Common use of Medical Examination Clause in Contracts

Medical Examination. The Employer may require an employee to undergo a medical examination that is related to the employee’s job and based on a business necessity when the Employer deems the examination necessary to confirm an employee’s fitness for duty, eligibility for sick leave, FML, Medical Leave, Disability Leave, or Disability Separation. The Employer may also require such an exam to determine the employee’s eligibility to return from any sick leave, Medical Leave, Disability Leave, or Disability Separation, where the employee is returning after having exhausted Family and Medical Leave Act time (or where the returning employee is not eligible for FML), or to determine an employees ability to return to full service from recuperative duty status. The examination shall be at the Employer’s expense. Where the Employer is requiring the examination to certify an employee’s eligibility for Family and Medical Leave Act time (the FML “second opinion”), the Employer’s selection of a healthcare provider shall be in accordance with the regulations governing the Family and Medical Leave Act. However, where the examination is to determine an employee’s eligibility for sick leave, Medical Leave, Disability Leave, etc., following the employee’s exhaustion of Family and Medical Leave Act time, or in a situation where the employee is not eligible for Family and Medical Leave Act time, the selection of the healthcare provider shall be within the sole discretion of the Employer. The Employer may place an employee found to be unable to perform the essential functions of his position on appropriate university leave or may disability separate the employee, all as provided for in this Section.

Appears in 10 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Medical Examination. The Employer may require an employee to undergo a medical examination that is related to the employee’s job and based on a business necessity when the Employer deems the examination necessary to confirm an employee’s fitness for duty, eligibility for sick leave, FML, Medical Leave, Disability Leave, or Disability Separation. The Employer may also require such an exam to determine the employee’s eligibility to return from any sick leave, Medical Leave, Disability Leave, or Disability Separation, where the employee is returning after having exhausted Family and Medical Leave Act time (or where the returning employee is not eligible for FML), or to determine an employees ability to return to full service from recuperative duty status. The examination shall be at the Employer’s expense. Where the Employer is requiring the examination to certify an employee’s eligibility for Family and Medical Leave Act time (the FML “second opinion”), the Employer’s selection of a healthcare provider shall be in accordance with the regulations governing the Family and Medical Leave ActLeave. However, where the examination is to determine an employee’s eligibility for sick leave, Medical Leave, Disability Leave, etc., following the employee’s exhaustion of Family and Medical Leave Act timeLeave, or in a situation where the employee is not eligible for Family and Medical Leave Act timeLeave, the selection of the healthcare provider shall be within the sole discretion of the Employer. The Employer may place an employee found to be unable to perform the essential functions of his position on appropriate university leave Family and Medical Leave, or if the employee is not eligible for or has exhausted any available Family and Medical Leave, the Employer may place the employee on unpaid Medical Leave or Disability Leave or may disability separate the employee, all as provided for in this Section.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Medical Examination. The Employer may require an employee to undergo a medical examination that is related to the employee’s job and based on a business necessity when the Employer deems the examination necessary to confirm an employee’s fitness for duty, eligibility for sick leave, FML, Medical Leave, Disability Leave, or Disability Separation. The Employer may also require such an exam to determine the employee’s eligibility to return from any sick leave, Medical Leave, Disability Leave, or Disability Separation, where the employee is returning after having exhausted Family and Medical Leave Act time (or where the returning employee is not eligible for FML), or to determine an employees employee’s ability to return to full service from recuperative duty status. The examination shall be at the Employer’s expense. Where the Employer is requiring the examination to certify an employee’s eligibility for Family and Medical Leave Act time (the FML “second opinion”), the Employer’s selection of a healthcare provider shall be in accordance with the regulations governing the Family and Medical Leave Act. However, where the examination is to determine an employee’s eligibility for sick leave, Medical Leave, Disability Leave, etc., following the employee’s exhaustion of Family and Medical Leave Act time, or in a situation where the employee is not eligible for Family and Medical Leave Act time, ; the selection of the healthcare provider shall be within the sole discretion of the Employer. The Employer may place an employee found to be unable to perform the essential functions of his position on appropriate university leave or may disability separate the employee, all as provided for in this Section.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Medical Examination. The Employer may require an employee to undergo a medical examination that is related to the employee’s 's job and based on a business necessity when the Employer deems the examination necessary to confirm an employee’s 's fitness for duty, eligibility for sick leave, FML, Medical Leave, Disability Leave, or Disability Separation. The Employer may also require such an exam to determine the employee’s 's eligibility to return from any sick leave, Medical Leave, Disability Leave, or Disability Separation, where the employee is returning after having exhausted Family and Medical Leave Act time (or where the returning employee is not eligible for FML), or to determine an employees ability to return to full service from recuperative duty status. The examination shall be at the Employer’s 's expense. Where the Employer is requiring the examination to certify an employee’s 's eligibility for Family and Medical Leave Act time (the FML "second opinion"), the Employer’s 's selection of a healthcare provider shall be in accordance with the regulations governing the Family and Medical Leave ActLeave. However, where the examination is to determine an employee’s 's eligibility for sick leave, Medical Leave, Disability Leave, etc., following the employee’s 's exhaustion of Family and Medical Leave Act timeLeave, or in a situation where the employee is not eligible for Family and Medical Leave Act timeLeave, the selection of the healthcare provider shall be within the sole discretion of the Employer. The Employer may place an employee found to be unable to perform the essential functions of his position on appropriate university leave Family and Medical Leave, or if the employee is not eligible for or has exhausted any available Family and Medical Leave, the Employer may place the employee on unpaid Medical Leave or Disability Leave or may disability separate the employee, all as provided for in this Section.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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