Common use of Unpaid Disability Leave Clause in Contracts

Unpaid Disability Leave. A. A Bargaining Unit member may request an unpaid disability leave if he/she continues to be injured, ill or physically incapacitated from the performance of the regular duties of his/her position after he/she has exhausted his/her accumulated sick leave. B. The Employer may place a Bargaining Unit member on an unpaid disability leave after the Bargaining Unit member has exhausted their accumulated sick leave if, after an informal hearing (with Union representation) concerning the Bargaining Unit member’s condition, the Employer determines that the individual is unable to perform the regular duties of his/her position because of the illness, injury or other physical or mental disability. Prior to the hearing, the Employer shall require the Bargaining Unit member to submit to an examination conducted by a licensed physician, psychiatrist or psychologist, at the County’s expense, as appropriate to the circumstances. The Bargaining Unit member may also choose to be examined by his personal physician and submit that examination at the hearing. If the County’s physician and the Bargaining Unit member’s physician disagree, the two doctors’ will select a third doctor and the parties will abide by this decision and split the cost not covered by the health insurance plan. C. Within three (3) years from the effective date of the unpaid disability leaves; the Bargaining Unit member may apply for reinstatement. Effective the signing date of the 2018-2020 Agreement, the reinstatement period for newly disabled members shall be two (2) years from the date of unpaid disability leave (in accordance with 123:1-30-04) After receipt of a timely application for reinstatement, the Employer shall require examination of the Bargaining Unit member by a licensed physician, psychiatrist or psychologist, as appropriate to the circumstances, and may designate the person to conduct the examination. The examination shall be done at the County’s expense. If the examination discloses that the Bargaining Unit member has recovered from the disability and is otherwise able to perform the regular duties of his/her position, the Employer shall reinstate the Bargaining Unit member within thirty (30) calendar days from the Bargaining Unit member’s written application to his/her former position or to a similar position within the same classification. D. A Bargaining Unit member on an unpaid disability leave does not earn sick leave or vacation leave, nor is he/she entitled to any holiday pay. A Bargaining Unit member on an unpaid disability leave must pay the premium cost for health insurance for his/herself (and for dependent coverage, if applicable) in order to keep the coverage in effect during the leave, unless the Bargaining Unit member was injured while on the job for the Brown County Commissioners/Communications Center and has exhausted all his/her paid leave, in which case the Commissioners/Communications Center will pay the County’s share of the Bargaining Unit member’s hospitalization premium for a period of three (3) months inclusive of Family Medical Leave Act leave. The Employer will comply with C.O.B.R.A. where appropriate. E. If the disability is a result of an on the job injury the bargaining unit member will not be required to exhaust his/her sick leave prior to utilizing disability leave.

Unpaid Disability Leave. ‌ A. A Bargaining Unit member may request an unpaid disability leave if he/she continues to be injured, ill or physically incapacitated from the performance of the regular duties of his/her position after he/she has exhausted his/her accumulated sick leave. B. The Employer may place a Bargaining Unit member on an unpaid disability leave after the Bargaining Unit member has exhausted their accumulated sick leave if, after an informal hearing (with Union representation) concerning the Bargaining Unit member’s condition, the Employer determines that the individual is unable to perform the regular duties of his/her position because of the illness, injury or other physical or mental disability. Prior to the hearing, the Employer shall require the Bargaining Unit member to submit to an examination conducted by a licensed physician, psychiatrist or psychologist, at the County’s expense, as appropriate to the circumstances. The Bargaining Unit member may also choose to be examined by his personal physician and submit that examination at the hearing. If the County’s physician and the Bargaining Unit member’s physician disagree, the two doctors’ will select a third doctor and the parties will abide by this decision and split the cost not covered by the health insurance plan. C. Within three two (32) years from the effective date of the unpaid disability leaves; the Bargaining Unit member may apply for reinstatement. Effective the signing date of the 2018-2020 Agreement, the reinstatement period for newly disabled members shall be two (2) years from the date of unpaid disability leave (in accordance with 123:1-30-04) After receipt of a timely application for reinstatement, the Employer shall require examination of the Bargaining Unit member by a licensed physician, psychiatrist or psychologist, as appropriate to the circumstances, and may designate the person to conduct the examination. The examination shall be done at the County’s expense. If the examination discloses that the Bargaining Unit member has recovered from the disability and is otherwise able to perform the regular duties of his/her position, the Employer shall reinstate the Bargaining Unit member within thirty (30) calendar days from the Bargaining Unit member’s written application to his/her former position or to a similar position within the same classification. D. A Bargaining Unit member on an unpaid disability leave does not earn sick leave or vacation leave, nor is he/she entitled to any holiday pay. A Bargaining Unit member on an unpaid disability leave must pay the premium cost for health insurance for his/herself (and for dependent coverage, if applicable) in order to keep the coverage in effect during the leave, unless the Bargaining Unit member was injured while on the job for the Brown County Commissioners/Communications Center and has exhausted all his/her paid leave, in which case the Commissioners/Communications Center will pay the County’s share of the Bargaining Unit member’s hospitalization premium for a period of three (3) months inclusive of Family Medical Leave Act leave. The Employer will comply with C.O.B.R.A. where appropriate. E. If the disability is a result of an on the job injury the bargaining unit member will not be required to exhaust his/her sick leave prior to utilizing disability leave.

Unpaid Disability Leave. A. A Bargaining Unit member may request an unpaid disability leave if he/she continues to be injured, ill or physically incapacitated from the performance of the regular duties of his/her position after he/she has exhausted his/her accumulated sick leave. B. The Employer may place a Bargaining Unit member on an unpaid disability leave after the Bargaining Unit member has exhausted their accumulated sick leave if, after an informal hearing (with Union representation) concerning the Bargaining Unit member’s condition, the Employer determines that the individual is unable to perform the regular duties of his/her position because of the illness, injury or other physical or mental disability. Prior to the hearing, the Employer shall require the Bargaining Unit member to submit to an examination conducted by a licensed physician, psychiatrist or psychologist, at the County’s expense, as appropriate to the circumstances. The Bargaining Unit member may also choose to be examined by his personal physician and submit that examination at the hearing. If the County’s physician and the Bargaining Unit member’s physician disagree, the two doctors’ will select a third doctor and the parties will abide by this decision and split the cost not covered by the health insurance plan. C. Within three (3) years from the effective date of the unpaid disability leaves; the Bargaining Unit member may apply for reinstatement. Effective the signing date of the 2018-2020 Agreement, the reinstatement period for newly disabled members shall be two (2) years from the date of unpaid disability leave (in accordance with 123:1-30-04) After receipt of a timely application for reinstatement, the Employer shall require examination of the Bargaining Unit member by a licensed physician, psychiatrist or psychologist, as appropriate to the circumstances, and may designate the person to conduct the examination. The examination shall be done at the County’s expense. If the examination discloses that the Bargaining Unit member has recovered from the disability and is otherwise able to perform the regular duties of his/her position, the Employer shall reinstate the Bargaining Unit member within thirty (30) calendar days from the Bargaining Unit member’s written application to his/her former position or to a similar position within the same classification. D. A Bargaining Unit member on an unpaid disability leave does not earn sick leave or vacation leave, nor is he/she entitled to any holiday pay. A Bargaining Unit member on an unpaid disability leave must pay the premium cost for health insurance for his/herself (and for dependent coverage, if applicable) in order to keep the coverage in effect during the leave, unless the Bargaining Unit member was injured while on the job for the Brown Xxxxx County Commissioners/Communications Center and has exhausted all his/her paid leave, in which case the Commissioners/Communications Center will pay the County’s share of the Bargaining Unit member’s hospitalization premium for a period of three (3) months inclusive of Family Medical Leave Act leave. The Employer will comply with C.O.B.R.A. where appropriate. E. If the disability is a result of an on the job injury the bargaining unit member will not be required to exhaust his/her sick leave prior to utilizing disability leave.