Common use of Transitional Duty Program Clause in Contracts

Transitional Duty Program. Section 1. A return to work program has been established and shall be available for those employees who become physically unable to perform the full scope of their current job for a specified amount of time due to occupational or non-occupational illness or injury. It is understood, that employees shall not be put into a transitional duty position unless there is reasonable expectation the employee will be able to return to his/her former position without restriction at the end of the transitional duty assignment. Section 2. Employees collecting payments for lost time as a result of an occupational or non- occupational injury, may be routinely requested to be evaluated by an Associate Health provider, but not more than once per month. Section 3. If an employee’s attending physician and the Associate Health Service provider agree that the employee can be placed in a transitional duty assignment, the following procedure shall be applied. a.) Based on the medical documentation provided, the Employer may request a return to work physical and the employee must comply. b.) The Associate Health Service Provider will perform the return to work physical, the purpose of which is to determine the appropriateness for placement of the employee into transitional duty or full duty. c.) Each department, in conjunction with Integrated Disability Management and the Human Resource Department, will evaluate and determine the work available that will be considered appropriate for transitional duty. An employee who is classified for transitional duty work will be provided such work which is suitable to his/her physical condition, when it is available. If a transitional duty assignment is not available in the employee’s department, an assignment within his/her site and bargaining unit will be provided if available. If a transitional duty assignment is not available within their bargaining unit, the employee will have the option of accepting a suitable position outside of their bargaining unit, if available. If the employee elects to decline a position in either instance, supplementary payments from the employees’ sick bank will be discontinued. d.) The initial assignment of transitional duty will be for a period not to exceed six (6) weeks and renewable for a second period not to exceed six (6) weeks based on medical evaluation from the employees’ attending physician and the Associate Health Service provider. e.) Assignment to a transitional duty position will be at the employee's current rate of pay, category of employment, and in his/her former shift. The employee and the Employer may mutually agree to waive the shift requirement. f.) It is understood that an employee’s restriction may require that he/she work less than the normal category of employment requirements. In that instance, the category of employment requirements will be waived. If an employee works in a transitional duty capacity and NYS Disability or Workers’ Compensation payments are reduced or eliminated, supplemental hours will be deducted from their extended sick bank and paid to them in an amount which, when added to transitional duty hours equals normally budgeted hours. g.) The Employer shall provide a minimum of two (2) days, written notice to the employee of the requirement to return to work, for those employees who have been off work from fourteen (14) to forty-nine (49) calendar days and five (5) days written notice for those employees who have been off work fifty (50) calendar days or longer. It is understood that the notice may be personally given to the employee. h.) If an employee is classified for transitional duty and the work assignment is made suitable to his/her physical condition, skill and qualification, that employee must report to work in that position. If the employee elects to decline a transitional duty position, Extended Sick Leave payments from the employee’s sick bank will be discontinued. i.) Regardless of the work assignment all benefits and provisions of the employee's collective bargaining agreement will apply.

Transitional Duty Program. Section 1. A return to work program has been established and shall be available for those employees who become physically unable to perform the full scope of their current job for a specified amount of time due to an occupational or non-occupational illness or injury. It is understood, that employees shall not be put into a transitional duty position unless there is reasonable expectation the employee will be able to return to his/her former position as an RN without restriction restrictions at the end of the transitional duty assignment. Section 2. Employees collecting payments for lost time as a result of an occupational or non- occupational injury, may be routinely requested to be evaluated by an Associate Health provider, but not more than once per month. Section 3. If an employee’s attending physician and the Associate Health Service provider agree that the employee can be placed in a transitional duty assignment, the following procedure shall be applied: a.) The employee will contact Integrated Disability Management and request transitional day. a.b.) Based on the medical documentation provided, the Employer Employer/Hospital may request a return to work physical and the employee must comply. b.c.) The Associate Health Service Provider provider will perform the return to work physical, the purpose of which is to determine the appropriateness for placement of the employee into transitional duty or full duty. c.d.) Each department, in conjunction with Integrated Disability Management and the Human Resource Department, Department will evaluate and determine the work available that will be considered appropriate for transitional duty. An employee who is classified for transitional duty work will be provided such work which work, that is suitable to his/her physical condition, when it is available. If a transitional duty assignment is not available in the employee’s department, an assignment within his/her site and bargaining unit will be provided if available. If a transitional duty assignment is not available within their bargaining unit, the employee will have the option of accepting a suitable position outside of their bargaining unit, if available. If the employee elects to decline a position in either instance, supplementary payments from the employees’ sick bank will be discontinued. d.e.) The initial assignment of transitional duty will be for a period not to exceed six (6) weeks and renewable for a second period not to exceed six (6) weeks weeks, based on medical evaluation from the employees’ employee’s attending physician and the Associate Health Service providerProvider. e.f.) Assignment to a transitional duty position will be at the employee's ’s current rate of pay, category of employment, and in his/her former shiftshift when available. The employee and the Employer Employer/Hospital may mutually agree to waive the shift requirement. f.g.) It is understood that an employee’s restriction may require that he/she work less hours than the normal category of employment requirements. In that instance, the category of employment requirements will be waived. If an employee works in a transitional duty capacity and NYS Disability or Workers’ Compensation disability payments are reduced or eliminated, supplemental hours the employee will be deducted entitled to banked time from their extended sick bank and paid Extended Sick Leave Bank (ESLB) to them in an amount whichensure a full paycheck. If the ESLB has been depleted, when added the employee may elect to transitional duty hours equals normally budgeted use Paid Time Off for the remaining hours. g.h.) The Employer Employees shall provide a minimum of two (2) days, written notice to the employee of the requirement notify Human Resources following clearance to return to work, work on transitional duty. Human Resources will be allowed a reasonable amount of time to locate and arrange for those employees who have been off work from fourteen (14) to forty-nine (49) calendar days and five (5) days written notice for those employees who have been off work fifty (50) calendar days or longer. It is understood that the notice may a transitional duty assignment if one can be personally given to the employeecreated. h.i.) If an employee is classified for transitional duty and the a work assignment is made suitable to his/her physical condition, skill and qualification, that employee must report to work in that position. If the employee elects to decline a transitional duty position, Extended Sick Leave ESL payments from the employee’s sick bank will be discontinued. i.j.) Regardless of the work assignment all benefits and provisions of the employee's collective bargaining agreement will apply.

Transitional Duty Program. Section 1. A return to work program has been established and shall be available for those employees who become physically unable to perform the full scope of their current job for a specified amount of time due to an occupational or non-occupational illness or injury. It is understood, that employees shall not be put into a transitional duty position unless there is reasonable expectation the employee will be able to return to his/her former position as an RN without restriction restrictions at the end of the transitional duty assignment. Section 2. Employees collecting payments for lost time as a result of an occupational or non- occupational injury, may be routinely requested to be evaluated by an Associate Health provider, but not more than once per month. Section 3. If an employee’s attending physician and the Associate Health Service provider agree that the employee can be placed in a transitional duty assignment, the following procedure shall be applied.: a.) Based on the medical documentation provided, the Employer Employer/Hospital may request a return to work physical and the employee must comply. b.) The Associate Health Service Provider provider will perform the return to work physical, the purpose of which is to determine the appropriateness for placement of the employee into transitional duty or full duty. c.) Each department, in conjunction with Integrated Disability Management and the Human Resource Department, Department will evaluate and determine the work available that will be considered appropriate for transitional duty. An employee who is classified for transitional duty work will be provided such work which work, that is suitable to his/her physical condition, when it is available. If a transitional duty assignment is not available in the employee’s department, an assignment within his/his/ her site and bargaining unit will be provided if available. If a transitional duty assignment is not available within their bargaining unit, the employee will have the option of accepting a suitable position outside of their bargaining unit, if available. If the employee elects to decline a position in either instance, supplementary payments from the employees’ sick bank will be discontinued. d.) The initial assignment of transitional duty will be for a period not to exceed six (6) weeks and renewable for a second period not to exceed six (6) weeks weeks, based on medical evaluation from the employees’ employee’s attending physician and the Associate Health Service providerProvider. e.) Assignment to a transitional duty position will be at the employee's ’s current rate of pay, category of employment, and in his/her former shiftshift when available. The employee and the Employer Employer/Hospital may mutually agree to waive the shift requirement. f.) It is understood that an employee’s restriction may require that he/she work less hours than the normal category of employment requirements. In that instance, the category of employment requirements will be waived. If an employee works in a transitional duty capacity and NYS Disability or Workers’ Compensation disability payments are reduced or eliminated, supplemental hours the employee will be deducted entitled to banked time from their extended sick bank and paid Extended Sick Leave Bank (ESLB) to them in an amount whichensure a full paycheck. If the ESLB has been depleted, when added the employee may elect to transitional duty hours equals normally budgeted use Paid Time Off for the remaining hours. g.) The Employer Employees shall provide a minimum of two (2) days, written notice to the employee of the requirement notify Human Resources following clearance to return to work, work on transitional duty. Human Resources will be allowed a reasonable amount of time to locate and arrange for those employees who have been off work from fourteen (14) to forty-nine (49) calendar days and five (5) days written notice for those employees who have been off work fifty (50) calendar days or longer. It is understood that the notice may a transitional duty assignment if one can be personally given to the employeecreated. h.) If an employee is classified for transitional duty and the a work assignment is made suitable to his/her physical condition, skill and qualification, that employee must report to work in that position. If the employee elects to decline a transitional duty position, Extended Sick Leave ESL payments from the employee’s sick bank will be discontinued. i.) Regardless of the work assignment all benefits and provisions of the employee's collective bargaining agreement will apply. Section 3. In a situation where an employee is not off from work due to a disability but would benefit by being placed in a transitional duty position, the Employer (Associate Health Service) and the Union will confer on a case-by-case basis. Section 4. If there is disagreement between the employee’s attending physician and the Associate Health Service Provider in regard to capacity to return to work, an independent medical exam may be ordered by the insurance carrier; results of which will be the determining factor for return to work. Section 5. An employee on a clerical transitional duty assignment will not be counted as staff until the employee is released to perform the essential functions of the assigned duties of that position. Section 6. A review of transitional duty position opportunities will become a regular agenda item at the Workload and Staffing Committee. Section 7. Time worked on transitional duty, excluding clerical transitional duty, shall count as return to work for the purposes of Article 41, Section 7.

Transitional Duty Program. Section 1. A return to work program has been established and shall be available for those employees who become physically unable to perform the full scope of their current job for a specified amount of time due to an occupational or non-occupational illness or injury. It is understood, that employees shall not be put into a transitional duty position unless there is reasonable expectation the employee will be able to return to his/her their former position without restriction restrictions at the end of the transitional duty assignment. Section 2. Employees collecting payments for lost time as a result of an occupational or non- occupational injury, may be routinely requested to be evaluated by an Associate Health provider, but not more than once per month. Section 3. If an employee’s attending physician and the Associate Health Service provider agree that the employee can be placed in a transitional duty assignment, the following procedure shall be applied: a.) The Employee shall request a transitional duty assignment through IDM. a.b.) Based on the medical documentation provided, the Employer Employer/Hospital may request a return to work physical and the employee must comply. b.c.) The Associate Health Service Provider provider will perform the return to work physical, the purpose of which is to determine the appropriateness for placement of the employee into transitional duty or full duty. c.d.) Each department, in conjunction with Integrated Disability Management and the Human Resource Department, will evaluate and determine the work available that will be considered appropriate for transitional duty. An employee who is classified for transitional duty work will be provided such work work, which is suitable to his/her physical condition, condition when it is available. If a transitional duty assignment is not available in the employee’s department, an assignment within his/her site and bargaining unit will be provided if available. If a transitional duty assignment is not available within their his/her bargaining unit, the employee will have the option of accepting a suitable position outside of their his/her bargaining unit, if available. If the employee elects to decline a position in either instance, supplementary payments from the employees’ sick bank will be discontinued. d.e.) The initial assignment of transitional duty will be for a period not to exceed six (6) weeks and renewable for a second period not to exceed six (6) weeks weeks, based on medical evaluation from the employees’ employee's attending physician and the Associate Health Service provider. e.f.) Assignment to a transitional duty position will be at the employee's current rate of pay, category of employment, and in his/her former shift. The employee and the Employer Employer/Hospital may mutually agree to waive the shift requirement. f.g.) It is understood that an employee’s restriction may require that he/she work less hours than the normal category of employment requirements. In that instance, the category of employment requirements will be waived. If an employee works in a transitional duty capacity and NYS Disability disability or Workersworkers’ Compensation compensation payments are reduced or eliminated, supplemental hours the employee will be deducted entitled to banked time from their extended sick bank and paid ESLB to them in an amount which, when added to transitional duty hours equals normally budgeted hoursensure a full pay check. g.h.) The Employer Employer/Hospital shall provide a minimum of two (2) days, written notice to the employee of the requirement to return to work, for those employees who have been off work from fourteen (14) to forty-nine (49) calendar days and five (5) days written notice for those employees who have been off work fifty (50) calendar days or longer. It is understood that the notice may be personally given to the employee. h.) If an employee is classified for transitional duty and the work assignment is made suitable to his/her physical condition, skill and qualification, that employee must report to work in that position. If the employee elects to decline a transitional duty position, Extended Sick Leave payments from the employee’s sick bank will be discontinued. i.) Regardless of the work assignment all benefits and provisions of the employee's collective bargaining agreement will apply.two

Transitional Duty Program. Section 1. A return to work program has been established and shall be available for those employees who become physically unable to perform the full scope of their current job for a specified amount of time due to occupational or non-occupational illness or injury. It is understood, that employees employee shall not be put into a transitional duty position unless there is reasonable expectation the employee will be able to return to his/her their former position without restriction at the end of the transitional duty assignment. Section 2. Employees collecting payments for lost time as a result of an occupational or non- occupational injury, injury may be routinely requested to be evaluated by an Associate Health provider, but not more than once per month. Section 3. If an employee’s attending physician and the Associate Health Service provider agree that the employee can be placed in a transitional duty assignment, the following procedure shall be applied.: a.) Based on the medical documentation provided, the Employer may request a return to work physical and the employee must comply. b.) The Associate Health Service Provider will perform the return to work physical, the purpose of which is to determine the appropriateness for placement of the employee into transitional restricted duty or full duty. c.) Each department, in conjunction with Integrated Disability Management and the Human Resource Department, will evaluate and determine the work available that will be considered appropriate for transitional restricted duty. An employee who is classified for transitional duty work will be provided such work which is suitable to his/her physical condition, when it is available. If a transitional duty assignment is not available in the employee’s department, an assignment within his/her site and bargaining unit will be provided if available. If a transitional duty assignment is not available within their bargaining unit, the employee will have the option of accepting a suitable position outside of their bargaining unit, if available. If the employee elects to decline a position in either instance, supplementary payments from the employees’ sick bank will be discontinued. d.) The initial assignment of transitional duty will be for a period not to exceed six (6) weeks and renewable for a second period not to exceed six (6) weeks based on medical evaluation from the employees’ attending physician and the Associate Health Service provider. e.) Assignment to a transitional duty position will be at the employee's current rate of pay, category of employment, and in his/her former shift. The employee and the Employer may mutually agree to waive the shift requirement. f.) It is understood that an employee’s restriction may require that he/she work less than the normal category of employment requirements. In that instance, the category of employment requirements will be waived. If an employee works in a transitional duty capacity and NYS Disability or Workers’ Compensation payments are reduced or eliminated, supplemental hours will be deducted from their extended sick bank and paid to them in an amount which, when added to transitional duty hours equals normally budgeted hours. g.) The Employer shall provide a minimum of two (2) days, written notice to the employee of the requirement to return to work, for those employees who have been off work from fourteen (14) to forty-nine (49) calendar days and five (5) days written notice for those employees who have been off work fifty (50) calendar days or longer. It is understood that the notice may be personally given to the employee. h.) If an employee is classified for transitional duty and the work assignment is made suitable to his/her physical condition, skill and qualification, that employee must report to work in that position. If the employee elects to decline a transitional duty position, Extended Sick Leave payments from the employee’s sick bank will be discontinued. i.) Regardless of the work assignment all benefits and provisions of the employee's collective bargaining agreement will apply.

Transitional Duty Program. Section 1. A return to work program has been established and shall be available for those employees who become physically unable to perform the full scope of their current job for a specified amount of time due to an occupational or non-occupational illness or injury. It is understood, that employees shall not be put into a transitional duty position unless there is reasonable expectation the employee will be able to return to his/her former position as an employee without restriction restrictions at the end of the transitional duty assignment. Section 2. Employees collecting payments for lost time as a result of an occupational or non- occupational injury, may be routinely requested to be evaluated by an Associate Health provider, but not more than once per month. Section 3. If an employee’s attending physician and the Associate Health Service provider agree that the employee can be placed in a transitional duty assignment, the following procedure shall be applied.: a.) Based on the medical documentation provided, the Employer Employer/Hospital may request a return to work physical and the employee must comply. b.) The Associate Health Service Provider provider will perform the return to work physical, the purpose of which is to determine the appropriateness for placement of the employee into transitional duty or full duty. c.) Each department, in conjunction with Integrated Disability Management and the Human Resource Department, will evaluate and determine the work available that will be considered appropriate for transitional duty. An employee who is classified for transitional duty work will be provided such work which that is suitable to his/her physical condition, when it is available. If a transitional duty assignment is not available in the employee’s department, an assignment within his/her site and bargaining unit will be provided if available. If a transitional duty assignment is not available within their bargaining unit, the employee will have the option of accepting a suitable position outside of their bargaining unit, if available. If the employee elects to decline a position in either instance, supplementary payments from the employees’ sick bank will be discontinued. d.) The initial assignment of transitional duty will be for a period not to exceed six (6) weeks and renewable for a second period not to exceed six (6) weeks weeks, based on medical evaluation from the employees’ employee’s attending physician and the Associate Health Service providerProvider. e.) Assignment to a transitional duty position will be at the employee's ’s current rate of pay, category of employment, and in his/her former shiftshift when available. The employee and the Employer Employer/Hospital may mutually agree to waive the shift requirement. f.) It is understood that an employee’s restriction may require that he/she work less hours than the normal category of employment requirements. In that instance, the category of employment requirements will be waived. If an employee works in a transitional duty capacity and NYS Disability or Workers’ Compensation disability payments are reduced or eliminated, supplemental hours the employee will be deducted entitled to banked time from their extended sick bank and paid Extended Sick Leave Bank (ESLB) to them in an amount whichensure a full paycheck. If the ESLB has been depleted, when added the employee may elect to transitional duty hours equals normally budgeted use Paid Time Off for the remaining hours. g.) The Employer Employees shall provide a minimum of two (2) days, written notice to the employee of the requirement notify Human Resources following clearance to return to work, work on transitional duty. Human Resources will be allowed a reasonable amount of time to locate and arrange for those employees who have been off work from fourteen (14) to forty-nine (49) calendar days and five (5) days written notice for those employees who have been off work fifty (50) calendar days or longer. It is understood that the notice may a transitional duty assignment if one can be personally given to the employeecreated. h.) If an employee is classified for transitional duty and the a work assignment is made suitable to his/her physical condition, skill and qualification, that employee must report to work in that position. If the employee elects to decline a transitional duty position, Extended Sick Leave ESL payments from the employee’s sick bank will be discontinued. i.) Regardless of the work assignment all benefits and provisions of the employee's collective bargaining agreement will apply. Section 3. In a situation where an employee is not off from work due to a disability but would benefit by being placed in a transitional duty position, the Employer (Associate Health Service) and the Union will confer on a case-by-case basis. Section 4. If there is disagreement between the employee’s attending physician and the Associate Health Service Provider in regard to capacity to return to work, an independent medical exam may be ordered by the insurance carrier; results of which will be the determining factor for return to work. Section 5. An employee on a clerical transitional duty assignment will not be counted as staff until the employee is released to perform the essential functions of the assigned duties of that position. Section 6. A review of transitional duty position opportunities will become a regular agenda item at the Workload and Staffing Committee. Section 7. Time worked on transitional duty, excluding clerical transitional duty, shall count as return to work for the purposes of Article 41, Section 7.

Transitional Duty Program. Section 1. A return to work program has been established and shall be available for those employees who become physically unable to perform the full scope of their current job for a specified amount of time due to an occupational or non-occupational illness or injury. It is understood, that employees shall not be put into a transitional duty position unless there is reasonable expectation the employee will be able to return to his/her their former position without restriction restrictions at the end of the transitional duty assignment. Section 2. Employees collecting payments for lost time as a result of an occupational or non- occupational injury, may be routinely requested to be evaluated by an Associate Health provider, but not more than once per month. Section 3. If an employee’s attending physician and the Associate Health Service provider agree that the employee can be placed in a transitional duty assignment, the following procedure shall be applied: a.) The Employee shall request a transitional duty assignment through IDM. a.b.) Based on the medical documentation provided, the Employer Employer/Hospital may request a return to work physical and the employee must comply. b.c.) The Associate Health Service Provider provider will perform the return to work physical, the purpose of which is to determine the appropriateness for placement of the employee into transitional duty or full duty. c.d.) Each department, in conjunction with Integrated Disability Management and the Human Resource Department, will evaluate and determine the work available that will be considered appropriate for transitional duty. An employee who is classified for transitional duty work will be provided such work work, which is suitable to his/her physical condition, condition when it is available. If a transitional duty assignment is not available in the employee’s department, an assignment within his/her site and bargaining unit will be provided if available. If a transitional duty assignment is not available within their his/her bargaining unit, the employee will have the option of accepting a suitable position outside of their his/her bargaining unit, if available. If the employee elects to decline a position in either instance, supplementary payments from the employees’ sick bank will be discontinued. d.e.) The initial assignment of transitional duty will be for a period not to exceed six (6) weeks and renewable for a second period not to exceed six (6) weeks weeks, based on medical evaluation from the employees’ employee's attending physician and the Associate Health Service provider. e.f.) Assignment to a transitional duty position will be at the employee's current rate of pay, category of employment, and in his/her former shift. The employee and the Employer Employer/Hospital may mutually agree to waive the shift requirement. f.g.) It is understood that an employee’s restriction may require that he/she work less hours than the normal category of employment requirements. In that instance, the category of employment requirements will be waived. If an employee works in a transitional duty capacity and NYS Disability disability or Workersworkers’ Compensation compensation payments are reduced or eliminated, supplemental hours the employee will be deducted entitled to banked time from their extended sick bank and paid ESLB to them in an amount which, when added to transitional duty hours equals normally budgeted hoursensure a full pay check. g.h.) The Employer Employer/Hospital shall provide a minimum of two (2) days, days written notice to the employee of the requirement to return to work, for those employees who have been off work from fourteen (14) to forty-nine (49) calendar days and five (5) days written notice for those employees who have been off work fifty (50) calendar days or longer. It is understood that the notice may be personally given to the employee.requirement h.i.) If an employee is classified for transitional duty and the work assignment is made made, suitable to his/her physical condition, skill and qualification, that employee must report to work in that position. If the employee elects to decline a transitional duty position, Extended Sick Leave ESL payments from the employee’s sick 's bank will be discontinued. i.j.) Regardless of the work assignment all benefits and provisions of the employee's collective bargaining agreement will apply. Section 3. In a situation where an employee is not off from work due to a disability but would benefit by being placed in a transitional duty position, the Employer (Associate Health Service) and the Union will confer on a case-by-case basis. Section 4. If there is disagreement between the employee's attending physician and the Associate Health Service Provider in regard to capacity to return to work an independent medical exam may be ordered by the insurance carrier the results of which will be the determining factor for return to work. Such exam shall be paid for by the Employer/Hospital. Section 5. An employee on transitional duty will not be counted as staff unless the employee is released to perform all of the assigned duties of that position. Section 6. A review of transitional duty positions/opportunities will become a regular agenda item at the Health and Safety Committee.

Transitional Duty Program. Section 1. A return to work program has been established and shall be available for those employees who become physically unable to perform the full scope of their current job for a specified amount of time due to occupational or non-occupational illness or injury. It is understood, that employees employee shall not be put into a transitional duty position unless there is reasonable expectation the employee will be able to return to his/her their former position without restriction at the end of the transitional duty assignment. Section 2. Employees collecting payments for lost time as a result of an occupational or non- occupational injury, injury may be routinely requested to be evaluated by an Associate Health provider, but not more than once per month. Section 3. If an employee’s attending physician and the Associate Health Service provider agree that the employee can be placed in a transitional duty assignment, the following procedure shall be applied.: a.) Based on the medical documentation provided, the Employer may request a return to work physical and the employee must comply. b.) The Associate Health Service Provider will perform the return to work physical, the purpose of which is to determine the appropriateness for placement of the employee into transitional restricted duty or full duty. c.) Each department, in conjunction with Integrated Disability Management and the Human Resource Department, will evaluate and determine the work available that will be considered appropriate for transitional restricted duty. An employee who is classified for transitional duty work will be provided such work which is suitable to his/her physical condition, when it is available. If a transitional duty assignment is not available in the employee’s department, an assignment within his/her site and bargaining unit will be provided if available. If a transitional duty assignment is not available within their bargaining unit, the employee will have the option of accepting a suitable position outside of their bargaining unit, if available. If the employee elects to decline a position in either instance, supplementary payments from the employees’ sick bank will be discontinued. d.) The initial assignment of transitional duty will be for a period not to exceed six (6) weeks and renewable for a second period not to exceed six (6) weeks based on medical evaluation from the employees’ attending physician and the Associate Health Service provider. e.) Assignment to a transitional duty position will be at the employee's current rate of pay, category of employment, and in his/her former shift. The employee and the Employer may mutually agree to waive the shift requirement. f.) It is understood that an employee’s restriction may require that he/she work less than the normal category of employment requirements. In that instance, the category of employment requirements will be waived. If an employee works in a transitional duty capacity and NYS Disability or Workers’ Compensation payments are reduced or eliminated, supplemental hours will be deducted from their extended sick bank and paid to them in an amount which, when added to transitional duty hours equals normally budgeted hours. g.) The Employer shall provide a minimum of two (2) days, written notice to the employee of the requirement to return to work, for those employees who have been off work from fourteen (14) to forty-nine (49) calendar days and five (5) days written notice for those employees who have been off work fifty (50) calendar days or longer. It is understood that the notice may be personally given to the employee. h.) If an employee is classified for transitional duty and the work assignment is made suitable to his/her physical condition, skill and qualification, that employee must report to work in that position. If the employee elects to decline a transitional duty position, Extended Sick Leave payments from the employee’s sick bank will be discontinued. i.) Regardless of the work assignment all benefits and provisions of the employee's collective bargaining agreement will apply. Section 4. In situations where an employee is not off from work due to a disability but would benefit by being placed in a transitional duty position, the Employer (Associate Health Service) and the Union will confer on a case-by-case basis. Section 5. If there is disagreement between the employee’s attending physician and the Associate Health Service provider in regard to capacity to return to work, an independent medical exam may be ordered by the insurance carrier, the results of which will be the determining factor for return to work. Such exam shall be paid for by the Employer. Section 6. An employee on transitional duty will not be counted as staff unless the employee is released to perform all of the assigned duties of that position. Section 7. A review of transitional duty positions/opportunities will become a regular agenda item at the Health and Safety Committee.