Common use of Options if Medically Unfit Clause in Contracts

Options if Medically Unfit. If as a result of the medical examination, the employee is found to be medically unfit to carry out the functions of the position the employee occupies, then: (a) the employee may be transferred to a position for which the Employer deems the employee qualified, where the duties are less onerous and within the employee’s physical capabilities or provided other accommodation measures in accordance with Article 39, or (b) if a transfer or other reasonable accommodation measure is not available, the employee shall be provided disability leave in accordance with Article 24.09(b).

Options if Medically Unfit. If as a result of the medical examination, the employee is found to be medically unfit to carry out the functions of the position the employee he/she occupies, then: (a) the employee may be transferred to a position for which the Employer deems the employee him/her qualified, where the duties are less onerous and within the employee’s his/her physical capabilities or provided other accommodation measures in accordance with Article 3940, or (b) if a transfer or other reasonable accommodation measure is not available, the employee shall be provided disability leave in accordance with Article 24.09(b).