Common use of Illness or Disability Clause in Contracts

Illness or Disability. An employee who (1) is unable to work because of personal sickness or injury and (2) has exhausted sick pay from all sources and vacation payments will be granted a leave of absence without pay upon request in writing to the Employment Services Office, Human Resources and furnishing evidence of disability satisfactory to the University. Such request and evidence may be delivered or sent to the Employment Services Office, Human Resources by the Union or any other interested party. The leave of absence shall be for the period of continued disability for a maximum period of time of two (2) years. Requests for extensions of a leave of absence beyond two (2) years may be submitted to the Employment Services Office, Human Resources. To continue the leave of absence, an employee must receive appropriate medical treatment and furnish satisfactory evidence of continuing disability. When necessary, physicians' opinions shall be the basis used to determine the question of appropriate medical treatment or evidence of continuing disability. MEDICAL CONDITION FOLLOWING LEAVE - An employee returning from an unpaid medical leave of absence may be required to furnish a physician's statement as to the employee's condition with respect to whether the employee's condition might interfere with the performance of the employee's duties. If the University requires a medical statement from an employee returning from a personal leave of absence, then the examination will be at the expense of the University. MEDICAL DISPUTE - In the event of a dispute involving any employee's physical ability to perform that employee's assigned work upon his return to work at the University from a layoff or from any leave of absence, and the employee is not satisfied with the determination of the designated physician of the University with respect to the employee's ability to perform that employee's work, he may submit a report from a medical doctor of his/her own choosing and at his/her own expense. If the dispute still exists, at the request of the employee, the designated physician of the University and the employee's doctor shall agree upon a third doctor to submit a report to the University and the employee, and the decision of such third party will be binding upon the parties. The expenses of the third party medical physician shall be shared equally by the University and the employee.