Common use of Medical Disability Leave Clause in Contracts

Medical Disability Leave. (a) Upon application and formal approval by the Superintendent, an employee shall be granted an unpaid, medical or disability leave of absence. Said leave shall be for a period of time not to exceed one (1) year from the effective date of the leave but will be extended for additional period(s) to a maximum of two (2) total years of medical/ disability leave upon submission of appropriate disability verification. The Superintendent may consider a written request for up to a one-year extension of an approved medical leave of absence. All applications for unpaid leave shall include a termination date. (b) An employee on a medical leave of absence shall verify in writing to the Superintendent his/her desire to return to work within thirty (30) calendar days of the end of the leave. These timelines may be waived by mutual consent of both parties. (c) An employee returning to work following an approved medical/disability leave of absence must furnish the Superintendent with a statement from his/her attending physician certifying the employee's ability to return to active working status. If the employee's physician is unable to certify that the employee is able to resume his/her full and normal job duties without limitations, the attending physician shall provide the full particulars on any limitations/restrictions in place and the likely duration of such. In the event there are restrictions/limitations, a meeting will be held with the employee before a determination is made on whether the employee may/may not return to active working status. If as a result of this meeting the Superintendent determines that the employee can return to work with restrictions/limitations, the Superintendent and the employee will then work out the reasonable accommodations necessary, if possible, to enable the employee to do so. (d) The Superintendent may, in the exercise of his sole discretion, require any employee desiring to return to active working status to be examined by a physician or physicians selected by the Superintendent for the purpose of confirming that the employee is able to return to work with or without restrictions/limitations and if the employee is able to return to work with restrictions/limitations, to work out the reasonable accommodations necessary, if possible, to enable the employee to do so. In the event the employee's physician and the physician selected by the Superintendent do not agree on any matter, they shall jointly refer the matter to a third physician mutually acceptable to such physicians who shall consider the reports of the two physicians, examine the employee, if necessary, and determine the matter at issue. The determination of this third physician shall be binding on all concerned and is not subject to further appeal. The employee is responsible for all expenses incurred from his/her physician. The BOARD is responsible for all expenses incurred from the physician selected by the Superintendent and for the cost of the third physician.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Contract Between Springboro Community City School District Board of Education and Springboro Classified Employees Association

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Medical Disability Leave. (a) Upon application and formal approval by the SuperintendentBOARD approval, an employee shall be granted an unpaid, medical or disability leave of absenceabsence in accordance with Section 3319.13 of the Ohio Revised Code. Said leave shall be for a period of time not to exceed one (1) year from the effective date of the leave leave, but will be extended for an additional period(s) period or periods to a maximum of two (2) total years of medical/ medical/disability leave upon submission of appropriate disability verification. The Superintendent may consider a written request for up to a one-year extension of an approved medical leave of absence. All applications for unpaid leave shall include a termination datedate of the leave. (b) An employee on a school-year medical leave of absence shall verify in writing by March 15 to the Superintendent his/her desire to return to work the following school year. If the return date is in the middle of a school year, the employee shall verify to the Superintendent his/her desire to return to work within thirty (30) calendar days of the end of the leave. These timelines may be waived by mutual consent of both parties. (c) An employee returning to work following an approved medical/disability leave of absence must furnish the Superintendent with a statement from his/her attending physician certifying the employee's ability to return to active working status. If the employee's physician is unable to certify that the employee is able to resume his/her full and normal job duties without limitations, the attending physician shall provide the full particulars on any limitations/restrictions in place and the likely duration of such. In the event there are restrictions/limitations, a meeting will be held with the employee before a determination is made on whether the employee may/may not return to active working status. If as a result of this meeting the Superintendent determines that the employee can return to work with restrictions/limitations, the Superintendent and the employee will then work out the reasonable accommodations necessary, if possible, to enable the employee to do so. (d) The Superintendent may, in the exercise of his sole discretion, require any employee desiring to return to active working status to be examined by a physician or physicians selected by the Superintendent for the purpose of confirming that the employee is able to return to work with or without restrictions/limitations and if the employee is able to return to work with restrictions/limitations, to work out the reasonable accommodations necessary, if possible, to enable the employee to do so. In the event the employee's physician and the physician selected by the Superintendent do not agree on any matter, they shall jointly refer the matter to a third physician mutually acceptable to such physicians who shall consider the reports of the two physicians, examine the employee, if necessary, and determine the matter at issue. The determination of this third physician shall be binding on all concerned and is not subject to further appeal. The employee is responsible for all expenses incurred from his/her physician. The BOARD is responsible for all expenses incurred from the physician selected by the Superintendent and for the cost of the third physician.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Medical Disability Leave. (a) Upon application and formal approval Due to a medical disability which is substantiated by a certificate from a medical doctor, the Superintendent, an employee shall administrator may be granted an unpaidextended leave of absence without pay; however, the Board shall have the right to have the administrator examined by a physician of the Board’s choosing, at the Board’s expense, to ascertain whether the administrator is medically disabled. Following any difference of medical opinion between the Board’s physician and the administrator’s physician, the Board may request expert consultation in which case a medical society shall appoint an impartial third physician who shall examine the administrator and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue in his/her job, which opinion shall also be non-grievable. The expense of any examination by an impartial third physician under this paragraph shall be shared equally by the administrator and Board. During the period of the administrator’s personal medical disability, accumulated sick leave benefits shall be paid until such benefits are exhausted or the personal medical disability has terminated. Upon exhaustion of all paid sick leave, medical or benefits, as defined in Article XI herein shall be terminated. However, the administrator may elect to retain said benefits by reimbursing the Board of Education on a monthly basis provided such reimbursement is allowable under the Master Policy. Administrator reimbursement shall commence on the first day of the month following the exhaustion of said paid sick leave benefits, to a maximum of one (1) year, so as to continue group rate premiums. If the administrator does not elect to retain said benefits, those medical benefits shall expire according to the Master Policy(s) then in effect. 1. The Board retains the right to place an administrator on medical disability leave for any one of absencethe following reasons: a. Whenever the administrator’s physical condition adversely affects his/her ability to continue to function effectively in his/her job. b. The physical condition or capacity is such that the administrator’s health would be impaired if permitted to continue in his/her job, and if: 1) the administrator fails to produce a certificate from a medical doctor stating that he/she is medically able to continue in his/her job; or 2) the Board of Education’s physician certifies that said administrator cannot continue in his/her job; or 3) following any difference of medical opinion between the Board physician and the administrator’s physician, the Board requests expert consultation in which case a medical society shall appoint an impartial third physician who shall examine the administrator and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue in his/her job, which opinion shall be non-grievable. The expense of any examination by an impartial third physician under this paragraph shall be shared equally by the administrator and the Board. 2. When the seeking of an extended leave of absence for medical disability can be anticipated, and administrator shall file a written request for such leave with the Superintendent within thirty (30) days from the time the administrator knew of the necessity of taking the medical leave. Said request shall indicate the anticipated date on which said leave is to commence and the anticipated date on which the said leave is to terminate (if able to ascertain with reason). Written request shall indicate the anticipated plans of the administrator upon termination of the medical disability leave as to his/her returning to work, resigning, retiring, or applying for another type of leave. 3. The Board need not grant nor extend the leave of absence of any administrator beyond the end of the contract school year in which the leave is obtained. An administrator returning from a medical disability leave shall be entitled to all benefits to which said employee was entitled at the time leave commenced. 4. The date of requested return from medical disability leave may be adjusted by the Board to commence in January of September or any other natural break in time which the Board deems in keeping with the educational needs of the school. 5. An administrator may make application to the Board for a child rearing leave of absence for a period of up to one (1) year. Said application shall be made to the Superintendent at least ninety (90) calendar days prior to the commencement of the child rearing leave. The date of requested return may be adjusted by the Board to commence in January or September or any other natural break time not to exceed which the Board deems in keeping with the educational needs of the system, and may preclude the one (1) year from the effective date of the time period cited above. Said child rearing leave but will shall be extended for additional period(s) to a maximum of two (2) total years of medical/ disability leave upon submission of appropriate disability verificationwithout pay. The Superintendent may consider a written request for up to a one-year extension of an approved medical leave of absence. All applications for unpaid leave shall include a termination date. (b) An employee on a medical leave of absence shall verify School Business Administrator/Board Secretary shall, upon request, provide the administrator with the necessary information in writing to the Superintendent his/her desire to return to work within thirty (30) calendar days of the end of the leave. These timelines may be waived by mutual consent of both parties. (c) An employee returning to work following an approved medical/disability leave of absence must furnish the Superintendent with a statement from his/her attending physician certifying the employee's ability to return to active working status. If the employee's physician is unable to certify order that the employee is able to resume his/her full administrator can take over the payments of insurance premiums and normal job duties without limitations, notify the attending physician shall provide the full particulars on any limitations/restrictions in place proper persons and the likely duration agencies of such. In the event there are restrictions/limitations, a meeting will be held with the employee before a determination is made on whether the employee may/may not return to active working status. If as a result of this meeting the Superintendent determines that the employee can return to work with restrictions/limitations, the Superintendent and the employee will then work out the reasonable accommodations necessary, if possible, to enable the employee to do sosaid leave. (d) The Superintendent may, in the exercise of his sole discretion, require any employee desiring to return to active working status to be examined by a physician or physicians selected by the Superintendent for the purpose of confirming that the employee is able to return to work with or without restrictions/limitations and if the employee is able to return to work with restrictions/limitations, to work out the reasonable accommodations necessary, if possible, to enable the employee to do so. In the event the employee's physician and the physician selected by the Superintendent do not agree on any matter, they shall jointly refer the matter to a third physician mutually acceptable to such physicians who shall consider the reports of the two physicians, examine the employee, if necessary, and determine the matter at issue. The determination of this third physician shall be binding on all concerned and is not subject to further appeal. The employee is responsible for all expenses incurred from his/her physician. The BOARD is responsible for all expenses incurred from the physician selected by the Superintendent and for the cost of the third physician.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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