Common use of Medical Separations Clause in Contracts

Medical Separations. ‌ In the event that it is determined that an employee is medically unable to perform the essential functions of his or her position and it is determined that there is no reasonable accommodation which would enable that employee to perform the essential functions of his or her position, that employee may be medically separated from employment with the District. The District will provide the employee with notice of its intent to medically separate the employee. The employee will be given the opportunity to respond, either orally or in writing, to any notice of intent before a final determination is made by the Deputy Fire Chief or designee. If the Deputy Fire Chief or designee determines that a medical separation is appropriate, the employee has a right to appeal that decision as set forth in the grievance procedure, Section 18.2 of this MOU. Any decision to medically separate an employee will not be tolled pending resolution of the appeal. Medical separations will be identified in an employee’s personnel file as such.

Medical Separations. ‌ In the event that it is determined that an employee is medically unable to perform the essential functions of his or her position and it is determined that there is no reasonable accommodation which would enable that employee to perform the essential functions of his or her position, that employee may be medically separated from employment with the District. The District will provide the employee with notice of its intent to medically separate the employee. The employee will be given the opportunity to respond, either orally or in writing, to any notice of intent before a final determination is made by the Deputy Fire Chief or designee. If the Deputy Fire Chief or designee determines that a medical separation is appropriate, the employee has a right to appeal that decision as set forth in the grievance procedure, Section 18.2 of this MOU. Any decision to medically separate an employee will not be tolled pending resolution of the appeal. Medical separations will be identified in an employee’s personnel file as such.