employee’s physician or the City’s physician shall be afforded all rights under federalborne by the employee. If the employee does not submit to an initial examination within fourteen (14) days of the date he/she is relieved of full-duty or if the employee fails to cooperate in submitting to any necessary subsequent examinations in a timely manner, state the Chief may terminate the limited duty or administrative leave status and local lawsplace the employee on unpaid leave, subject to the ability of the employee to use accrued time banks (sick leave or vacation). In order to return to full duty, the employee must produce documentation from his/her physician in a form acceptable to the Employer that the employee is cleared to resume full-duties. The Employer reserves the right to require an evaluation by the City’s physician before allowing the employee to return to full duty. If the employee becomes subject to work restrictions that prevent him/her from performing normal firefighting duties, and if such employee is not ready to return to normal firefighting duties within six months after such restrictions were imposed, the provisions of this Agreement with respect Department may terminate the limited duty assignment and designate the employee for placement on a medical layoff. If an employee is designated for placement on a medical layoff, the employee shall be entitled to their employmentexhaust his/her sick leave, vacation or other paid-time bank before the layoff becomes effective and may seek other employment within the City.

Fitness for Duty. Before If the employee does not submit to the Evaluation Administrator within thirty (30) days of the referral notice documentation that the employee is cleared by a physician to take the evaluation, the Evaluation Administrator will notify the Employer may require an that the employee was unable to undergo an examination, take or complete the evaluation for medical reasons. If the Evaluation Administrator or the employee notifies the Employer shall document of a condition that is of a nature that would put the objectively reasonable justifications for believing employee at risk if the employee were performing their regular duties, the employee may not be capable restricted from returning to full-duty and, if so restricted, shall be placed, at the discretion of performing the essential functions Chief, on a limited duty assignment or paid administrative leave pending examination of the employee. The employee shall be examined by a physician of their job classification and shall provide the employee with choice for a copy of those justifications at least forty-eight (48) hours prior determination as to the examination. The Employer shall be solely responsible for the cost of fitness for duty examinations. Employees shall receive their regular compensation for all time spent commuting to and from fitness for duty examinations and for the time spent in the examination itself. Personnel conducting fitness for duty examinations pursuant to this section shall only report to the Employer whether the employee is fit or unfit for duty, and if unfit, only identify the employee’s functional limitations fitness for full duty. The employee may also choose to performing be examined by the essential functions of their job classifications. Personnel shall not disclose any additional information and Employees shall not be required to authorize a greater release of information City’s physician at no cost to the Employer. Employees who are found to be fit to perform the essential functions of their job classifications shall be allowed to continue working their regular positions and assignments. If an employee fails to pass a fitness for duty examination, the employee will be placed on leave of absence for a maximum of six (6) months without pay or until the employee successfully passes the examination whichever occurs first. Employees may utilize any accrued PTO during such a leave of absence. Employees determined to be unfit for duty shall have the right to an independent examination and to obtain a second opinion solely at their own expense. In the event a third opinion becomes necessary to resolve a substantial conflict between the first and the second opinions, the Employer shall bear the full cost of the third evaluation and opinionemployee. If the employee is found fit for duty following a third examinationexamined by their own physician, the Employer shall will reimburse the employee for the full cost any out-of-pocket expenses incurred as a result of the second examination and opinioninitial fitness evaluation, to the extent not covered by the employee’s health insurance. Employees determined Subsequent out-of-pocket medical expenses, if any, relating to be unfit for duty the treatment of any condition identified by the employee’s physician or the City’s physician shall be afforded all rights under federalborne by the employee. If the employee does not submit to an initial examination within fourteen (14) days of the date they are relieved of full-duty or if the employee fails to cooperate in submitting to any necessary subsequent examinations in a timely manner, state the Chief may terminate the limited duty or administrative leave status and local lawsplace the employee on unpaid leave, subject to the ability of the employee to use accrued time banks (sick leave or vacation). In order to return to full duty, the employee must produce documentation from their physician in a form acceptable to the Employer that the employee is cleared to resume full-duties. The Employer reserves the right to require an evaluation by the City’s physician before allowing the employee to return to full duty. If the employee becomes subject to work restrictions that prevent the employee from performing normal firefighting duties, and if such employee is not ready to return to normal firefighting duties within six months after such restrictions were imposed, the provisions of Department may terminate the limited duty assignment and designate the employee for placement on a medical layoff. If an employee is designated for placement on a medical layoff, the employee shall be entitled to exhaust sick leave, vacation or other paid-time bank before the layoff becomes effective. An employee may remain on the medial layoff/recall list for up to three (3) years. Nothing in this Agreement with respect to their employmentagreement shall prohibit the employee from seeking other employment within the City.

Fitness for Duty. Before the Employer may require an employee to undergo an examination, the Employer shall document the objectively reasonable justifications for believing the employee may not be capable of performing the essential functions of their job classification and shall provide the employee with a copy of those justifications at least forty-eight (48i) hours prior to the examination. The Employer It shall be solely responsible for the cost a condition of employment that Boating Service Officers maintain a level of fitness for duty examinationsconsistent with the demands of the position. Employees shall receive their regular compensation for all time spent commuting This will ensure the continued health and safety of BSOs and as such recognises that there is a range of environmental and operational conditions that could impact on the health of an officer. (ii) Subsequent to and from appointment and, in order to ensure that prescribed fitness for duty examinations and for the time spent in the examination itself. Personnel conducting fitness for duty examinations pursuant to this section shall only report to the Employer whether the employee is fit or unfit for dutystandards are maintained, and if unfit, only identify the employee’s functional limitations to performing the essential functions of their job classifications. Personnel shall not disclose any additional information and Employees shall not Boating Service Officers will be required to authorize be medically assessed every two years or on a greater release more frequent basis if indicated by medical advice. Wherever possible medical examinations, to a prescribed format, shall be carried out by NSW Maritime’s Occupational Health Physician, or by other similarly qualified practitioners nominated by NSW Maritime. (iii) The ongoing standard of information fitness required of BSOs will be determined as required by the NSW Maritime Occupational Health Physician having regard to the Employernature of the job and the circumstances under which it is performed. (iv) NSW Maritime shall provide a list of suitable female doctors for medicals. (v) An officer who fails to meet the prescribed fitness standards will be given an appropriate period of time, as determined on medical advice, to achieve the level of fitness required. Employees Subsequently, an officer who are found fails the medical re-assessment or who is deemed on medical advice not capable of regaining or maintaining an acceptable level of fitness, will be rehabilitated to be fit another position in accordance with the Rehabilitation and Selected Duties Policy. (vi) An officer who fails to perform meet the essential functions of their job classifications fitness standards and/or is advised by the consulting physician on lifestyle changes, initiatives to improve fitness or other measures, shall be allowed referred to continue working his/her personal doctor for further investigation. Henceforth any additional costs incurred by the officer, for the purpose of re-gaining the required level of fitness, will be the responsibility of the officer concerned. (vii) BSO's returning to work after long term absences from active work will be required to undergo a periodic assessment before the commencement of duties. Officers returning to active duties after a prolonged illness or injury will be required to submit a private medical clearance before the resumption of duties, as well as undergoing their regular positions and assignments. If an employee fails to pass a fitness for duty examinationperiodic medical when it falls due (viii) Within three (3) months of certification of this Agreement, the employee will be placed SUA and NSW Maritime shall discuss and reach agreement on leave of absence a revised standard and format for a maximum of six (6) months without pay or until the employee successfully passes the examination whichever occurs first. Employees may utilize any accrued PTO during such a leave of absence. Employees determined to be unfit for duty shall have the right to an independent examination and to obtain a second opinion solely at their own expense. In the event a third opinion becomes necessary to resolve a substantial conflict between the first and the second opinions, the Employer shall bear the full cost of the third evaluation and opinion. If the employee is found fit for duty following a third examination, the Employer shall reimburse the employee for the full cost of the second examination and opinion. Employees determined to be unfit for duty shall be afforded all rights under federal, state and local laws, and the provisions of this Agreement with respect to their employmentperiodic medicals.