Leave Validation. Each leave, as set out in provision I., Available Leave, above, is subject to the prerequisite validation as follows: A. Both I. A. & B., Available Leave, leaves must be validated, at the university’s request, as to the enabling facts of the leave. For example, it must be established by the applicant for leave hereunder that he/she is the parent, within the express meaning of that term as hereinafter defined. B. Leave, under I. C., & I. F, Available Leave,. above, must be validated by a written certification from a qualified, licensed, health care provider, that the employee is needed and able to provide care directly related to and on account of an acutely or chronically debilitating health condition requiring hospitalization and/or continuing licensed health provider intervention and treatment. The certification must also specify the debilitating condition and the prognosis for abatement or recovery with medical opinion as to time anticipated for abatement or recovery. Finally, upon request by the university, the employee must validate, through reasonable means, the enabling family relationship. C. Leave, under I. D., Available Leave, above, must be validated by a written certification of expert opinion by a qualified, licensed health care provider, describing the work debilitating illness or other work debilitating health related condition and its disabling onset, affect and anticipated duration. When an employee seeks to take leave under I.D and may be eligible for leave rights under the federal Family and Medical Leave Act (FMLA), NJIT may include a statement of the essential functions of the employee’s job with its request for medical certification. The medical certification may be deemed insufficient if the health care provider does not identify which essential functions the employee is unable to perform. D. Under leave enabling provisions I. C., D, and F., Available Leave, above, when the university reasonably believes a submitted certification is suspect, in significant degree, it may require a second opinion from a licensed health care provider who is qualified in the field of the contended disability/illness. An opinion concurring with the employee's submitted validation shall result in leave validation. An opinion dissenting from a suspect/faulty validation shall result in referral, as set out hereunder, to a third, independent health care provider, qualified in the field of the contended disability/illness, for final, binding opinion either validating or invalidating the leave. 1. Referral for a third, binding health care professional's opinion shall be by agreement of the employee selected health care provider and the university selected health care provider. Failing agreement, referral shall be by agreement of the employee and the university. Failing secondary agreement, referral shall be made by the university. 2. Both second and third health care provider's opinions shall be arranged and paid for by the university. 3. Failure by an employee to provide a certification which, on its face, purports to meet the primary validation requirements set out above, shall result in denial of leave and its benefits, and not a second or third opinion, as the original certification is the sole responsibility of the employee as prerequisite to either any leave entitlement or a second or third opinion by a licensed health care provider. E. Whenever an employee seeks to take a leave and may be eligible for FMLA leave rights, NJIT may designate a representative (such as a Department of Human Resources employee, Office of the General Counsel employee, or a health care provider), who is not the employee’s direct supervisor, to contact the health care provider who provided any submitted medical certification supporting the employee’s application for leave, for the purposes of authenticating and/or clarifying the medical certification. The employee must provide a HIPAA-compliant release to NJIT allowing such communication with the health care provider. NJIT may deny FMLA leave if the employee fails to provide such a release or if a medical certification is not otherwise authenticated and/or clarified.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Leave Validation. Each leave, as set out in provision I.A., Available Leave, above, is subject to the prerequisite validation as follows:
A. 1. Both I. A. & B.A.1. and 2., Available Leave, leaves must be validated, at the universityNJIT’s request, as to the enabling facts of the leave. For example, it must be established by the applicant for leave hereunder that he/she is the parent, within the express meaning of that term as hereinafter defined.
B. 2. Leave, under I. C.A.3., & I. FA5 and A6, Available Leave,. , above, must be validated by a written certification from a qualified, licensed, health care provider, that the employee Lieutenant is needed and able to provide care directly related to and on account of an acutely or chronically debilitating health condition requiring hospitalization and/or continuing licensed health provider intervention and treatment. The certification must also specify the debilitating condition and the prognosis for abatement or recovery with medical opinion as to time anticipated for abatement or recovery. Finally, upon request by the universityNJIT, the employee Lieutenant must validate, through reasonable means, the enabling family relationship.
C. 3. Leave, under I. D.A.4., Available Leave, above, must be validated by a written certification of expert opinion by a qualified, licensed health care provider, describing the work debilitating illness or other work debilitating health related condition and its disabling onset, affect and anticipated duration. When an employee a Lieutenant seeks to take leave under I.D A.4 and may be eligible for leave rights under the federal Family and Medical Leave Act (FMLA), NJIT may include a statement of the essential functions of the employeeLieutenant’s job with its request for medical certification. The medical certification may be deemed insufficient if the health care provider does not identify which essential functions the employee lieutenant is unable to perform.
D. 4. Under leave enabling provisions I. C.provisions, D, A.3. 4. A5 and F.A6, Available Leave, above, when the university NJIT reasonably believes a submitted certification is suspect, in significant degree, it may require a second opinion from a licensed health care provider who is qualified in the field of the contended disability/disability illness. An opinion concurring with the employee's Lieutenant’s submitted validation shall result in leave validation. An opinion dissenting from a suspect/faulty validation shall result in referral, as set out hereunder, to a third, independent health care provider, qualified in the field of the contended disability/illness, for final, binding opinion either validating or invalidating the leave.
1. (a) Referral for a third, binding health care professional's ’s opinion shall be by agreement of the employee Lieutenant selected health care provider and the university NJIT selected health care provider. Failing agreement, referral shall be by agreement of the employee Lieutenant and the universityNJIT. Failing secondary agreement, referral shall be made by the universityNJIT.
2. (b) Both second and third health care provider's ’s opinions shall be arranged and paid for by the universityNJIT.
3. (c) Failure by an employee a Lieutenant to provide a certification which, on its face, purports to meet the primary validation requirements set out above, shall result in denial of leave and its benefits, and not a second or third opinion, as the original certification is the sole responsibility of the employee Lieutenant as prerequisite to either any leave entitlement or a second or third opinion by a licensed health care provider.
E. Whenever an employee 5. When a Lieutenant seeks to take a leave and may be eligible for FMLA leave rights, NJIT may designate a representative (such as a Department of Human Resources employee, Office of the General Counsel employee, or a health care provider), who is not the employeeLieutenant’s direct supervisor, to contact the health care provider who provided any submitted medical certification supporting the employeeLieutenant’s application for leave, for the purposes of authenticating and/or clarifying the medical certification. The employee Lieutenant must provide a HIPAA-compliant release to NJIT allowing such communication with the health care provider. NJIT may deny FMLA leave if the employee Lieutenant fails to provide such a release or if a medical certification is not otherwise authenticated and/or clarified.
6. While a Lieutenant is on Family Leave, pursuant to provisions A.3, A. 4. A.5 or A6, Available Leave, above, NJIT may request and is then entitled to periodic formal updates or re-certifications as appropriate to the original certification parameters. NJIT imposed requirement for update or re-certification hereunder shall not be unreasonably applied, and NJIT will consider, in good faith, the necessity and frequency of update or revalidation unique to each individual leave based upon the nature and parameters of the original certification and any factual change in individual circumstance.
7. Prior to a Lieutenant’s return to NJIT from leave provided pursuant to provision A.4., Available Leave, above, NJIT may request and receive health care provided certification that the Lieutenant on leave is no longer work disabled from the originally certified health condition and can return to the workplace as sufficiently recovered to perform the regular, necessary functions of the job. NJIT may include a statement of the essential functions of the Lieutenant’s job with its request for medical certification. NJIT will cooperate fully with the health care provider in making this assessment by providing, if necessary, a position description and/or thorough discussion of the dimensions of the position not easily gleaned from such position description. Where a Lieutenant is on intermittent FMLA leave, NJIT may, where reasonable job safety concerns exist, request and receive health care provided certification, that the Lieutenant is able to perform the essential functions of his job. NJIT may only request such health care provided certification up once every thirty (30) days.
8. All medical records provided in accordance with policy and consistent with law shall remain confidential with NJIT and within NJIT, shall remain disclosable only to the Department of Human Resources or those officers of NJIT with a need to know the certified rationale, including by way of illustration, the President, Senior Vice President for Administration and Treasurer, and General Counsel. The Lieutenant may choose to disclose the health condition diagnosis to his/her immediate supervisor or others in which case the legal confidentiality of the information is waived with respect to such agents to which such information is disclosed or to which disclosure is reasonably to be anticipated by the Lieutenant’s disclosure.
9. For Reduced Time Leave or Intermittent Leave taken under provisions A.3, A.4, and A5 above, employees must notify in writing, with copies to the appropriate supervisor and the Department of Human Resources, time taken (hours, days, weeks) for authorized Family Leave. Notice can be summarized in one document for each pay period, as appropriate.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leave Validation. Each leave, as set out in provision I.A., Available Leave, above, is subject to the prerequisite validation as follows:
A. 1. Both I. A. & B.A.1. and 2., Available Leave, leaves must be validated, at the universityNJIT’s request, as to the enabling facts of the leave. For example, it must be established by the applicant for leave hereunder that he/she is the parent, within the express meaning of that term as hereinafter defined.
B. 2. Leave, under I. C., & I. FA.3., Available Leave,. , above, must be validated by a written certification from a qualified, licensed, health care provider, that the employee Lieutenant is needed and able to provide care directly related to and on account of an acutely or chronically debilitating health condition requiring hospitalization and/or continuing licensed health provider intervention and treatment. The certification must also specify the debilitating condition and the prognosis for abatement or recovery with medical opinion as to time anticipated for abatement or recovery. Finally, upon request by the universityNJIT, the employee Lieutenant must validate, through reasonable means, the enabling family relationship.
C. 3. Leave, under I. D.A.4., Available Leave, above, must be validated by a written certification of expert opinion by a qualified, licensed health care provider, describing the work debilitating illness or other work debilitating health related condition and its disabling onset, affect and anticipated duration. When an employee seeks to take leave under I.D and may be eligible for leave rights under the federal Family and Medical Leave Act (FMLA), NJIT may include a statement of the essential functions of the employee’s job with its request for medical certification. The medical certification may be deemed insufficient if the health care provider does not identify which essential functions the employee is unable to perform.
D. 4. Under leave enabling provisions I. C.provisions, D, A.3. and F.4., Available Leave, above, when the university NJIT reasonably believes a submitted certification is suspect, in significant degree, it may require a second opinion from a licensed health care provider who is qualified in the field of the contended disability/disability illness. An opinion concurring with the employee's Lieutenant’s submitted validation shall result in leave validation. An opinion dissenting from a suspect/faulty validation shall result in referral, as set out hereunder, to a third, independent health care provider, qualified in the field of the contended disability/illness, for final, binding opinion either validating or invalidating the leave.
1. (a) Referral for a third, binding health care professional's ’s opinion shall be by agreement of the employee Lieutenant selected health care provider and the university NJIT selected health care provider. Failing agreement, referral shall be by agreement of the employee Lieutenant and the universityNJIT. Failing secondary agreement, referral shall be made by the universityNJIT.
2. (b) Both second and third health care provider's ’s opinions shall be arranged and paid for by the universityNJIT.
3. (c) Failure by an employee a Lieutenant to provide a certification which, on its face, purports to meet the primary validation requirements set out above, shall result in denial of leave and its benefits, and not a second or third opinion, as the original certification is the sole responsibility of the employee Lieutenant as prerequisite to either any leave entitlement or a second or third opinion by a licensed health care provider.
E. Whenever an employee seeks 5. While a Lieutenant is on Family Leave, pursuant to take a leave and may be eligible for FMLA leave rightsprovisions A.3. or 4., Available Leave, above, NJIT may designate request and is then entitled to periodic formal updates or re- certifications as appropriate to the original certification parameters. NJIT imposed requirement for update or re-certification hereunder shall not be unreasonably applied, and NJIT will consider, in good faith, the necessity and frequency of update or revalidation unique to each individual leave based upon the nature and parameters of the original certification and any factual change in individual circumstance.
6. Prior to a representative (Lieutenant’s return to NJIT from leave provided pursuant to provision A.4., Available Leave, above, NJIT may request and receive health care provided certification that the Lieutenant on leave is no longer work disabled from the originally certified health condition and can return to the workplace as sufficiently recovered to perform the regular, necessary functions of the job. NJIT will cooperate fully with the health care provider in making this assessment by providing, if necessary, a position description and/or thorough discussion of the dimensions of the position not easily gleaned from such as a position description.
7. All medical records provided in accordance with policy and consistent with law shall remain confidential with NJIT and within NJIT, shall remain disclosable only to the Department of Human Resources employeeor those officers of NJIT with a need to know the certified rationale, Office including by way of illustration, the President, Senior Vice President for Administration and Treasurer, and General Counsel. The Lieutenant may choose to disclose the health condition diagnosis to his/her immediate supervisor or others in which case the legal confidentiality of the General Counsel employeeinformation is waived with respect to such agents to which such information is disclosed or to which disclosure is reasonably to be anticipated by the Lieutenant’s disclosure.
8. For Reduced Time Leave or Intermittent Leave taken under provisions A.3 and 4 above, or a health care provider)employees must notify in writing, who is not with copies to the employee’s direct supervisorappropriate supervisor and the Department of Human Resources, to contact the health care provider who provided any submitted medical certification supporting the employee’s application time taken (hours, days, weeks) for leaveauthorized Family Leave. Notice can be summarized in one document for each pay period, for the purposes of authenticating and/or clarifying the medical certification. The employee must provide a HIPAA-compliant release to NJIT allowing such communication with the health care provider. NJIT may deny FMLA leave if the employee fails to provide such a release or if a medical certification is not otherwise authenticated and/or clarifiedas appropriate.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leave Validation. Each leave, as set out in provision I., Available Leave, A. above, is subject to the prerequisite validation as follows:
A. 1. Both I. A. A.1. & B., Available Leave, 2. leaves must be validated, at the universityEmployer’s request, as to the enabling facts of the leave. For example, it must be established by the applicant for leave hereunder that he/she is the parent, within the express meaning of that term as hereinafter defined.
B. 2. Leave, under I. C., & I. F, Available Leave,A.3. above, must be validated by a written certification from a qualified, licensed, health care provider, provider that the employee is needed and able to provide care directly related to and on account of an acutely or chronically debilitating health condition requiring hospitalization and/or continuing licensed health provider intervention and treatment. The certification must also specify the debilitating condition and the prognosis for abatement or recovery with medical opinion as to time anticipated for abatement or recovery. Finally, upon request by the universityEmployer, the employee must validate, through reasonable means, the enabling family relationship.
C. 3. Leave, under I. D., Available Leave, A.4. above, must be validated by a written certification of expert opinion by a qualified, licensed health care provider, describing the work debilitating illness or other work debilitating health related condition and its disabling onset, affect and anticipated duration. When an employee seeks to take leave under I.D and may be eligible for leave rights under the federal Family and Medical Leave Act (FMLA), NJIT may include a statement of the essential functions of the employee’s job with its request for medical certification. The medical certification may be deemed insufficient if the health care provider does not identify which essential functions the employee is unable to perform.
D. 4. Under leave enabling provisions I. C., D, A.3. and F., Available Leave, 4. above, when the university Employer reasonably believes a submitted certification is suspect, in significant degree, it may require a second opinion from a licensed health care provider who is qualified in the field of the contended disability/illness. An opinion concurring with the employee's ’s submitted validation shall result in leave validation. An opinion dissenting from a suspect/faulty validation shall result in referral, as set out hereunder, to a third, independent health care provider, qualified in the field of the contended disability/illness, for final, binding opinion either validating or invalidating the leave.
1. a. Referral for a third, binding health care professional's ’s opinion shall be by agreement of the employee selected health care provider and the university Employer selected health care provider. Failing agreement, referral shall be by agreement of the employee and the universityEmployer. Failing secondary agreement, referral shall be made by the universityEmployer.
2. b. Both second and third health care provider's ’s opinions shall be arranged and paid for by the universityEmployer.
3. c. Failure by an employee to provide a certification which, on its face, purports to meet the primary validation requirements set out above, shall result in denial of leave and its benefits, and not a second or third opinion, as the original certification is the sole responsibility of the employee as prerequisite to either any leave entitlement or a second or third opinion by a licensed health care provider.
E. Whenever 5. While an employee seeks is on Family Leave, pursuant to take provisions A.3. or 4. above, the Employer may request and is then entitled to periodic formal updates or recertifications as appropriate to the original certification parameters. The Employer imposed requirement for update or recertification hereunder shall not be unreasonably applied, and the Employer will consider, in good faith, the necessity and frequency of update or revalidation unique to each individual leave based upon the nature and parameters of the original certification and any factual change in individual circumstance.
6. Prior to an employee’s return to the university from leave provided pursuant to provision A.4. above, the Employer may request and receive health care provided certification that the employee on leave is no longer work disabled from the originally certified health condition and can return to the workplace as sufficiently recovered to perform the regular, necessary functions of the job. The Employer will cooperate fully with the health care provider in making this assessment by providing, if necessary, a leave position description and/or through discussion of the dimensions of the position not easily gleaned from such position description.
7. All medical records provided in accordance with policy and may be eligible for FMLA leave rightsconsistent with law shall remain confidential with the Employer and within the university, NJIT may designate a representative (such as a shall remain disclosable only to the Department of Human Resources employee, Office or those officers of the university with a need to know the certified rationale, including by way of illustration, the President, Senior Vice President for Administration and Treasurer, and the General Counsel employeeCounsel. The employee may choose to disclose the health condition diagnosis to his/her immediate supervisor or others, in which case the legal confidentiality of the information is waived with respect to such agents to whom such information is disclosed or a health care provider), who to which disclosure is not reasonably to be anticipated by the employee’s direct supervisordisclosure.
8. For Reduced Time Leave or Intermittent Leave taken under provisions A.3 and A.4, above, employees must notify in writing, with copies to contact the health care provider who provided any submitted medical certification supporting appropriate supervisor and the employee’s application Department of Human Resources, time taken (hours, days, weeks) for leaveauthorized Family Leave. Notice can be summarized in one document for each pay period, for the purposes of authenticating and/or clarifying the medical certification. The employee must provide a HIPAA-compliant release to NJIT allowing such communication with the health care provider. NJIT may deny FMLA leave if the employee fails to provide such a release or if a medical certification is not otherwise authenticated and/or clarifiedas appropriate.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leave Validation. Each leave, as set out in provision I., Available Leave, above, is subject to the prerequisite validation as follows:
A. Both I. A. & B., Available Leave, leaves must be validated, at the university’s request, as to the enabling facts of the leave. For example, it must be established by the applicant for leave hereunder that he/she is the parent, within the express meaning of that term as hereinafter defined.
B. Leave, under I. C., & I. F, Available Leave,. above, must be validated by a written certification from a qualified, licensed, health care provider, that the employee is needed and able to provide care directly related to and on account of an acutely or chronically debilitating health condition requiring hospitalization and/or continuing licensed health provider intervention and treatment. The certification must also specify the debilitating condition and the prognosis for abatement or recovery with medical opinion as to time anticipated for abatement or recovery. Finally, upon request by the university, the employee must validate, through reasonable means, the enabling family relationship.
C. Leave, under I. D., Available Leave, above, must be validated by a written certification of expert opinion by a qualified, licensed health care provider, describing the work debilitating illness or other work debilitating health related condition and its disabling onset, affect and anticipated duration. When an employee seeks to take leave under I.D and may be eligible for leave rights under the federal Family and Medical Leave Act (FMLA), NJIT may include a statement of the essential functions of the employee’s job with its request for medical certification. The medical certification may be deemed insufficient if the health care provider does not identify which essential functions the employee is unable to perform.
D. Under leave enabling provisions I. C., D, and F., Available Leave, above, when the university reasonably believes a submitted certification is suspect, in significant degree, it may require a second opinion from a licensed health care provider who is qualified in the field of the contended disability/illness. An opinion concurring with the employee's submitted validation shall result in leave validation. An opinion dissenting from a suspect/faulty validation shall result in referral, as set out hereunder, to a third, independent health care provider, qualified in the field of the contended disability/illness, for final, binding opinion either validating or invalidating the leave.
1. Referral for a third, binding health care professional's opinion shall be by agreement of the employee selected health care provider and the university selected health care provider. Failing agreement, referral shall be by agreement of the employee and the university. Failing secondary agreement, referral shall be made by the university.
2. Both second and third health care provider's opinions shall be arranged and paid for by the university.
3. Failure by an employee to provide a certification which, on its face, purports to meet the primary validation requirements set out above, shall result in denial of leave and its benefits, and not a second or third opinion, as the original certification is the sole responsibility of the employee as prerequisite to either any leave entitlement or a second or third opinion by a licensed health care provider.
E. Whenever an employee seeks to take a leave and may be eligible for FMLA leave rights, NJIT may designate a representative (such as a Department of Human Resources employee, Office of the General Counsel employee, or a health care provider), who is not the employee’s direct supervisor, to contact the health care provider who provided any submitted medical certification supporting the employee’s application for leave, for the purposes of authenticating and/or clarifying the medical certification. The employee must provide a HIPAA-compliant release to NJIT allowing such communication with the health care provider. NJIT may deny FMLA leave if the employee fails to provide such a release or if a medical certification is not otherwise authenticated and/or clarified.
F. While an employee is on Family Leave, pursuant to provisions I. C., D, or F., Available Leave, above, the university may request and is then entitled to periodic formal updates or re-certifications as appropriate to the original certification parameters. The university imposed requirement for update or re-certification hereunder shall not be unreasonably applied, and the university will consider, in good faith, the necessity and frequency of update or revalidation unique to each individual leave based upon the nature and parameters of the original certification and any factual change in individual circumstance.
X. Xxxxx to an employee's return to the university from leave provided pursuant to provision I. D., Available Leave, above, the university may request and receive health care provided certification that the employee on leave is no longer work disabled from the originally certified health condition and can return to the workplace as sufficiently recovered to perform the regular, necessary functions of the job. NJIT may include a statement of the essential functions of the employee’s job with its request for medical certification. The university will cooperate fully with the health care provider in making this assessment by providing, if necessary, a position description and/or thorough discussion of the dimensions of the position not easily gleaned from such position description. Where an employee is on intermittent FMLA leave, NJIT may, where reasonable job safety concerns exist, request and receive health care provided certification, that the employee is able to perform the essential functions of his job. NJIT may only request such health care provided certification up to once every thirty (30) days.
H. All medical records provided in accordance with policy and consistent with law shall remain confidential with the university and within the university, shall remain disclosable only to the Department of Human Resources or those officers and/or employees of the university with a need to know the certified rationale, including by way of illustration, the President, the Vice President for Human Resources and the General Counsel. The employee may choose to disclose the health condition diagnosis to his/her immediate supervisor or others in which case the legal confidentiality of the information is waived with respect to such agents to which such information is disclosed or to which disclosure is reasonably to be anticipated by the employee's disclosure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leave Validation. Each leave, as set out in provision I., Available Leave, I. above, is subject to the prerequisite validation as follows:
A. Both provision I. A. & B., Available Leave, and B. leaves must be validated, at the universityUniversity’s request, as to the enabling facts of the leave. For example, it must be established by the applicant for leave hereunder that he/she is the parent, within the express meaning of that term as hereinafter defined.
B. Leave, under provision I. C., & I. F, Available Leave,. C. and I.F. above, must be validated by a written certification from a qualified, licensed, health care provider, that the employee MBU is needed and able to provide care directly related to and on account of an acutely or chronically debilitating health condition requiring hospitalization and/or continuing licensed health provider intervention and treatment. The certification must also specify the debilitating condition and the prognosis for abatement or recovery with medical opinion as to time anticipated for abatement or recovery. The Association President shall be notified, by the University, concurrent to the MBU’s notice of need for written certification. Finally, upon request by the universityUniversity, the employee MBU must validate, through reasonable means, the enabling family relationship. The Association President shall be copied on all certification requests by the University of an MBU. Nothing herein relieves an MBU of the responsibility to provide certification(s) in accordance with this policy.
C. Leave, under provision I. D., Available Leave, D. above, must be validated by a written certification of expert opinion by a qualified, licensed licensed, health care provider, describing describing, with reasonable specificity, the work debilitating illness or other work debilitating health related condition and as well as its disabling onset, affect and anticipated duration. When an employee seeks to take leave under I.D and may be eligible for leave rights under the federal Family and Medical Leave Act (FMLA), NJIT may include a statement of the essential functions of the employee’s job with its request for medical certification. The medical certification may be deemed insufficient if the health care provider does not identify which essential functions the employee is unable to perform.
D. Leave, under provision I.E. above, must be supported by a certification issued at such time and in such manner as the Secretary of Labor may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the University.
E. Leave under any and all enabling provisions set out above, must be requested and validated as set out herein for thirteen (13) consecutive weeks to enable the additional week leave in alternate years.
F. Under leave enabling provisions I. C., D, C. and F., Available Leave, D. above, when the university University reasonably believes a submitted certification is suspect, in significant degree, it may require a second opinion from a licensed health care provider who is qualified in the field of the contended disability/illness. An opinion concurring with the employee's MBU’s submitted validation shall result in leave validation. An opinion dissenting from a suspect/faulty the MBU’s submitted validation shall result in referral, as set out hereunder, to a third, independent health care healthcare provider, qualified in the field of the contended disability/illness, for final, binding opinion either validating or invalidating the leave.
1. Referral for a third, binding health care professional's ’s opinion shall be by agreement of the employee MBU-selected health care provider and the university University-selected health care provider. Failing agreement, referral shall be by agreement of the employee MBU and the universityUniversity. Failing secondary agreement, referral shall be made by the universityUniversity.
2. Both second and third health care provider's ’s opinions shall be arranged and paid for by the universityUniversity.
3. Failure by The University will provide employees who submit incomplete or insufficient certifications with seven (7) calendar days to cure the deficiencies. The University will identify, in writing, the specific information needed to make the certification complete and sufficient. The University may deny Family Leave to employees who fail to cure.
a. In the event of incapacitation of the MBU for the period allowed for cure of an employee insufficient certification, the time will be extended for a reasonable period of time under the prevailing circumstances but not to provide a certification whichexceed an additional fourteen (14) days.
G. While an MBU is on Family Leave, on its facepursuant to provisions I.C., purports to meet the primary validation requirements set out D., or F. above, shall result in denial of leave the University may request and its benefits, and not a second is then entitled to periodic formal updates or third opinion, re- certifications as appropriate to the original certification is parameters. The University- imposed requirement for update or recertification hereunder shall not be unreasonably applied, and the sole responsibility University will consider, in good faith, the necessity and frequency of the employee as prerequisite update or revalidation, unique to either each individual leave, based upon the nature and parameters of the original certification and any factual change in individual circumstance.
X. Xxxxx to an MBU’s return to the University from leave entitlement or a second or third opinion by a licensed provided pursuant to provision I. D. above, the University may request and receive health care providerprovided certification that the MBU on leave is no longer work disabled from the originally certified health condition and can return to the workplace as sufficiently recovered, to perform the regular, necessary functions of the job. The University will cooperate fully with the health care provider in making this assessment by providing, if necessary, a position description and/or thorough discussion of the dimensions of the position not easily gleaned from such position description.
E. Whenever an employee seeks I. All medical records provided in accordance with policy and consistent with law shall remain confidential with the University, and within the University, shall remain disclosable only to take a leave and may be eligible for FMLA leave rights, NJIT may designate a representative (such as a the Department of Human Resources employeeor those officers of the University with a need to know the certified rationale, including by way of illustration, the President, Chief Human Resources Officer, Executive Vice President for Finance & Administration, and members of the Office of the General Counsel employee, or a health care providertheir express designee(s), who is not the employee’s direct supervisor, . The MBU may choose to contact disclose the health care provider who provided any submitted medical certification supporting condition diagnosis to his/her immediate supervisor or others, in which case the employeelegal confidentiality of the information is waived with respect to such agents to which such information is disclosed or to which disclosure is reasonably to be anticipated by the MBU’s application for leave, for the purposes of authenticating and/or clarifying the medical certification. The employee must provide a HIPAA-compliant release to NJIT allowing such communication with the health care provider. NJIT may deny FMLA leave if the employee fails to provide such a release or if a medical certification is not otherwise authenticated and/or clarifieddisclosure.
Appears in 1 contract
Samples: Professional Services
Leave Validation. Each leave, as set out in provision I., Available Leave, A. above, is subject to the prerequisite validation as follows:
A. 1. Both I. A. A.1. & B., Available Leave, 2. leaves must be validated, at the universityEmployer’s request, as to the enabling facts of the leave. For example, it must be established by the applicant for leave hereunder that he/she he is the parent, within the express meaning of that term as hereinafter defined.
B. 2. Leave, under I. C., & I. F, Available Leave,A.3. above, must be validated by a written certification from a qualified, licensed, health care provider, that the employee is needed and able to provide care directly related to and on account of an acutely or chronically debilitating health condition requiring hospitalization and/or continuing licensed health provider intervention and treatment. The certification must also specify the debilitating condition and the prognosis for abatement or recovery with medical opinion as to time anticipated for abatement or recovery. Finally, upon request by the universityEmployer, the employee must validate, through reasonable means, the enabling family relationship.
C. 3. Leave, under I. D., Available Leave, A.4. above, must be validated by a written certification of expert opinion by a qualified, licensed health care provider, describing the work debilitating illness or other work debilitating health related condition and its disabling onset, affect and anticipated duration. When an employee seeks to take leave under I.D and may be eligible for leave rights under the federal Family and Medical Leave Act (FMLA), NJIT may include a statement of the essential functions of the employee’s job with its request for medical certification. The medical certification may be deemed insufficient if the health care provider does not identify which essential functions the employee is unable to perform.
D. 4. Under leave enabling provisions I. C., D, A.3. and F., Available Leave, 4. above, when the university Employer reasonably believes a submitted certification is suspect, in significant degree, it may require a second opinion from a licensed health care provider who is qualified in the field of the contended disability/illness. An opinion concurring with the employee's ’s submitted validation shall result in leave validation. An opinion dissenting from a suspect/faulty faculty validation shall result in referral, as set out hereunder, to a third, independent health care provider, qualified in the field of the contended disability/illness, for final, binding opinion either validating or invalidating the leave.
1. a. Referral for a third, binding health care professional's ’s opinion shall be by agreement of the employee selected health care provider and the university Employer selected health care provider. Failing agreement, referral shall be by agreement of the employee and the universityEmployer. Failing secondary agreement, referral shall be made by the universityEmployer.
2. b. Both second and third health care provider's ’s opinions shall be arranged and paid for by the universityEmployer.
3. c. Failure by an employee to provide a certification which, on its face, purports to meet the primary validation requirements set out above, shall result in denial of leave and its benefits, and not a second or third opinion, as the original certification is the sole responsibility of the employee as prerequisite to either any leave entitlement or a second or third opinion by a licensed health care provider.
E. Whenever 5. While an employee seeks is on Family Leave, pursuant to take provisions A.3. or 4. above, the Employer may request and is then entitled to periodic formal updates or recertifications as appropriate to the original certification parameters. The Employer imposed requirement for update or recertification hereunder shall not be unreasonably applied, and the Employer will consider, in good faith, the necessity and frequency of update or revalidation unique to each individual leave based upon the nature and parameters of the original certification and any factual change in individual circumstance.
6. Prior to an employee’s return to the university from leave provided pursuant to provision A.4. above, the Employer may request and receive health care provided certification that the employee on leave is no longer work disabled from the originally certified health condition and can return to the workplace as sufficiently recovered to perform the regular, necessary functions of the job. The Employer will cooperate fully with the health care provider in making this assessment by providing, if necessary, a leave position description and/or through discussion of the dimensions of the position not easily gleaned from such position description.
7. All medical records provided in accordance with policy and may be eligible for FMLA leave rightsconsistent with law shall remain confidential with the Employer and within the university, NJIT may designate a representative (such as a shall remain disclosable only to the Department of Human Resources employeeor those officers of the university with a need to know the certified rationale, Office including by way of illustration, the President, Senior Vice President for Administration and Treasurer, the General Counsel employeeand the Executive Director of the Office of Legal and Employment Affairs. The employee may choose to disclose the health condition diagnosis to his immediate supervisor or others, in which case the legal confidentiality of the information is waived with respect to such agents to whom such information is disclosed or a health care provider), who to which disclosure is not reasonably to be anticipated by the employee’s direct supervisor, to contact the health care provider who provided any submitted medical certification supporting the employee’s application for leave, for the purposes of authenticating and/or clarifying the medical certification. The employee must provide a HIPAA-compliant release to NJIT allowing such communication with the health care provider. NJIT may deny FMLA leave if the employee fails to provide such a release or if a medical certification is not otherwise authenticated and/or clarifieddisclosure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Leave Validation. Each leave, as set out in provision I., Available Leave, above, is subject to the prerequisite validation as follows:
A. Both I. A. & B., Available Leave, leaves must be validated, at the university’s request, as to the enabling facts of the leave. For example, it must be established by the applicant for leave hereunder that he/she is the parent, within the express meaning of that term as hereinafter defined.
B. Leave, under I. C., & I. F, Available Leave,. above, must be validated by a written certification from a qualified, licensed, health care provider, that the employee is needed and able to provide care directly related to and on account of an acutely or chronically debilitating health condition requiring hospitalization and/or continuing licensed health provider intervention and treatment. The certification must also specify the debilitating condition and the prognosis for abatement or recovery with medical opinion as to time anticipated for abatement or recovery. Finally, upon request by the university, the employee must validate, through reasonable means, the enabling family relationship.
C. Leave, under I. D., Available Leave, above, must be validated by a written certification of expert opinion by a qualified, licensed health care provider, describing the work debilitating illness or other work debilitating health related condition and its disabling onset, affect and anticipated duration. When an employee seeks to take leave under I.D and may be eligible for leave rights under the federal Family and Medical Leave Act (FMLA), NJIT may include a statement of the essential functions of the employee’s job with its request for medical certification. The medical certification may be deemed insufficient if the health care provider does not identify which essential functions the employee is unable to perform.
D. Under leave enabling provisions I. C., D, and F., Available Leave, above, when the university reasonably believes a submitted certification is suspect, in significant degree, it may require a second opinion from a licensed health care provider who is qualified in the field of the contended disability/illness. An opinion concurring with the employee's submitted validation shall result in leave validation. An opinion dissenting from a suspect/faulty validation shall result in referral, as set out hereunder, to a third, independent health care provider, qualified in the field of the contended disability/illness, for final, binding opinion either validating or invalidating the leave.
1. Referral for a third, binding health care professional's opinion shall be by agreement of the employee selected health care provider and the university selected health care provider. Failing agreement, referral shall be by agreement of the employee and the university. Failing secondary agreement, referral shall be made by the university.
2. Both second and third health care provider's opinions shall be arranged and paid for by the university.
3. Failure by an employee to provide a certification which, on its face, purports to meet the primary validation requirements set out above, shall result in denial of leave and its benefits, and not a second or third opinion, as the original certification is the sole responsibility of the employee as prerequisite to either any leave entitlement or a second or third opinion by a licensed health care provider.
E. Whenever an employee seeks to take a leave and may be eligible for FMLA leave rights, NJIT may designate a representative (such as a Department of Human Resources employee, Office of the General Counsel employee, or a health care provider), who is not the employee’s direct supervisor, to contact the health care provider who provided any submitted medical certification supporting the employee’s application for leave, for the purposes of authenticating and/or clarifying the medical certification. The employee must provide a HIPAA-compliant release to NJIT allowing such communication with the health care provider. NJIT may deny FMLA leave if the employee fails to provide such a release or if a medical certification is not otherwise authenticated and/or clarified.
F. While an employee is on Family Leave, pursuant to provisions I. C., D, or F., Available Leave, above, the university may request and is then entitled to periodic formal updates or re-certifications as appropriate to the original certification parameters. The university imposed requirement for update or re-certification hereunder shall not be unreasonably applied, and the university will consider, in good faith, the necessity and frequency of update or revalidation unique to each individual leave based upon the nature and parameters of the original certification and any factual change in individual circumstance.
G. Prior to an employee's return to the university from leave provided pursuant to provision I. D., Available Leave, above, the university may request and receive health care provided certification that the employee on leave is no longer work disabled from the originally certified health condition and can return to the workplace as sufficiently recovered to perform the regular, necessary functions of the job. NJIT may include a statement of the essential functions of the employee’s job with its request for medical certification. The university will cooperate fully with the health care provider in making this assessment by providing, if necessary, a position description and/or thorough discussion of the dimensions of the position not easily gleaned from such position description. Where an employee is on intermittent FMLA leave, NJIT may, where reasonable job safety concerns exist, request and receive health care provided certification, that the employee is able to perform the essential functions of his job. NJIT may only request such health care provided certification up to once every thirty (30) days.
H. All medical records provided in accordance with policy and consistent with law shall remain confidential with the university and within the university, shall remain disclosable only to the Department of Human Resources or those officers and/or employees of the university with a need to know the certified rationale, including by way of illustration, the President, the Vice President for Human Resources and the General Counsel. The employee may choose to disclose the health condition diagnosis to his/her immediate supervisor or others in which case the legal confidentiality of the information is waived with respect to such agents to which such information is disclosed or to which disclosure is reasonably to be anticipated by the employee's disclosure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
