Common use of Positive Test Clause in Contracts

Positive Test. The employee shall be given the option to either immediately: 1. voluntarily resign his/her employment with the BOARD; or 2. be placed on sick leave, if available, or a voluntary leave of absence, without pay, during which the employee must immediately enter a BOARD-approved alcohol or drug treatment program. An employee exercising this option shall remain on sick leave or unpaid medical leave of absence only while remaining an active cooperating patient in the program, as certified by the medical facility supervising the program, and may not return to active working status until he/she has been released to return to work by such medical facility and has been retested with a negative test result and certified by the medical facility as fully capable of performing the duties of an employee in a safe manner. Any employee who exercises this option who is either removed from the program by the medical facility supervising the program or who withdraws from the program before being released to return to work by such medical facility shall be deemed to have resigned his/her employment with the BOARD. An employee who completes the program who is released to return to work, who tests negative before returning to work and who returns to active working status, shall be subject to retesting. 3. In the event the employee refuses to exercise either of the options specified above in (1) or (2), the employee shall be subject to immediate discharge.

Positive Test. The employee shall be given the option opportunity to either immediately: 1. voluntarily resign his/her employment with the BOARD; or 2. be placed on sick leave, if available, or a voluntary leave of absence, without pay, during which the employee must immediately enter a BOARD-approved alcohol or drug treatment program. An employee exercising this option shall remain on sick leave or unpaid medical leave of absence only while remaining an active cooperating patient in the program, as certified by the medical facility supervising the program, and may not return to active working status until he/she has been released to return to work by such medical facility and has been retested with a negative test result and certified by the medical facility as fully capable of performing the duties of an employee in a safe manner. Any employee who exercises this option who is either removed from the program by the medical facility supervising the program or who withdraws from the program before being released to return to work by such medical facility shall be deemed to have resigned his/her employment with the BOARD. An employee who completes the program who is released to return to work, who tests negative before returning to work and who returns to active working status, shall be subject to retesting. 3. In the event the employee refuses to exercise either of the options specified above in (1a) or (2b), the employee shall be subject to immediate discharge.