Common use of foregoing Clause in Contracts

foregoing. If so, the Producer will notify the prospective employee of the policy prior to the first pre-employment test. It is understood that offers of employment are contingent on the prospective employee undergoing pre-employment test(s) required by the Producer which yield(s) a negative result,27 with the exception of individuals whom the Producer travels by air within the United States or Canada prior to conducting, and/or obtaining the results of, the pre-employment COVID-19 test, who shall be considered employed in accordance with the terms of the applicable collective bargaining agreement, but under no circumstances later than the date of travel unless the terms of the individual’s personal services agreement treats the individual as employed at an earlier date, in which case the earlier date in the personal services agreement will apply. A prospective employee who undergoes the requisite pre-employment test(s) shall be considered “employed” if the test(s) yield(s) a negative result. However, the employee may also be required to complete a Health Assessment Survey and/or to conduct a temperature check in accordance with instructions supplied by the Producer before he/she starts his/her first day of work. If the Producer instructs an employee with the requisite negative COVID-19 test result(s) to stay home on his/her first day of work based on the results of a temperature check and/or Health Assessment Survey, the employee will be paid pursuant to any sick leave provisions of the applicable collective bargaining agreement or an applicable statute, if any, and once exhausted, pursuant to the temporary COVID-19 paid sick leave provisions in Item 8 below. Item 8.k. will apply to determine whether and when the employee may commence work.