Common use of Independent Medical Examinations Clause in Contracts

Independent Medical Examinations. The Superintendent of Schools has a responsibility to students and staff to ensure that employees who are present at work are fit to perform the duties and responsibilities associated with their work assignment(s). The Superintendent of Schools, acting in his/her capacity as employer, has the discretion to request and/or require a medical opinion from a medical practitioner of his/her choosing or additional medical assessment by the employee’s doctor if there is a reasonable basis for questioning whether the employee is disabled from work, and/or determine whether the employee is fit to perform his/her duties, and/or determine whether the employee is fit to return to work after more than fifteen consecutive days of absence from work. The Superintendent can order employees to participate in a medical evaluation or an assessment of their physical, emotional or mental health if there is a documented basis for the reason(s) for the order, and this order is delineated in writing to the teacher and a copy is sent to the President of the Association. • Complaints of inappropriate verbal conduct or any conduct indicating an inability to exercise self- control and self-discipline; • An abrupt change in customary behavior resulting in an inability to perform essential functions of the position; • Irrational verbal conduct or behaviors, including delusions and/or hallucinations; • Suicidal statements or behaviors, or personal expressions of mental instability; • Unexplained and excessive tiredness or hyperactivity; • Diagnosis of a life-threatening eating disorder; • Inappropriate use of alcohol, medications or other drugs, including symptoms of illegal drug use; • Memory loss; • Impatience or impulsiveness, especially with a loss of temper; • Unexplained and/or excessive lateness or absenteeism, and; • Physical injury or illness that creates a reasonable concern that an employee is unable to safely perform the essential functions of his or her position. • The extent to which a period of rehabilitation has been satisfactorily completed; • The validity of the report of the employee’s personal medical practitioner, and; • The extent to which the employee’s medical practitioner has taken into consideration the demands of the workplace. If the results of the examination show that the employee qualifies for a reasonable accommodation, the employee will be afforded all of his/her rights in accordance with the Americans with Disabilities Act and General Laws 151B. In the event of a dispute regarding the interpretation and/or application of this Agreement, the grievant and the LEA may submit its claim(s) to arbitration but there will be no entitlement to arbitration if the matter is also pursued in other fora. ========================================================================================

Independent Medical Examinations. The Superintendent of Schools has a responsibility to students and staff to ensure that employees who are present at work are fit to perform the duties and responsibilities associated with their work assignment(s). The Superintendent of Schools, acting in his/her capacity as employer, has the discretion to request and/or require a medical opinion from a medical practitioner of his/her choosing or additional medical assessment by the employee’s doctor if there is a reasonable basis for questioning whether the employee is disabled from work, and/or determine whether the employee is fit to perform his/her duties, and/or determine whether the employee is fit to return to work after more than fifteen consecutive days of absence from work. The Superintendent can order employees to participate in a medical evaluation or an assessment of their physical, emotional or mental health if there is a documented basis for the reason(s) for the order, and this order is delineated in writing to the teacher and a copy is sent to the President of the Association. • Complaints of inappropriate verbal conduct or any conduct indicating an inability to exercise self- control and self-discipline; • An abrupt change in customary behavior resulting in an inability to perform essential functions of the position; • Irrational verbal conduct or behaviors, including delusions and/or hallucinations; • Suicidal statements or behaviors, or personal expressions of mental instability; • Unexplained and excessive tiredness or hyperactivity; • Diagnosis of a life-threatening eating disorder; • Inappropriate use of alcohol, medications or other drugs, including symptoms of illegal drug use; • Memory loss; • Impatience or impulsiveness, especially with a loss of temper; • Unexplained and/or excessive lateness or absenteeism, and; • Physical injury or illness that creates a reasonable concern that an employee is unable to safely perform the essential functions of his or her position. • The extent to which a period of rehabilitation has been satisfactorily completed; • The validity of the report of the employee’s personal medical practitioner, and; • The extent to which the employee’s medical practitioner has taken into consideration the demands of the workplace. If the results of the examination show that the employee qualifies for a reasonable accommodation, the employee will be afforded all of his/her rights in accordance with the Americans with Disabilities Act and General Laws 151B. In the event of a dispute regarding the interpretation and/or application of this Agreement, the grievant and the LEA may submit its claim(s) to arbitration but there will be no entitlement to arbitration if the matter is also pursued in other fora. ========================================================================================

Independent Medical Examinations. The Superintendent of Schools has a responsibility to students and staff to ensure that employees who are present at work are fit to perform the duties and responsibilities associated with their work assignment(s). The Superintendent of Schools, acting in his/her capacity as employer, has the discretion to request and/or require a medical opinion from a medical practitioner of his/her choosing or additional medical assessment by the employee’s doctor if there is a reasonable basis for questioning whether the employee is disabled from work, and/or determine whether the employee is fit to perform his/her duties, and/or determine whether the employee is fit to return to work after more than fifteen consecutive days of absence from work. The Superintendent can order employees to participate in a medical evaluation or an assessment of their physical, emotional or mental health if there is a documented basis for the reason(s) for the order, and this order is delineated in writing to the teacher employee and a copy is sent to the President of the Association. • A physician may request records and information medically necessary and appropriate, in the physician’s professional opinion, to inform an assessment of whether the employee is fit for work. Prior to undertaking the assessment, the physician will be informed in writing by the Superintendent that it is the School’s wish to respect the employee’s privacy by avoiding inquiries broader than those that are medically necessary and appropriate for this purpose. ● Complaints of inappropriate verbal conduct or any conduct indicating an inability to exercise self- self-control and self-discipline; • ● An abrupt change in customary behavior resulting in an inability to perform essential functions of the position; • ● Irrational verbal conduct or behaviors, including delusions and/or hallucinations; • ● Suicidal statements or behaviors, or personal expressions of mental instability; • ● Unexplained and excessive tiredness or hyperactivity; • ● Diagnosis of a life-threatening eating disorder; • ● Inappropriate use of alcohol, medications or other drugs, including symptoms of illegal drug use; • ● Memory loss; • ● Impatience or impulsiveness, especially with a loss of temper; • ● Unexplained and/or excessive lateness or absenteeism, and; • ● Physical injury or illness that creates a reasonable concern that an employee is unable to safely perform the essential functions of his or her position. • ● The extent to which a period of rehabilitation has been satisfactorily completed; • ● The validity of the report of the employee’s personal medical practitioner, and; • ● The extent to which the employee’s medical practitioner has taken into consideration the demands of the workplace. If the results of the examination show that the employee qualifies for a reasonable accommodation, the employee will be afforded all of his/her rights in accordance with the Americans with Disabilities Act and General Laws 151B. In the event of a dispute regarding the interpretation and/or application of this Agreement, the grievant and the LEA may submit its claim(s) to arbitration but there will be no entitlement to arbitration if the matter is also pursued in other fora. ========================================================================================.”

Independent Medical Examinations. The Superintendent of Schools has a responsibility to students and staff to ensure that employees who are present at work are fit to perform the duties and responsibilities associated with their work assignment(s). The Superintendent of Schools, acting in his/her capacity as employer, has the discretion to request and/or require a medical opinion from a medical practitioner of his/her choosing or additional medical assessment by the employee’s doctor if there is a reasonable basis for questioning whether the employee is disabled from work, and/or determine whether the employee is fit to perform his/her duties, and/or determine whether the employee is fit to return to work after more than fifteen consecutive days of absence from work. The Superintendent can order employees to participate in a medical evaluation or an assessment of their physical, emotional or mental health if there is a documented basis for the reason(s) for the order, and this order is delineated in writing to the teacher employee and a copy is sent to the President of the Association. A physician may request records and information medically necessary and appropriate, in the physician’s professional opinion, to inform an assessment of whether the employee is fit for work. Prior to undertaking the assessment, the physician will be informed in writing by the Superintendent that it is the School’s wish to respect the employee’s privacy by avoiding inquiries broader than those that are medically necessary and appropriate for this purpose. • Complaints of inappropriate verbal conduct or any conduct indicating an inability to exercise self- self-control and self-discipline; • An abrupt change in customary behavior resulting in an inability to perform essential functions of the position; • Irrational verbal conduct or behaviors, including delusions and/or hallucinations; • Suicidal statements or behaviors, or personal expressions of mental instability; • Unexplained and excessive tiredness or hyperactivity; • Diagnosis of a life-threatening eating disorder; • Inappropriate use of alcohol, medications or other drugs, including symptoms of illegal drug use; • Memory loss; • Impatience or impulsiveness, especially with a loss of temper; • Unexplained and/or excessive lateness or absenteeism, and; • Physical injury or illness that creates a reasonable concern that an employee is unable to safely perform the essential functions of his or her position. • The extent to which a period of rehabilitation has been satisfactorily completed; • The validity of the report of the employee’s personal medical practitioner, and; • The extent to which the employee’s medical practitioner has taken into consideration the demands of the workplace. If the results of the examination show that the employee qualifies for a reasonable accommodation, the employee will be afforded all of his/her rights in accordance with the Americans with Disabilities Act and General Laws 151B. In the event of a dispute regarding the interpretation and/or application of this Agreement, the grievant and the LEA may submit its claim(s) to arbitration but there will be no entitlement to arbitration if the matter is also pursued in other fora. ========================================================================================.”

Independent Medical Examinations. The Superintendent of Schools has a responsibility to students and staff to ensure that employees who are present at work are fit to perform the duties and responsibilities associated with their work assignment(s). The Superintendent of Schools, acting in his/her capacity as employer, has the discretion to request and/or require a medical opinion from a medical practitioner of his/her choosing or additional medical assessment by the employee’s doctor if there is a reasonable basis for questioning whether the employee is disabled from work, and/or determine whether the employee is fit to perform his/her duties, and/or determine whether the employee is fit to return to work after more than fifteen consecutive days of absence from work. The Superintendent can order employees to participate in a medical evaluation or an assessment of their physical, emotional or mental health if there is a documented basis for the reason(s) for the order, and this order is delineated in writing to the teacher individual employee and a copy is sent to the President of the Association. • A physician may request records and information medically necessary and appropriate, in the physician’s professional opinion, to inform an assessment of whether the employee is fit for work. Prior to undertaking the assessment, the physician will be informed in writing by the Superintendent that it is the School’s wish to respect the employee’s privacy by avoiding inquiries broader than those that are medically necessary and appropriate for this purpose. ▪ Complaints of inappropriate verbal conduct or any conduct indicating an inability to exercise self- self-control and self-discipline; • ▪ An abrupt change in customary behavior resulting in an inability to perform essential functions of the position; • ▪ Irrational verbal conduct or behaviors, including delusions and/or hallucinations; • ▪ Suicidal statements or behaviors, or personal expressions of mental instability; • ▪ Unexplained and excessive tiredness or hyperactivity; • ▪ Diagnosis of a life-threatening eating disorder; • ▪ Inappropriate use of alcohol, medications or other drugs, including symptoms of illegal drug use; • ▪ Memory loss; • ▪ Impatience or impulsiveness, especially with a loss of temper; • ▪ Unexplained and/or excessive lateness or absenteeism, and; • ▪ Physical injury or illness that creates a reasonable concern that an employee is unable to safely perform the essential functions of his or her position. • ▪ The extent to which a period of rehabilitation has been satisfactorily completed; • ▪ The validity of the report of the employee’s personal medical practitioner, and; • ▪ The extent to which the employee’s medical practitioner has taken into consideration the demands of the workplace. If the results of the examination show that the employee qualifies for a reasonable accommodation, the employee will be afforded all of his/her rights in accordance with the Americans with Disabilities Act and General Laws 151B. In the event of a dispute regarding the interpretation and/or application of this Agreement, the grievant and the LEA may submit its claim(s) to arbitration but there will be no entitlement to arbitration if the matter is also pursued in other fora. ========================================================================================.”

Independent Medical Examinations. The Superintendent of Schools has a responsibility to students and staff to ensure that employees who are present at work are fit to perform the duties and responsibilities associated with their work assignment(s). The Superintendent of Schools, acting in his/her capacity as employer, has the discretion to request and/or require a medical opinion from a medical practitioner of his/her choosing or additional medical assessment by the employee’s doctor if there is a reasonable basis for questioning whether the employee is disabled from work, and/or determine whether the employee is fit to perform his/her duties, and/or determine whether the employee is fit to return to work after more than fifteen consecutive days of absence from work. The Superintendent can order employees to participate in a medical evaluation or an assessment of their physical, emotional or mental health if there is a documented basis for the reason(s) for the order, and this order is delineated in writing to the teacher individual employee and a copy is sent to the President of the Association. • A physician may request records and information medically necessary and appropriate, in the physician’s professional opinion, to inform an assessment of whether the employee is fit for work. Prior to undertaking the assessment, the physician will be informed in writing by the Superintendent that it is the School’s wish to respect the employee’s privacy by avoiding inquiries broader than those that are medically necessary and appropriate for this purpose. The basis for such an order may be based on a pattern of one or more of the following indicators:  Complaints of inappropriate verbal conduct or any conduct indicating an inability to exercise self- self-control and self-discipline; •  An abrupt change in customary behavior resulting in an inability to perform essential functions of the position; •  Irrational verbal conduct or behaviors, including delusions and/or hallucinations; •  Suicidal statements or behaviors, or personal expressions of mental instability; •  Unexplained and excessive tiredness or hyperactivity; •  Diagnosis of a life-threatening eating disorder; •  Inappropriate use of alcohol, medications or other drugs, including symptoms of illegal drug use; •  Memory loss; •  Impatience or impulsiveness, especially with a loss of temper; •  Unexplained and/or excessive lateness or absenteeism, and; •  Physical injury or illness that creates a reasonable concern that an employee is unable to safely perform the essential functions of his or her position. • When making this determination, the Superintendent also has the discretion to consider:  The extent to which a period of rehabilitation has been satisfactorily completed; •  The validity of the report of the employee’s personal medical practitioner, and; •  The extent to which the employee’s medical practitioner has taken into consideration the demands of the workplace. If the results of the examination show that the employee qualifies for a reasonable accommodation, the employee will be afforded all of his/her rights in accordance with the Americans with Disabilities Act and General Laws 151B. In the event of a dispute regarding the interpretation and/or application of this Agreement, the grievant and the LEA may submit its claim(s) to arbitration but there will be no entitlement to arbitration if the matter is also pursued in other fora. ========================================================================================.