Common use of INCAPACITATED EMPLOYEES Clause in Contracts

INCAPACITATED EMPLOYEES. A. An employee who has become permanently incapacitated for work in their seniority classification, or an employee who has become permanently incapacitated for work in their secondary seniority classification, or an employee returning from service in the Armed Forces who is no longer physically or emotionally suited for their former work shall be transferred by the Company to any other work they can perform in accordance with the following procedure: B. The incapacitated employee will be placed in an open job if such a job exists, assuming they are qualified to perform such work. C. If there are no open jobs, as noted above, and if there are no jobs held by probationary employees which the incapacitated employee is qualified to perform, then the seniority list will be checked from the employee with the least seniority rights upward until a job is found which the incapacitated employee is qualified to perform. It is understood that no employee will be displaced who has greater seniority rights than that of the incapacitated employee. The employee displaced will be assigned in accordance with the appropriate provision(s) of this Article. D. Should a dispute arise under the provisions of this Section the parties will jointly select a third doctor to examine the employee. The purpose of this examination shall be to determine if the employee's disability is temporary or permanent, what the employee's work-related capabilities are, and the type of work the employee can be expected to perform with their physical limitations. The decision of the third doctor selected under this paragraph will be binding on the parties. E. The parties, by mutual agreement, may appoint a physician or an approved clinic or the staff of an approved hospital which will resolve medical disputes concerning the existence or nonexistence of either a total or partial disability which may arise in the application of this Section. If the parties are unable to agree on such appointment, the appointment will be made by the County Medical Association. The resulting decision will be binding upon the parties. The Union and Company will share equally any costs resulting from such appointments.

INCAPACITATED EMPLOYEES. A. An employee who has become permanently incapacitated for work in their his seniority classification, or an employee who has become permanently incapacitated for work in their his secondary seniority classification, or an employee returning from service in the Armed Forces who is no longer physically or emotionally suited for their his former work shall be transferred by the Company to any other work they he can perform in accordance with the following procedure: B. The incapacitated employee will be placed in an open job if such a job exists, assuming they are he is qualified to perform such work. C. If there are no open jobs, as noted above, and if there are no jobs held by probationary employees which the incapacitated employee is qualified to perform, then the seniority list will be checked from the employee with the least seniority rights upward until a job is found which the incapacitated employee is qualified to perform. It is understood that no employee will be displaced who has greater seniority rights than that of the incapacitated employee. The employee displaced will be assigned in accordance with the appropriate provision(s) of this Article. D. Should a dispute arise under the provisions of this Section the parties will jointly select a third doctor to examine the employee. The purpose of this examination shall be to determine if the employee's disability is temporary or permanent, what the employee's work-work related capabilities are, and the type of work the employee can be expected to perform with their his physical limitations. The decision of the third doctor selected under this paragraph will be binding on the parties. E. The parties, parties by mutual agreement, agreement may appoint a physician or an approved clinic or the staff of an approved hospital which will resolve medical disputes concerning the existence or nonexistence of either a total or partial disability which may arise in the application of this Section. If the parties are unable to agree on such appointment, the appointment will be made by the County Medical Association. The resulting decision will be binding upon the parties. The Union and Company will share equally any costs resulting from such appointments.

INCAPACITATED EMPLOYEES. A. (1) When there is reason to believe that an employee to whom the disciplinary procedures of this Agreement apply is physically and/or mentally disabled from performing the duties of his/her position, the appropriate Deputy Chief Administrative Judge (Courts Within or Outside New York City) may require such employee to undergo a physical and/or psychiatric examination at the expense of the State, to be conducted by a medical officer selected by the Chief Administrative Judge or his/her designee, to establish whether he/she is able to perform the full duties of his/her position and/or whether his/her continued presence on the job will jeopardize the health and safety of himself/herself or other employees. (2) Where the continued presence of an employee on the job represents a potential danger to persons or property or would significantly interfere with operations, the appropriate Deputy Chief Administrative Judge (Courts Within or Outside New York City) may place such employee on an involuntary leave of absence immediately, provided, however, that the employee shall be entitled to draw all accumulated and unused sick leave, annual leave, compensatory time, overtime credits and other time allowances standing to his/her credit. If such employee is finally determined to be physically and mentally fit to perform the duties of his/her position, he/she shall be restored to his/her position and shall have any leave credits or salary that he/she may have lost because of such involuntary leave of absence restored to him/her, less any compensation he/she may have earned in other employment or occupation and any unemployment benefits he/she may have received during such period. (3) An employee who has become permanently incapacitated is temporarily disabled from performing the full duties of his/her position may, as far as practicable, be assigned to in-title and related duties in the same title during the period of the employee's disability. If a suitable position is not available, the State may offer the employee any available opportunity for work in their seniority classificationappointment to another title for which the employee is qualified pursuant to applicable rules of the Chief Administrative Judge. If no suitable position is available, and there is no offer of appointment to another title, or the employee refuses such offer, such employee shall be placed on leave and allowed to draw all accumulated and unused sick leave, annual leave, compensatory time, overtime credits and other time allowances standing to his/her credit prior to being placed on leave without pay. An employee who chooses to draw his/her accumulated leave credits under this section shall cease to earn and accrue sick and annual leave credits during that period. An employee placed on leave pursuant to this subsection who is not reinstated within one year after the date of commencement of such leave, may be terminated by the appropriate Deputy Chief Administrative Judge (Courts Within or Outside New York City) and his/her position may be filled by a permanent appointment. (4) When an employee who has become is not permanently incapacitated from performing the duties of his/her position has been absent from and unable to perform the duties of his/her position by reason of sickness or disability either for work in their secondary seniority classificationa consecutive period of one year or more or for a cumulative total of 250 workdays or more within a period of 24 consecutive calendar months and who reasonably cannot be expected to be able to resume performing his/her duties on a full-time basis shortly thereafter, his/her employment status may be terminated by the appropriate Deputy Chief Administrative Judge (Courts Within or Outside New York City) and his/her position may be filled by a permanent appointment. (5) This section shall not be construed to require the extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation. (6) (a) Absent exceptional circumstances, prior to being placed on leave pursuant to Section 9.3(h)(2) or Section 9.3(h)(3) or terminated pursuant to Section 9.3(h)(4), or, under exceptional circumstances, as soon thereafter as reasonably possible, an employee returning from service in the Armed Forces who is no longer physically or emotionally suited for their former work shall be transferred by the Company to any other work they can perform in accordance provided with the following procedure: B. The incapacitated employee will be placed in an open job if such a job existswritten notice thereof, assuming they are qualified to perform such work. C. If there are no open jobs, as noted above, and if there are no jobs held by probationary employees which the incapacitated employee is qualified to perform, then the seniority list will be checked from the employee with the least seniority rights upward until a job is found which the incapacitated employee is qualified to perform. It is understood that no employee will be displaced who has greater seniority rights than that including written notice of the incapacitated facts relied on therefor and written notice of the employee's right to appeal the determination and of the procedures for perfecting such appeal. Such notice shall be served in person or by first class, registered or certified mail, return receipt requested, upon the employee. The employee displaced will be assigned in accordance If such person elects to appeal, he/she shall file a written request for a hearing with the appropriate provision(sDeputy Chief Administrative Judge (Courts Within or Outside New York City) within ten workdays from service of this Article. D. Should a dispute arise under the provisions notice of this Section the parties will jointly select a third doctor determination to examine the employeebe reviewed. The purpose of this examination request for such hearing shall be to determine if the employee's disability is temporary or permanent, what the employee's work-related capabilities are, and the type of work filed by the employee can be expected to perform with their physical limitations. The decision of the third doctor selected under this paragraph will be binding on the partiespersonally or by first class, certified or registered mail, return receipt requested. E. The parties, by mutual agreement, may appoint a physician or an approved clinic or the staff of an approved hospital which will resolve medical disputes concerning the existence or nonexistence of either a total or partial disability which may arise in the application of this Section. If the parties are unable to agree on such appointment, the appointment will be made by the County Medical Association. The resulting decision will be binding upon the parties. The Union and Company will share equally any costs resulting from such appointments.

INCAPACITATED EMPLOYEES. A. (1) When there is reason to believe that an employee to whom the disciplinary procedures of this Agreement apply is physically and/or mentally dis- abled from performing the duties of his/her position, the Deputy Chief Administrative Judge (Courts Outside New York City) may require such employee to undergo a physical and/or psychiatric examination at the expense of the State, to be conducted by a medical officer selected by the Chief Administrative Judge of the Courts or his/her designee, to establish whether he/she is able to perform the full duties of his/her position and/or whether his/her continued presence on the job will jeopardize the health and safety of himself/herself or other employees. (2) Where the continued presence of an employee on the job represents a potential danger to persons or property or would significantly interfere with opera- tions, the Deputy Chief Administrative Judge (Courts Outside New York City) may place such employee on an involuntary leave of absence immediately, provided, however, that the employee shall be entitled to draw all accumulated and unused sick leave, annual leave, compensatory time, overtime credits and other time allowances standing to his/her credit. If such employee is finally determined to be physically and mentally fit to perform the duties of his/her posi- tion, he/she shall be restored to his/her position and shall have any leave credits or salary that he/she may have lost because of such involuntary leave of absence restored to him/her, less any compensation he/she may have earned in other employment or occupation and any unemployment benefits he/she may have received during such period. (3) An employee who has become permanently incapacitated is temporarily disabled from performing the full duties of his/her position may, as far as practicable, be assigned to in-title and related duties in the same title during the period of the employee's disability. If a suitable position is not available, the State may offer the employee any available opportunity for work in their seniority classificationappointment to another title for which the employee is qualified pursuant to applicable rules of the Chief Administrative Judge of the Courts. If no suitable position is available, and there is no offer of appointment to another title, or the employee refuses such offer, such employee shall be placed on leave and allowed to draw all accumulated and unused sick leave, annual leave, compensatory time, overtime credits and other time allowances standing to his/her credit prior to being placed on leave without pay. An employee who chooses to draw his/her accumulated leave credits under this section shall cease to earn and accrue sick and annual leave credits during that period. An employee placed on leave pursuant to this subsection who is not reinstated within one year after the date of commencement of such leave, may be terminated by the Deputy Chief Administrative Judge (Courts Outside New York City) and his/her position may be filled by a permanent appointment. (4) When an employee who has become is not permanently incapacitated from performing the duties of his/her position has been absent from and unable to perform the duties of his/her position by reason of sickness or disability either for work in their secondary seniority classificationa consecutive period of one year or more or for a cumulative total of 250 workdays or more within a period of 24 consecutive calendar months and who reasonably cannot be expected to be able to resume performing his/her duties on a full-time basis shortly thereafter, his/her employment status may be terminated by the Deputy Chief Administrative Judge (Courts Outside New York City) and his/her position may be filled by a permanent appointment. (5) This section shall not be construed to require the extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation. (6) (a) Absent exceptional circumstances, prior to being placed on leave pursuant to Section 9.3(i)(2) or Section 9.3(i)(3) or terminated pursuant to Section 9.3(i)(4), or, under exceptional circumstances, as soon thereafter as reasonably possible, an employee returning from service in the Armed Forces who is no longer physically or emotionally suited for their former work shall be transferred by the Company to any other work they can perform in accordance provided with the following procedure: B. The incapacitated employee will be placed in an open job if such a job existswritten notice thereof, assuming they are qualified to perform such work. C. If there are no open jobs, as noted above, and if there are no jobs held by probationary employees which the incapacitated employee is qualified to perform, then the seniority list will be checked from the employee with the least seniority rights upward until a job is found which the incapacitated employee is qualified to perform. It is understood that no employee will be displaced who has greater seniority rights than that including written notice of the incapacitated employee. The employee displaced will be assigned in accordance with the appropriate provision(s) facts relied on therefor and written notice of this Article. D. Should a dispute arise under the provisions of this Section the parties will jointly select a third doctor to examine the employee. The purpose of this examination shall be to determine if the employee's disability is temporary right to appeal the determination and of the procedures for perfecting such appeal. Such notice shall be served in person or permanentby first class, what registered or certified mail, return receipt requested, upon the employee's work-related capabilities are, employee and the type Union. If such person elects to appeal, he/she shall file a written request for a hearing with the Deputy Chief Administrative Judge (Courts Outside New York City) within ten workdays from service of work the notice of the determination to be reviewed. The request for such hearing shall be filed by the employee can be expected to perform with their physical limitations. The decision of the third doctor selected under this paragraph will be binding on the partiespersonally or by first class, certified or registered mail, return receipt requested. E. The parties, by mutual agreement, may appoint a physician or an approved clinic or the staff of an approved hospital which will resolve medical disputes concerning the existence or nonexistence of either a total or partial disability which may arise in the application of this Section. If the parties are unable to agree on such appointment, the appointment will be made by the County Medical Association. The resulting decision will be binding upon the parties. The Union and Company will share equally any costs resulting from such appointments.

INCAPACITATED EMPLOYEES. A. An employee Employees who has become permanently incapacitated for work in submit a doctor’s statement indicating they are incapable of performing their seniority classificationregular job as a result of injury, sickness, or an employee who has become permanently incapacitated for work in their secondary seniority classification, or an employee returning from service physical condition will be afforded a job in the Armed Forces who is no longer physically or emotionally suited for their former work shall be transferred by the Company plant subject to any other work they can perform in accordance with the following procedure: B. The 1. If the ailment is not obvious, the Company and the Union may mutually request the employee to see a second doctor at the employee’s expense. Should the employee refuse to submit to a second doctor’s examination, such employee will not be considered incapacitated under this section. Nothing herein prohibits the Company from exercising the right to send the employee to a Company doctor at the Company’s expense. 2. Once the incapacitation is substantiated, the employee will be assigned to a job that has been posted with no senior bidder provided it is within his incapacitation restrictions. If there is no such job, the incapacitated employee will be placed in the labor pool with one job bid if he or she has none. The employee must use this job bid at the earliest opportunity to secure a job he or she is capable of performing. If a job is posted that an incapacitated employee is capable of performing and awarded to a junior employee because the incapacitated employee did not bid, the incapacitated employee will be placed on such job. When the incapacitated employee enters the labor pool, the Company will utilize such employee in the labor pool. If the employee’s incapacitation limits the employee from working in the plant, he or she would be placed on sick leave subject to sickness and accident or other benefits provided under the agreement. If while the employee is on sick leave a job is posted with no senior bidder, the Company shall contact the incapacitated employee or employees according to seniority and if they are capable of performing the work the Company shall place the senior incapacitated employee on such job. If this employee refuses such job, sickness, accident, or other benefits provided under this agreement will be terminated immediately. 3. If employees use this procedure to obtain or regain a job, the Company and Union may require them to provide an updated medical analysis of their condition periodically, but not to exceed 30 day intervals at employee’s expense. 4. Once an employee has submitted medical proof (as in #1 above) that he is permanently disabled and can no longer do his then present job, this employee will be assigned a job he is capable of performing as follows: 1. Must be assigned to an open job if such a job exists, assuming they are qualified to perform such workjob. C. 2. If there are no such open jobs, as noted above, employee will use displacement rights. Once the Company and if the Union become aware that there are is no jobs held by probationary employees which the incapacitated employee is qualified to other job he can perform, then the seniority list Company and the Union will be checked from determine if, in fact, the employee with the least seniority rights upward until a job is found which the incapacitated employee is qualified to perform. It is understood that no employee will should be displaced who has greater seniority rights than that of the incapacitated employee. The employee displaced will be assigned in accordance with the appropriate provision(s) of this Article. D. Should a dispute arise under the provisions of this Section the parties will jointly select a third doctor to examine the employee. The purpose of this examination shall be to determine if the employee's disability is temporary or permanent, what the employee's work-related capabilities are, and the type of work the employee can be expected to perform with their physical limitations. The decision of the third doctor selected under this paragraph will be binding frozen on the parties. E. The parties, by mutual agreement, may appoint a physician or an approved clinic or the staff of an approved hospital which will resolve medical disputes concerning the existence or nonexistence of either a total or partial disability which may arise in the application of this Sectionhis existing job. If the parties are unable to agree employee is frozen on such appointmentthe job, the appointment will he can only be made removed by the County Medical Associationparties after submission of additional medical information or re-evaluation for other jobs. The resulting decision 456 457 458 459 460 461 462 463 5. Disabled employees who are frozen on jobs as provided above that receive layoff notice will have their frozen status revoked and, if displaced, will go to the labor pool until laid off. No incapacitated employees shall be binding upon the parties. The Union and Company will share equally any costs resulting from such appointmentsconsidered frozen on a job except as specifically provided in this section.

INCAPACITATED EMPLOYEES. A. An employee who has become permanently incapacitated for work in their his seniority classification, or an employee who has become permanently incapacitated for work in their his secondary seniority classification, or an employee returning from service in the Armed Forces who is no longer physically or emotionally suited for their his former work shall be transferred by the Company to any other work they he can perform in accordance with the following procedure: B. The incapacitated employee will be placed in an open job if such a job exists, assuming they are he is qualified to perform such work. C. If there are no open jobs, as noted above, and if there are no jobs held by probationary employees which the incapacitated employee is qualified to perform, then the seniority list will be checked from the employee with the least seniority rights upward until a job is found which the incapacitated employee is qualified to perform. It is understood that no employee will be displaced who has greater seniority rights than that of the incapacitated employee. The employee displaced will be assigned in accordance with the appropriate provision(s) of this Article. D. Should a dispute arise under the provisions of this Section the parties will jointly select a third doctor to examine the employee. The purpose of this examination shall be to determine if the employee's disability is temporary or permanent, what the employee's work-work related capabilities are, and the type of work the employee can be expected to perform with their his physical limitations. The decision of the third doctor selected under this paragraph will be binding on the parties. E. The parties, by mutual agreement, may appoint a physician or an approved clinic or the staff of an approved hospital which will resolve medical disputes concerning the existence or nonexistence of either a total or partial disability which may arise in the application of this Section. If the parties are unable to agree on such appointment, the appointment will be made by the County Medical Association. The resulting decision will be binding upon the parties. The Union and Company will share equally any costs resulting from such appointments.

INCAPACITATED EMPLOYEES. A. (1) When there is reason to believe that an employee to whom the disciplinary procedures of this Agreement apply is physically and/or mentally dis- abled from performing the duties of his/her position, the Deputy Chief Administrative Judge (Courts Outside New York City) may require such employee to undergo a physical and/or psychiatric examination at the expense of the State, to be conducted by a medical officer selected by the Chief Administrative Judge of the Courts or his/her designee, to establish whether he/she is able to perform the full duties of his/her position and/or whether his/her continued presence on the job will jeopardize the health and safety of himself/herself or other employees. (2) Where the continued presence of an employee on the job represents a potential danger to persons or property or would significantly interfere with opera- tions, the Deputy Chief Administrative Judge (Courts Outside New York City) may place such employee on an involuntary leave of absence immediately, provided, however, that the employee shall be entitled to draw all accumulated and unused sick leave, annual leave, compensatory time, overtime credits and other time allowances standing to his/her credit. If such employee is finally determined to be physically and mentally fit to perform the duties of his/her posi- tion, he/she shall be restored to his/her position and shall have any leave credits or salary that he/she may have lost because of such involuntary leave of absence restored to him/her, less any compensation he/she may have earned in other employment or occupation and any unemployment benefits he/she may have received during such period. (3) An employee who has become permanently incapacitated is temporarily disabled from performing the full duties of his/her position may, as far as practicable, be assigned to in-title and related duties in the same title during the period of the employee's disability. If a suitable position is not available, the State may offer the employee any available opportunity for work in their seniority classificationappointment to another title for which the employee is qualified pursuant to applicable rules of the Chief Administrative Judge of the Courts. If no suitable position is available, and there is no offer of appointment to another title, or the employee refuses such offer, such employee shall be placed on leave and allowed to draw all accumulated and unused sick leave, annual leave, compensatory time, overtime credits and other time allowances standing to his/her credit prior to being placed on leave without pay. An employee who chooses to draw his/her accumulated leave credits under this Section shall cease to earn and accrue sick and annual leave credits during that period. An employee placed on leave pursuant to this subsection who is not reinstated within one year after the date of commencement of such leave, may be terminated by the Deputy Chief Administrative Judge (Courts Outside New York City) and his/her position may be filled by a permanent appointment. (4) When an employee who has become is not permanently incapacitated from performing the duties of his/her position has been absent from and unable to perform the duties of his/her position by reason of sickness or disability either for work in their secondary seniority classificationa consecutive period of one year or more or for a cumulative total of 250 workdays or more within a period of 24 consecutive calendar months and who reasonably cannot be expected to be able to resume performing his/her duties on a full-time basis shortly thereafter, his/her employment status may be terminated by the Deputy Chief Administrative Judge (Courts Outside New York City) and his/her position may be filled by a permanent appointment. (5) This Section shall not be construed to require the extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation. (6) (a) Absent exceptional circumstances, prior to being placed on leave pursuant to Section 9.3(i)(2) or 9.3(i)(3) or terminated pursuant to Section 9.3(i)(4), or, under exceptional circumstances, as soon thereafter as reasonably possible, an employee returning from service in the Armed Forces who is no longer physically or emotionally suited for their former work shall be transferred by the Company to any other work they can perform in accordance provided with the following procedure: B. The incapacitated employee will be placed in an open job if such a job existswritten notice thereof, assuming they are qualified to perform such work. C. If there are no open jobs, as noted above, and if there are no jobs held by probationary employees which the incapacitated employee is qualified to perform, then the seniority list will be checked from the employee with the least seniority rights upward until a job is found which the incapacitated employee is qualified to perform. It is understood that no employee will be displaced who has greater seniority rights than that including written notice of the incapacitated employee. The employee displaced will be assigned in accordance with the appropriate provision(s) facts relied on therefor and written notice of this Article. D. Should a dispute arise under the provisions of this Section the parties will jointly select a third doctor to examine the employee. The purpose of this examination shall be to determine if the employee's disability is temporary right to appeal the determination and of the procedures for perfecting such appeal. Such notice shall be served in person or permanentby first class, what registered or certified mail, return receipt requested, upon the employee's work-related capabilities are, employee and the type Union. If such person elects to appeal, he/she shall file a written request for a hearing with the Deputy Chief Administrative Judge (Courts Outside New York City) within ten workdays from service of work the notice of the determination to be reviewed. The request for such hearing shall be filed by the employee can be expected to perform with their physical limitations. The decision of the third doctor selected under this paragraph will be binding on the partiespersonally or by first class, certified or registered mail, return receipt requested. E. The parties, by mutual agreement, may appoint a physician or an approved clinic or the staff of an approved hospital which will resolve medical disputes concerning the existence or nonexistence of either a total or partial disability which may arise in the application of this Section. If the parties are unable to agree on such appointment, the appointment will be made by the County Medical Association. The resulting decision will be binding upon the parties. The Union and Company will share equally any costs resulting from such appointments.

INCAPACITATED EMPLOYEES. A. (1) When there is reason to believe that an employee to whom the disciplinary procedures of this Agreement apply is physically and/or mentally disabled from performing the duties of his/her position, the appropriate Deputy Chief Administrative Judge (Courts Within or Outside New York City) may require such employee to undergo a physical and/or psychiatric examination at the expense of the State, to be conducted by a medical officer selected by the Chief Administrative Judge or his/her designee, to establish whether he/she is able to perform the full duties of his/her position and/or whether his/her continued presence on the job will jeopardize the health and safety of himself/herself or other employees. (2) Where the continued presence of an employee on the job represents a potential danger to persons or property or would significantly interfere with operations, the appropriate Deputy Chief Administrative Judge (Courts Within or Outside New York City) may place such employee on an involuntary leave of absence immediately, provided, however, that the employee shall be entitled to draw all accumulated and unused sick leave, annual leave, compensatory time, overtime credits and other time allowances standing to his/her credit. If such employee is finally determined to be physically and mentally fit to perform the duties of his/her position, he/she shall be restored to his/her position and shall have any leave credits or salary that he/she may have lost because of such involuntary leave of absence restored to him/her, less any compensation he/she may have earned in other employment or occupation and any unemployment benefits he/she may have received during such period. (3) An employee who has become permanently incapacitated is temporarily disabled from performing the full duties of his/her position may, as far as practicable, be assigned to in-title and related duties in the same title during the period of the employee's disability. If a suitable position is not available, the State may offer the employee any available opportunity for work in their seniority classificationappointment to another title for which the employee is qualified pursuant to applicable rules of the Chief Administrative Judge. If no suitable position is available, and there is no offer of appointment to another title, or the employee refuses such offer, such employee shall be placed on leave and allowed to draw all accumulated and unused sick leave, annual leave, compensatory time, overtime credits and other time allowances standing to his/her credit prior to being placed on leave without pay. An employee who chooses to draw his/her accumulated leave credits under this section shall cease to earn and accrue sick and annual leave credits during that period. An employee placed on leave pursuant to this subsection who is not reinstated within one year after the date of commencement of such leave, may be terminated by the appropriate Deputy Chief Administrative Judge (Courts Within or Outside New York City) and his/her position may be filled by a permanent appointment. (4) When an employee who has become is not permanently incapacitated from performing the duties of his/her position has been absent from and unable to perform the duties of his/her position by reason of sickness or disability either for work in their secondary seniority classificationa consecutive period of one year or more or for a cumulative total of 250 workdays or more within a period of 24 consecutive calendar months and who reasonably cannot be expected to be able to resume performing his/her duties on a full-time basis shortly thereafter, his/her employment status may be terminated by the appropriate Deputy Chief Administrative Judge (Courts Within or Outside New York City) and his/her position may be filled by a permanent appointment. (5) This section shall not be construed to require the extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation. (6) (a) Absent exceptional circumstances, prior to being placed on leave pursuant to Section 9.3(j)(2) or Section 9.3(j)(3) or terminated pursuant to Section 9.3(j)(4), or, under exceptional circumstances, as soon thereafter as reasonably possible, an employee returning from service in the Armed Forces who is no longer physically or emotionally suited for their former work shall be transferred by the Company to any other work they can perform in accordance provided with the following procedure: B. The incapacitated employee will be placed in an open job if such a job existswritten notice thereof, assuming they are qualified to perform such work. C. If there are no open jobs, as noted above, and if there are no jobs held by probationary employees which the incapacitated employee is qualified to perform, then the seniority list will be checked from the employee with the least seniority rights upward until a job is found which the incapacitated employee is qualified to perform. It is understood that no employee will be displaced who has greater seniority rights than that including written notice of the incapacitated facts relied on therefor and written notice of the employee's right to appeal the determination and of the procedures for perfecting such appeal. Such notice shall be served in person or by first class, registered or certified mail, return receipt requested, upon the employee. The employee displaced will be assigned in accordance If such person elects to appeal, he/she shall file a written request for a hearing with the appropriate provision(sDeputy Chief Administrative Judge (Courts Within or Outside New York City) within ten workdays from service of this Article. D. Should a dispute arise under the provisions notice of this Section the parties will jointly select a third doctor determination to examine the employeebe reviewed. The purpose of this examination request for such hearing shall be to determine if the employee's disability is temporary or permanent, what the employee's work-related capabilities are, and the type of work filed by the employee can be expected to perform with their physical limitations. The decision of the third doctor selected under this paragraph will be binding on the partiespersonally or by first class, certified or registered mail, return receipt requested. E. The parties, by mutual agreement, may appoint a physician or an approved clinic or the staff of an approved hospital which will resolve medical disputes concerning the existence or nonexistence of either a total or partial disability which may arise in the application of this Section. If the parties are unable to agree on such appointment, the appointment will be made by the County Medical Association. The resulting decision will be binding upon the parties. The Union and Company will share equally any costs resulting from such appointments.