Common use of Sickness Clause in Contracts

Sickness. Any employee off duty on account of illness or injury may be required to produce a doctor’s certificate indicating date(s) of all clinical assess- ments, current medical restrictions and fitness to resume (or not resume) to regular or alternate duties. For non-occupational injury or illness of 15 consecutive work days or more or when returning to work with med- ical restrictions after a non-occupational injury or illness of any length of time, the employee must submit written authorization from their physician to the Health Services Section prior to the return to work date providing the above information. The employee may be required to visit the Health Services Section for a Return To Work health assessment. From April 22, 2005 until December 31, 2005, all bargaining unit mem- bers will not be required to provide a medical note for the first three days of absence for sickness or injury within that period. The TTC will delete SBA By-law no. 4 which states “[f]or the third and subsequent incidents of illness in a calendar year, the first day will be deducted”. Employees required to report to the Health Services Section for a peri- odic health assessment will have any loss of pay made up. Should a dispute arise between the employee’s physician and the Health Services Section as to fitness to resume (or not) their regular or other work, the employee shall be referred to an independent medical consultant mutually agreed upon by the Union and the TTC for an inde- pendent medical examination (IME), and the consultant’s opinion of the employee’s physical or mental condition shall be considered in the decision finally made as to the employee’s fitness to resume their regular or other work. In lodging an appeal from the Health Service’s original decision, the employee shall guarantee the payment of the consultant’s fee. Should the original decision of the Health Services be revised, the TTC shall pay the consultant’s fee. Should the Health Service’s original decision be sustained, the consultant’s fee shall be paid by the employee. In all disputes respecting fitness for work (or not) on medical grounds, the independent medical assessment must be utilized before proceeding to arbitration. The letter of referral to the independent medical consul- tant shall be signed by a representative of Management and a repre- sentative of the Union and shall contain information provided by the employee’s own Physician as well as any other pertinent information. It shall also direct the independent medical consultant to send to both the Health Services Section and the Union any report or correspondence concerning the employee or any matter arising out of the referral. The employee shall be required to sign a letter authorizing the foregoing. Should the independent medical consultant’s decision remain in dispute concerning the employee’s fitness for duties, no medical evidence con- cerning the employee’s diagnosis or prognosis other than that provided to the independent medical consultant shall be introduced at any arbi- tration hearing. Employees will be required to notify their Supervisor or Xxxxxxxxxx of their intention of returning to work the day before actually returning to work. Failure to comply with the above could result in the employee being assigned other duties. It is understood that no employee will be sent home on account of inabil- ity or failure to notify the Foreperson or Supervisor.

Sickness. Any employee off duty on account of illness or injury may be required re- quired to produce a doctor’s certificate indicating date(s) of all clinical assess- mentsclini- cal assessments, current medical restrictions and fitness to resume (or not resume) to regular or alternate duties. For non-occupational injury in- jury or illness of 15 consecutive work days or more or when returning return- ing to work with med- ical medical restrictions after a non-occupational injury or illness of any length of time, the employee must submit written authorization from their physician to the Health Services Section prior to the return to work date providing the above information. The employee may be required to visit the Health Services Section for a Return To Work health assessment. To be eligible for SBA benefits, an employee will not be required to provide a medical note for the first five days of absence in each cal- endar year for sickness or injury. From April 2214, 2005 until December 31, 2005, all bargaining unit mem- bers members will not be required to provide a medical note for the first three days of absence for sickness or injury within that period. The TTC Commission will delete SBA By-law no. 4 which states “[f]or For the third and subsequent incidents of illness in a calendar year, the first day will be deducted”. Employees required to report to the Health Services Section for a peri- odic periodic health assessment will have any loss of pay made up. Should a dispute arise between the employee’s employees’ physician and the Health Services Section as to fitness to resume (or not) their regular or other work, the employee employees shall be referred to an independent medical consultant mutually agreed upon by the Union and the TTC Commission for an inde- pendent independent medical examination (IME), and the consultant’s opinion of the employee’s physical or mental condition shall be considered in the decision finally made as to fitness to re- sume the employee’s fitness to resume their regular or other work. In lodging an appeal from the Health Service’s Services’ original decision, the employee shall guarantee guaran- tee the payment of the consultant’s fee. Should the original decision of the Health Services be revised, the TTC Commission shall pay the consultantconsult- ant’s fee. Should the Health Service’s Services’ original decision be sustained, the consultant’s fee shall be paid by the employee. In all disputes respecting fitness for work (or not) on medical grounds, the independent medical assessment must be utilized before proceeding to arbitration. The letter of referral to the independent medical consul- tant consultant shall be signed by a representative of Management Manage- ment and a repre- sentative representative of the Union and shall contain information provided by the employee’s own Physician as well as any other pertinent per- tinent information. It shall also direct the independent medical consultant con- sultant to send to both the Health Services Section and the Union any report or correspondence concerning the employee or any matter arising out of the referral. The employee shall be required to sign a letter authorizing the foregoing. Should the independent medical consultant’s decision remain in dispute dis- pute concerning the employee’s fitness for duties, no medical evidence con- cerning evi- dence concerning the employee’s diagnosis or prognosis other than that provided to the independent medical consultant shall be introduced intro- duced at any arbi- tration arbitration hearing. Employees Maintenance employees will be required to notify their Supervisor or Xxxxxxxxxx Foreperson of their intention of returning to work the day before actually returning to work. Failure to comply with the above could result in the employee being assigned other duties. It is understood that no employee will be sent home on account of inabil- ity inability or failure to notify the Foreperson or Supervisor. The Commission and Union agree to their joint responsibility to ensure that employees who are disabled due to injury or illness are afforded all available opportunities to participate in rehabilitation programs, including rehabilitative employment through the Transi- tional Work Program. To support this commitment, the Commission and the Union agree to work together to establish processes which allow for the identifica- tion of rehabilitation opportunities and the successful re-integration of employees into the workplace. Local 113 will be consulted of the movement of employees within the term of this Program. Any dis- putes arising from the administration of the Program will be ad- dressed through the Management/Union Objectives process. It is agreed that when opportunities for rehabilitation have been iden- tified, Health Services will discuss these opportunities with the em- ployee and the treating physician and, with their approval, work to- gether with the appropriate health professionals and other resources as may be necessary, to design an individual rehabilitation program.

Sickness. Any employee off duty on account of illness or injury may be required to produce a doctor’s certificate indicating date(s) of all clinical assess- mentsassessments, current medical restrictions and fitness to resume (or not resume) to regular or alternate duties. For non-occupational injury or illness of 15 consecutive work works days or more or when returning re- turning to work with med- ical medical restrictions after a non-occupational injury or illness of any length of time, the employee must submit written authorization from their physician to the Health Services Section Sec- tion prior to the return to work date providing the above information. The employee may be required to visit the Health Services Section for a Return To Work health assessment. From April 22, 2005 until December 31, 2005, all bargaining unit mem- bers will not be required to provide a medical note for the first three days of absence for sickness or injury within that period. The TTC will delete SBA By-law no. 4 which states “[f]or the third and subsequent incidents of illness in a calendar year, the first day will be deducted”. Employees required to report to the Health Services Section for a peri- odic periodic health assessment will have any loss of pay made up. Should a dispute arise between the employee’s employees’ physician and the Health Services Section as to fitness to resume (or not) their regular or other work, the employee employees shall be referred to an independent medical consultant mutually agreed upon by the Union and the TTC Com- mission for an inde- pendent independent medical examination (IME), and the consultantcon- sultant’s opinion of the employee’s physical or mental condition shall be considered in the decision finally made as to fitness to resume the employee’s fitness to resume their regular or other work. In lodging an appeal from the Health Service’s Services’ original decision, the employee shall guarantee the payment of the consultant’s fee. Should the original decision of the Health Services be revised, the TTC Commission shall pay the consultant’s fee. Should the Health Service’s Services’ original decision be sustained, the consultant’s fee shall be paid by the employee. In all disputes respecting fitness for work (or not) on medical grounds, the independent medical assessment must be utilized before proceeding to arbitration. The letter of referral to the independent medical consul- tant consultant shall be signed by a representative of Management and a repre- sentative representative of the Union and shall contain information provided pro- vided by the employee’s own Physician as well as any other pertinent information. It shall also direct the independent medical consultant to send to both the Health Services Section and the Union any report or correspondence concerning the employee or any matter arising out of the referral. The employee shall be required to sign a letter authorizing the foregoing. Should the independent medical consultant’s decision remain in dispute concerning the employee’s fitness for duties, no medical evidence con- cerning evi- dence concerning the employee’s diagnosis or prognosis other than that provided to the independent medical consultant shall be introduced intro- duced at any arbi- tration arbitration hearing. Employees Maintenance employees will be required to notify their Supervisor or Xxxxxxxxxx of their intention of returning to work the day before actually returning to work. Failure to comply with the above could result in the employee being assigned other duties. It is understood that no employee will be sent home on account of inabil- ity inability or failure to notify the Foreperson Forepoerson or Supervisor. The Commission and Union agree to their joint responsibility to ensure that employees who are disabled due to injury or illness are afforded all available opportunities to participate in rehabilitation pro- grams, including rehabilitative employment through the Transitional Work Program. To support this commitment, the Commission and the Union agree to work together to establish processes which allow for the identifica- tion of rehabilitation opportunities and the successful re-integration of employees into the workplace. Local 113 will be consulted of the movement of employees within the term of this Program. Any disputes arising from the administration of the Program will be addressed through the Management/Union Objectives process. It is agreed that when opportunities for rehabilitation have been identified, Health Services will discuss these opportunities with the employee and the treating physician and, with their approval, work together with the appropriate health professionals and other resources as may be necessary, to design an individual rehabilitation program.

Sickness. Any employee off duty on account of illness or injury may be required to produce a doctor’s certificate indicating date(s) of all clinical assess- mentsas- sessments, current medical restrictions and fitness to resume (or not resume) to regular or alternate duties. For non-occupational injury or illness of 15 consecutive work days or more or when returning to work with med- ical medical restrictions after a non-occupational injury or illness ill- ness of any length of time, the employee must submit written authorization author- ization from their physician to the Health Services Section prior to the return to work date providing the above information. The employee may be required to visit the Health Services Section for a Return To to Work health assessment. From April 2214, 2005 until December 31, 2005, all bargaining unit mem- bers members will not be required to provide a medical note for the first three days of absence for sickness or injury within that period. The TTC will delete SBA By-law no. 4 which states “[f]or For the third and subsequent incidents of illness in a calendar year, the first day will be deducted”. Employees required to report to the Health Services Section for a peri- odic per- iodic health assessment will have any loss of pay made up. Should a dispute arise between the employee’s employees’ physician and the Health Services Section as to fitness to resume (or not) their regular or other work, the employee employees shall be referred to an independent medical med- ical consultant mutually agreed upon by the Union and the TTC for an inde- pendent independent medical examination (IME), and the consultant’s opinion of the employee’s physical or mental condition shall be considered in the decision finally made as to fitness to resume the employee’s fitness to resume their regular or other work. In lodging an appeal from the Health Service’s Services’ original decision, the employee shall guarantee the payment of the consultant’s fee. Should the original decision of the Health Services be revised, the TTC shall pay the consultant’s fee. Should the Health Service’s Servi- ces’ original decision be sustained, the consultant’s fee shall be paid by the employee. In all disputes respecting fitness for work (or not) on medical grounds, the independent medical assessment must be utilized before proceeding proceed- ing to arbitration. The letter of referral to the independent medical consul- tant consultant shall be signed by a representative of Management and a repre- sentative representative of the Union and shall contain information provided by the employee’s own Physician as well as any other pertinent informationin- formation. It shall also direct the independent medical consultant to send to both the Health Services Section and the Union any report or correspondence concerning the employee or any matter arising out of the referral. The employee shall be required to sign a letter authorizing authoriz- ing the foregoing. Should the independent medical consultant’s decision remain in dispute dis- pute concerning the employee’s fitness for duties, no medical evidence con- cerning evi- dence concerning the employee’s diagnosis or prognosis other than that provided to the independent medical consultant shall be introduced intro- duced at any arbi- tration arbitration hearing. Employees Maintenance employees will be required to notify their Supervisor or Xxxxxxxxxx of their intention of returning to work the day before actually returning to work. Failure to comply with the above could result in the employee being assigned other duties. It is understood that no employee will be sent home on account of inabil- ity inability or failure to notify the Foreperson or Supervisor. The TTC and Union agree to their joint responsibility to ensure that employees who are disabled due to injury or illness are afforded all available opportunities to participate in rehabilitation programs, in- cluding rehabilitative employment through the Transitional Work Program. To support this commitment, the TTC and the Union agree to work together to establish processes which allow for the identification of rehabilitation opportunities and the successful re-integration of em- ployees into the workplace. Local 113 will be consulted of the move- ment of employees within the term of this Program. Any disputes aris- ing from the administration of the Program will be addressed through the Management/Union Objectives process. It is agreed that when opportunities for rehabilitation have been identified, Health Services will discuss these opportunities with the employee and the treating physician and, with their approval, work together with the appropriate health professionals and other resources as may be necessary, to design an individual rehabilitation program.

Sickness. Any employee off duty on account of illness or injury may be required re- quired to produce a doctor’s certificate indicating date(s) of all clinical assess- mentsclini- cal assessments, current medical restrictions and fitness to resume (or not resume) to regular or alternate duties. For non-occupational injury inju- ry or illness of 15 consecutive work days or more or when returning to work with med- ical medical restrictions after a non-occupational injury or illness of any length of time, the employee must submit written authorization au- thorization from their physician to the Health Services Section prior to the return to work date providing the above information. The employee em- ployee may be required to visit the Occupational Health Services and Claims Management Section for a Return To to Work health assessment. From April 22, 2005 until December 31, 2005, all bargaining unit mem- bers will not be required to provide a medical note for the first three days of absence for sickness or injury within that period. The TTC will delete SBA By-law no. 4 which states “[f]or the third and subsequent incidents of illness in a calendar year, the first day will be deducted”. Employees required to report to the Occupational Health Services and Claims Management Section for a peri- odic periodic health assessment will have any loss of pay made up. Effective September 1, 2014, employees will not be paid SBA pay- ment for the first full day of each incident of absence due to illness that he or she is otherwise eligible to receive payment for under SBA by-laws, for the fourth sick incident and beyond. Should a dispute arise between the employee’s employees’ physician and the Occupational Health Services Claims Management Section as to fitness to resume (or not) their regular or other work, the employee employees shall be referred to an independent medical consultant mutually agreed upon by the Union and the TTC for an inde- pendent independent medical examination (IME), and the consultant’s opinion of the employee’s physical or mental condition shall be considered in the decision finally made as to fitness to resume the employee’s fitness to resume their regular or other work. In lodging an appeal from the Occupational Health Serviceand Claims Management’s Ser- vices’ original decision, the employee shall guarantee the payment of the consultant’s fee. Should the original decision of the Occupational Health Services and Claims Management be revised, the TTC shall pay the consultant’s fee. Should the Health Service’s Services’ original decision be sustainedsus- tained, the consultant’s fee shall be paid by the employee. In all disputes respecting fitness for work (or not) on medical grounds, the independent medical assessment must be utilized before proceeding to arbitration. The letter of referral to the independent medical consul- tant consultant shall be signed by a representative of Management Manage- ment and a repre- sentative representative of the Union and shall contain information provided by the employee’s own Physician as well as any other pertinent per- tinent information. It shall also direct the independent medical consultant con- sultant to send to both the Health Services Section and the Union any report or correspondence concerning the employee or any matter arising out of the referral. The employee shall be required to sign a letter authorizing the foregoing. Should the independent medical consultant’s decision remain in dispute dis- pute concerning the employee’s fitness for duties, no medical evidence con- cerning evi- dence concerning the employee’s diagnosis or prognosis other than that provided to the independent medical consultant shall be introduced intro- duced at any arbi- tration arbitration hearing. Employees Employee will be required to notify their Foreperson, Supervisor or Xxxxxxxxxx Senior Manager of their intention of returning to work the day before actually returning to work. Failure to comply with the above could result in the employee being assigned other duties. It is understood that no employee will be sent home on account of inabil- ity inability or failure to notify the Foreperson Foreperson, Supervisor, or SupervisorSenior Manager.

Sickness. 14.1 Any employee off duty for more than three (3) days per cal- endar year on account of illness or injury may be required to produce a doctor’s certificate indicating date(s) of all clinical assess- mentsassessments, current medical restrictions and fitness to resume (or not resume) to regular or alternate duties. . 14.2 For non-occupational injury or illness of 15 consecutive work days or more or when returning to work with med- ical restrictions medical restric- tions after a non-occupational injury or illness of any length of time, the employee must submit written authorization from their physician to the Occupational Health Services and Claims Man- agement Section prior to the return to work date providing the above information. The employee may be required to visit the Occupational Health Services and Claims Management Section for a Return To Work health assessment. From April 22. 14.3 To be eligible for short-term disability benefits after the third (3rd) date of absence due to illness, 2005 until December 31, 2005, all bargaining unit mem- bers an employee will not be required re- quired to provide a medical note documentation to support his or her application for short-term disability benefits commencing the first three days fourth (4th) day of absence for from work due to sickness or injury within that period. The TTC will delete SBA By-law no. 4 which states “[f]or the third and subsequent incidents of illness in a calendar year, the first day will be deducted”. . 14.4 Employees required to report to the Occupational Health Services and Claims Management Section for a peri- odic periodic health assessment will have any loss of pay made up. . 14.5 Should a dispute arise between the employee’s employees’ physician and the Occupational Health Services and Claims Management Section as to fitness to resume (or not) their regular or other work, the employee employees shall be referred to an independent medical consultant con- sultant mutually agreed upon by the Union and the TTC for an inde- pendent independent medical examination (IME), and the consultantconsult- ant’s opinion of the employee’s physical or mental condition shall be considered in the decision finally made as to fitness to resume the employee’s fitness to resume their regular or other work. In lodging an appeal from the Occupational Health Serviceand Claims Management’s original decision, the employee Union shall guarantee the payment of the consultant’s fee. Should the original decision of the Occupational Health Services and Claims Management be revised, the TTC shall pay the consultant’s fee. Should the Occupational Health Serviceand Claims Management’s original decision be sustained, the consultant’s fee shall be paid by the employee. Union. 14.6 In all disputes respecting fitness for work (or not) on medical grounds, the independent medical assessment must be utilized util- ized before proceeding to arbitration. The letter of referral to the independent medical consul- tant consultant shall be signed by a representative rep- resentative of Management and a repre- sentative representative of the Union and shall contain information provided by the employee’s own Physician as well as any other pertinent information. It shall also direct the independent medical consultant to send to both the Occupational Health Services and Claims Management Section and the Union any report or correspondence concerning the employee em- ployee or any matter arising out of the referral. The employee shall be required to sign a letter authorizing the foregoing. . 14.7 Should the independent medical consultant’s decision remain re- main in dispute concerning the employee’s fitness for duties, no medical evidence con- cerning concerning the employee’s diagnosis or prognosis other than that provided to the independent medical consultant shall be introduced at any arbi- tration arbitration hearing. . 14.8 Employees will be required to notify their direct Supervisor or Xxxxxxxxxx of their intention of returning to work the day before actually returning to work. . 14.9 Failure to comply with the above could result in the employee being assigned other duties. . 14.10 It is understood that no employee will be sent home on account of inabil- ity inability or failure to notify the Foreperson or direct Supervisor.

Sickness. Any employee off duty on account of illness or injury may be required re- quired to produce a doctor’s certificate indicating date(s) of all clinical assess- mentsclini- cal assessments, current medical restrictions and fitness to resume (or not resume) to regular or alternate duties. For non-occupational injury in- jury or illness of 15 consecutive work days or more or when returning return- ing to work with med- ical medical restrictions after a non-occupational injury or illness of any length of time, the employee must submit written authorization from their physician to the Health Services Section prior to the return to work date providing the above information. The employee may be required to visit the Health Services Section for a Return To Work health assessment. From April 22Employees required to report to the Health Services Section for a periodic health assessment will have any loss of pay made up. To be eligible for SBA benefits, 2005 until December 31, 2005, all bargaining unit mem- bers an employee will not be required to provide a medical note for the first three five days of absence in each cal- endar year for sickness or injury within that periodinjury. The TTC Commission will delete SBA By-law no. 4 which states “[f]or the third and subsequent incidents of illness in a calendar year, the first day will be deducted”. Employees required to report to the Health Services Section for a peri- odic health assessment will have any loss of pay made up. Should a dispute arise between the employee’s employees’ physician and the Health Services Section as to fitness to resume (or not) their regular or other work, the employee employees shall be referred to an independent medical consultant mutually agreed upon by the Union and the TTC Commission for an inde- pendent independent medical examination (IME), and the consultant’s opinion of the employee’s physical or mental condition shall be considered in the decision finally made as to fitness to re- sume the employee’s fitness to resume their regular or other work. In lodging an appeal from the Health Service’s Services’ original decision, the employee shall guarantee guaran- tee the payment of the consultant’s fee. Should the original decision of the Health Services be revised, the TTC Commission shall pay the consultantconsult- ant’s fee. Should the Health Service’s Services’ original decision be sustained, the consultant’s fee shall be paid by the employee. In all disputes respecting fitness for work (or not) on medical grounds, the independent medical assessment must be utilized before proceeding to arbitration. The letter of referral to the independent medical consul- tant consultant shall be signed by a representative of Management Manage- ment and a repre- sentative representative of the Union and shall contain information provided by the employee’s own Physician as well as any other pertinent per- tinent information. It shall also direct the independent medical consultant con- sultant to send to both the Health Services Section and the Union any report or correspondence concerning the employee or any matter arising out of the referral. The employee shall be required to sign a letter authorizing the foregoing. Should the independent medical consultant’s decision remain in dispute dis- pute concerning the employee’s fitness for duties, no medical evidence con- cerning evi- dence concerning the employee’s diagnosis or prognosis other than that provided to the independent medical consultant shall be introduced intro- duced at any arbi- tration arbitration hearing. Employees Employee will be required to notify their Supervisor Foreperson, Senior Fore- person or Xxxxxxxxxx Superintendent of their intention of returning to work the day before actually returning to work. Failure to comply with the above could result in the employee being assigned other duties. It is understood that no employee will be sent home on account of inabil- ity inability or failure to notify the Foreperson Foreperson, Senior Foreperson, or SupervisorSuperintendent.

Sickness. Any employee off duty on account of illness or injury may be required re- quired to produce a doctor’s certificate indicating date(s) of all clinical assess- mentsclini- cal assessments, current medical restrictions and fitness to resume (or not resume) to regular or alternate duties. For non-occupational injury in- jury or illness of 15 consecutive work days or more or when returning return- ing to work with med- ical medical restrictions after a non-occupational injury or illness of any length of time, the employee must submit written authorization from their physician to the Health Services Section prior to the return to work date providing the above information. The employee may be required to visit the Health Services Section for a Return To Work health assessment. From April 22, 2005 until December 31, 2005, all bargaining unit mem- bers will not be required to provide a medical note for the first three days of absence for sickness or injury within that period. The TTC will delete SBA By-law no. 4 which states “[f]or the third and subsequent incidents of illness in a calendar year, the first day will be deducted”. Employees required to report to the Health Services Section for a peri- odic periodic health assessment will have any loss of pay made up. Should a dispute arise between the employee’s employees’ physician and the Health Services Section as to fitness to resume (or not) their regular or other work, the employee employees shall be referred to an independent medical consultant mutually agreed upon by the Union and the TTC Commission for an inde- pendent independent medical examination (IME), and the consultant’s opinion of the employee’s physical or mental condition shall be considered in the decision finally made as to fitness to re- sume the employee’s fitness to resume their regular or other work. In lodging an appeal from the Health Service’s Services’ original decision, the employee shall guarantee guaran- tee the payment of the consultant’s fee. Should the original decision of the Health Services be revised, the TTC Commission shall pay the consultantconsult- ant’s fee. Should the Health Service’s Services’ original decision be sustained, the consultant’s fee shall be paid by the employee. In all disputes respecting fitness for work (or not) on medical grounds, the independent medical assessment must be utilized before proceeding to arbitration. The letter of referral to the independent medical consul- tant consultant shall be signed by a representative of Management Manage- ment and a repre- sentative representative of the Union and shall contain information provided by the employee’s own Physician as well as any other pertinent per- tinent information. It shall also direct the independent medical consultant con- sultant to send to both the Health Services Section and the Union any report or correspondence concerning the employee or any matter arising out of the referral. The employee shall be required to sign a letter authorizing the foregoing. Should the independent medical consultant’s decision remain in dispute concerning the employee’s fitness for duties, no medical evidence con- cerning concerning the employee’s diagnosis or prognosis other than that provided to the independent medical consultant shall be introduced at any arbi- tration arbitration hearing. Employees Maintenance employees will be required to notify their Supervisor or Xxxxxxxxxx Foreperson of their intention of returning to work the day before actually returning to work. Failure to comply with the above could result in the employee being be- ing assigned other duties. It is understood that no employee will be sent home on account of inabil- ity inability or failure to notify the Foreperson Forepoerson or Supervisor. The Commission and Union agree to their joint responsibility to ensure that employees who are disabled due to injury or illness are afforded all available opportunities to participate in rehabilitation programs, including rehabilitative employment through the Transi- tional Work Program. To support this commitment, the Commission and the Union agree to work together to establish processes which allow for the identifi- cation of rehabilitation opportunities and the successful re- integration of employees into the workplace. Local 113 will be con- sulted of the movement of employees within the term of this Pro- gram. Any disputes arising from the administration of the Program will be addressed through the Management/Union Objectives proc- ess. It is agreed that when opportunities for rehabilitation have been identified, Health Services will discuss these opportunities with the employee and the treating physician and, with their approval, work together with the appropriate health professionals and other resources as may be necessary, to design an individual rehabilitation program.

Sickness. Any employee off duty on account of illness or injury may be required re- quired to produce a doctor’s certificate indicating date(s) of all clinical assess- mentsclini- cal assessments, current medical restrictions and fitness to resume (or not resume) to regular or alternate duties. For non-occupational injury in- jury or illness of 15 consecutive work days or more or when returning return- ing to work with med- ical medical restrictions after a non-occupational injury or illness of any length of time, the employee must submit written authorization from their physician to the Health Services Section prior to the return to work date providing the above information. The employee may be required to visit the Health Services Section for a Return To Work health assessment. To be eligible for SBA benefits, an employee will not be required to provide a medical note for the first five days of absence in each cal- endar year for sickness or injury. From April 22, 2005 until December 31, 2005, all bargaining unit mem- bers members will not be required to provide a medical note for the first three days of absence for sickness or injury within that period. The TTC Commission will delete SBA By-law no. 4 which states “[f]or the third and subsequent incidents of illness in a calendar year, the first day will be deducted”. Employees required to report to the Health Services Section for a peri- odic periodic health assessment will have any loss of pay made up. Should a dispute arise between the employee’s physician and the Health Services Section as to fitness to resume (or not) their regular or other work, the employee shall be referred to an independent medical consultant mutually agreed upon by the Union and the TTC Commission for an inde- pendent independent medical examination (IME), and the consultant’s opinion of the employee’s physical or mental condition shall be considered in the decision finally made as to the employee’s fitness to resume their regular or other work. In lodging an appeal from the Health Service’s original decision, the employee shall guarantee guar- xxxxx the payment of the consultant’s fee. Should the original decision deci- sion of the Health Services be revised, the TTC Commission shall pay the consultant’s fee. Should the Health Service’s original decision be sustained, the consultant’s fee shall be paid by the employee. In all disputes respecting fitness for work (or not) on medical grounds, the independent medical assessment must be utilized before proceeding to arbitration. The letter of referral to the independent medical consul- tant consultant shall be signed by a representative of Management Manage- ment and a repre- sentative representative of the Union and shall contain information provided by the employee’s own Physician as well as any other pertinent per- tinent information. It shall also direct the independent medical consultant con- sultant to send to both the Health Services Section and the Union any report or correspondence concerning the employee or any matter arising out of the referral. The employee shall be required to sign a letter authorizing the foregoing. Should the independent medical consultant’s decision remain in dispute dis- pute concerning the employee’s fitness for duties, no medical evidence con- cerning evi- dence concerning the employee’s diagnosis or prognosis other than that provided to the independent medical consultant shall be introduced intro- duced at any arbi- tration arbitration hearing. Employees will be required to notify their Supervisor or Xxxxxxxxxx Foreperson of their intention of returning to work the day before actually returning return- ing to work. Failure to comply with the above could result in the employee being assigned other duties. It is understood that no employee will be sent home on account of inabil- ity inability or failure to notify the Foreperson or Supervisor.