NON JOB-RELATED ILLNESS. INJURY Should eBART require any medical examination of an employee with a non-job-related illness/injury, the District may designate a doctor for such purpose. This doctor may be the employee’s doctor; however, if the employee’s doctor is selected, the District reserves the right to require a second medical opinion through another District-designated doctor. If the first medical examination is not performed by the employee’s doctor, and if the employee disagrees with any medical findings of the District-designated doctor, said employee shall have the right to examination doctor of his/her choosing. In either case, should the findings of the two doctors be inconsistent, a third doctor shall be mutually selected by the following procedure: The District and the Union shall mutually agree upon an odd-numbered panel of doctors for such purpose. If they are unable to agree upon the names to be included on such a panel, they shall request the Industrial Accident Commission to submit the names of independent medical examiners most frequently used in the San Francisco Bay Area in the various specialties of medicine and these shall constitute the panel. The District and the Union shall select a third doctor from this panel within five (5) working days of the date the dispute is established. The conclusions of the third doctor shall be final and binding upon the parties, and the fee shall be shared 50-50 by both parties. No employee shall suffer any loss of income or other benefits as a result of any directive to report to a physician, and the time required to report and return from such examination shall be considered as time worked unless the employee is found physically unfit to return to work. If the findings of the District-designated and employee-selected doctors are inconsistent, no employee shall suffer loss of income or benefits during the first thirty (30) calendar days after the second doctor’s inconsistent conclusions are issued or until the conclusions of the third doctor are issued, whichever occurs first. Should the third doctor uphold the findings of the District-designated doctor, the employee shall agree in writing to reimburse the District for any income or benefits received to which he/she was not entitled. Reimbursement to the District shall be completed within thirty (30) calendar days from the employee’s return to work. Nothing in this Section is intended to exempt employees from notice requirements of California State Law.
NON JOB-RELATED ILLNESS or Injury. When employees are off work due to a non-job related illness or injury, employees shall first use compensatory time off, floating holidays, and annual leave; at the employees’ election, accrued sick leave may also be used. When employees use leave with pay, employees continue to earn paid leaves and receive benefits to the fullest extent permitted by law and any applicable laws. Upon exhaustion of paid leave (except sick leave), the employee shall be placed on a “leave without pay” status. The employee’s right to continued employment while on “leave without pay,” and eligibility for benefits under the City’s benefit plans, will depend upon applicable law and the terms of those plans. An employee will not continue to accrue paid leave during any period of “leave without pay” under this Section.
