Common use of Compulsory Leave Clause in Contracts

Compulsory Leave. a. If the University President believes an employee is unable to perform assigned duties due to illness or injury, the President shall inform the employee in writing of the basis for the President's belief and may require the employee to obtain a medical examination by a doctor chosen and paid for by the University or by a doctor chosen and paid for by the employee who is acceptable to the University. Refusal of an employee to submit to a medical examination may result in suspension of the employee or other disciplinary action. The doctor shall submit an opinion to the President as to whether the employee (1) has a physical or mental condition which constitutes a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) has a physical or mental condition which prevents the employee from performing the duties required by the position of employment. A copy of the doctor's opinion shall be given to the employee. At the employee's discretion and expense, a second medical opinion may be obtained for consideration by the President. If two medical opinions are obtained which are in conflict, the two doctors or the relevant professional association or society shall be requested to identify a third doctor to supply an additional medical opinion for consideration by the President. The expense of the third doctor's opinion shall be shared equally by the employee and the University. b. If, after reviewing the medical opinions and other materials relevant to the employee's illness or injury, the President concludes that the employee (1) presents a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) is unable to perform the duties required by the position of employment, the President shall place the employee on compulsory leave. The President shall notify the employee in writing of the duration of the compulsory leave period. Any earned leave credits shall be used during the compulsory leave period. That portion of the compulsory leave, if any, which is not covered by earned leave credit shall be without pay. c. After expiration of one-half of the compulsory leave period, the employee may, upon prior notice to the University, and at the employee's expense, seek a medical opinion from a doctor acceptable to the University as to the ability of the employee to return to work. If after reviewing the opinion and other materials relevant to the employee's illness or injury the President concludes the employee is able to return to work, the employee may return to work at the beginning of the next academic term of the University. d. If, after reviewing the opinion of a doctor chosen and paid for by the University or by a doctor chosen and paid for by the employee who is acceptable to the University, and other materials relevant to the employee's illness or injury the President concludes an employee is unable to return to work at the end of the compulsory leave, the President may (1) extend the period of compulsory leave, or (2) request the employee's resignation or (3) if the University cannot reasonably accommodate the illness or injury, recommend termination in accordance with the procedures provided in Article 13. Termination under these circumstances shall not be considered to be a disciplinary action.

Compulsory Leave. a. If the University President believes an employee is unable to perform assigned duties due to illness or injury, the President shall inform the employee in writing of the basis for the President's belief and may require the employee to obtain a medical examination by a doctor chosen and paid for by the University or by a doctor chosen and paid for by the employee who is acceptable to the University. Refusal of an employee to submit to a medical examination may result in suspension of the employee or other disciplinary action. The doctor shall submit an opinion to the President as to whether the employee (1) has a physical or mental condition which constitutes a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) has a physical or mental condition which prevents the employee from performing the duties required by the position of employment. A copy of the doctor's opinion shall be given to the employee. At the employee's discretion and expense, a second medical opinion may be obtained for consideration by the President. If two medical opinions are obtained which are in conflict, the two doctors or the relevant professional association or society shall be requested to identify a third doctor to supply an additional medical opinion for consideration by the President. The expense of the third doctor's opinion shall be shared equally by the employee and the University. b. If, after reviewing the medical opinions and other materials relevant to the employee's illness or injury, the President concludes that the employee (1) presents a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) is unable to perform the duties required by the position of employment, the President shall place the employee on compulsory leave. The President shall notify the employee in writing of the duration of the compulsory leave period. Any earned leave credits shall be used during the compulsory leave period. That portion of the compulsory leave, if any, which is not covered by earned leave credit credits shall be without pay. c. After expiration of one-half of the compulsory leave period, the employee may, upon prior notice to the University, and at the employee's expense, seek a medical opinion from a doctor acceptable to the University as to the ability of the employee to return to work. If after reviewing the opinion and other materials relevant to the employee's illness or injury the President concludes the employee is able to return to work, the employee may return to work at the beginning of the next academic term of the University. d. If, after reviewing the opinion of a doctor chosen and paid for by the University or by a doctor chosen and paid for by the employee who is acceptable to the University, and other materials relevant to the employee's illness or injury the President concludes an employee is unable to return to work at the end of the a compulsory leave, the President may (1) extend the period of compulsory leave, or (2) request the employee's resignation or (3) if the University cannot reasonably accommodate the illness or injury, recommend termination in accordance with the procedures provided in Article 1316. Termination under these circumstances shall not be considered to be a disciplinary action.

Compulsory Leave. a. If the University President believes an employee is unable to perform assigned duties due to illness or injury, the President shall inform the employee in writing of the basis for the President's belief and may require the employee to obtain a medical examination by a doctor chosen and paid for by the University or by a doctor chosen and paid for by the employee who is acceptable to the University. Refusal of an employee to submit to a medical examination may result in suspension of the employee or other disciplinary action. The doctor shall submit an opinion to the President as to whether the employee (1) has a physical or mental condition which constitutes a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) has a physical or mental condition which prevents the employee from performing the duties required by the position of employment. A copy of the doctor's opinion shall be given to the employee. At the employee's discretion and expense, a second medical opinion may be obtained for consideration by the President. If two medical opinions are obtained which are in conflict, the two doctors or the relevant professional association or society shall be requested to identify a third doctor to supply an additional medical opinion for consideration by the President. The expense of the third doctor's opinion shall be shared equally by the employee and the University. b. If, after reviewing the medical opinions and other materials relevant to the employee's illness or injury, the President concludes that the employee (1) presents a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) is unable to perform the duties required by the position of employment, the President shall place the employee on compulsory leave. The President shall notify the employee in writing of the duration of the compulsory leave period. Any earned leave credits shall be used during the compulsory leave period. That portion of the compulsory leave, if any, which is not covered by earned leave credit credits shall be without pay. c. After expiration of one-half of the compulsory leave period, the employee may, upon prior notice to the University, and at the employee's expense, seek a medical opinion from a doctor acceptable to the University as to the ability of the employee to return to work. If after reviewing the opinion and other materials relevant to the employee's illness or injury the President concludes the employee is able to return to work, the employee may return to work at the beginning of the next academic term of the University. d. If, after reviewing the opinion of a doctor chosen and paid for by the University or by a doctor chosen and paid for by the employee who is acceptable to the University, and other materials relevant to the employee's illness or injury the President concludes an employee is unable to return to work at the end of the a compulsory leave, the President may may (1) extend the period of compulsory leave, or (2) request the employee's resignation or (3) if the University cannot reasonably accommodate the illness or injury, recommend termination in accordance with the procedures provided in Article 13. Termination under these circumstances shall not be considered to be a disciplinary action.or

Compulsory Leave. a. A. If the University President believes has a reasonable belief, based on objective evidence, that: (1) an employee is unable Employee’s ability to perform assigned duties the Employee’s essential job functions is being impaired by a medical condition; or (2) an Employee is posing a direct threat of harm to the Employee’s own safety or health, or to the health or safety of others due to illness or injurya medical condition, then the University President shall may inform the employee Employee in writing of the basis for the University President's ’s belief and may require the employee Employee to obtain a medical examination by a doctor chosen and paid for by the University or by a doctor chosen and paid for by the employee Employee who is acceptable to the University. Prior to such an examination the University President shall provide the doctor who conducts the examination with specific information about the essential functions of the Employee’s job. The required examination will not exceed the scope of the specific medical condition at issue and will be limited to a request that the doctor submit an opinion to the University President as to whether the Employee is able to: (1) perform the essential job functions of the Employee’s job with or without reasonable accommodation; or (2) continue to work without posing a direct threat to the Employee’s own safety or health, or to the health or safety of others. A copy of the doctor’s opinion shall be given to the Employee. Refusal of an employee Employee to submit to such a medical examination may result in suspension of the employee Employee or other disciplinary action. The doctor shall submit an opinion to the President as to whether the employee (1) has a physical or mental condition which constitutes a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) has a physical or mental condition which prevents the employee from performing the duties required by the position of employment. A copy of the doctor's opinion shall be given to the employee. At the employee's Employee’s discretion and expense, expense a second such medical opinion may be obtained for consideration by the University President. If two medical opinions are obtained which are in conflict, then the two doctors or the relevant professional association or society shall be requested to identify a third doctor to supply an additional a third medical opinion for consideration by the University President. The expense of the a third doctor's such opinion shall be shared equally by the employee Employee and the University. The University shall keep all information concerning the medical condition or history of the Employee confidential, and maintain such information on separate forms and in separate medical files, apart from the Employee’s official personnel files. b. B. If, after reviewing the an objective individual assessment of such medical opinions and opinions, other materials specific evidence relevant to the employee's illness or injuryEmployee’s current ability to perform the essential functions of the Employee’s job, and possible reasonable accommodations for a medical condition that is a disability under the provisions of the Americans with Disabilities Act (ADA) which reasonable accommodations do not impose an undue burden on the University, the University President concludes that the employee Employee (1) presents a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) is presently unable to perform the duties required by the position of employment, the President shall place the employee on compulsory leave. The President shall notify the employee in writing essential functions of the duration of the compulsory leave period. Any earned leave credits shall be used during the compulsory leave period. That portion of the compulsory leave, if any, which is not covered by earned leave credit shall be without pay. c. After expiration of one-half of the compulsory leave period, the employee may, upon prior notice to the University, and at the employee's expense, seek a medical opinion from a doctor acceptable to the University as to the ability of the employee to return to work. If after reviewing the opinion and other materials relevant to the employee's illness or injury the President concludes the employee is able to return to work, the employee may return to work at the beginning of the next academic term of the University. d. If, after reviewing the opinion of a doctor chosen and paid for by the University or by a doctor chosen and paid for by the employee who is acceptable to the University, and other materials relevant to the employee's illness or injury the President concludes an employee is unable to return to work at the end of the compulsory leave, the President may (1) extend the period of compulsory leave, or (2) request the employee's resignation or (3) if the University cannot reasonably accommodate the illness or injury, recommend termination in accordance with the procedures provided in Article 13. Termination under these circumstances shall not be considered to be a disciplinary action.Employee’s job; or

Compulsory Leave. a. (a) If the University President believes has a reasonable belief, based on objective evidence, that: (1) an employee is unable Employee’s ability to perform assigned duties the Employee’s essential job functions is being impaired by a medical condition; or (2) an Employee is posing a direct threat of harm to the Employee’s own safety or health, or to the health or safety of others due to illness or injurya medical condition, then the University President shall may inform the employee Employee in writing of the basis for the University President's ’s belief and may require the employee Employee to obtain a medical examination by a doctor chosen and paid for by the University or by a doctor chosen and paid for by the employee Employee who is acceptable to the University. Prior to such an examination the University President shall provide the doctor who conducts the examination with specific information about the essential functions of the Employee’s job. The required examination will not exceed the scope of the specific medical condition at issue and will be limited to a request that the doctor submit an opinion to the University President as to whether the Employee is able to: (1) perform the essential job functions of the Employee’s job with or without reasonable accommodation; or (2) continue to work without posing a direct threat to the Employee’s own safety or health, or to the health or safety of others. A copy of the doctor’s opinion shall be given to the Employee. Refusal of an employee Employee to submit to such a medical examination may result in suspension of the employee Employee or other disciplinary action. The doctor shall submit an opinion to the President as to whether the employee (1) has a physical or mental condition which constitutes a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) has a physical or mental condition which prevents the employee from performing the duties required by the position of employment. A copy of the doctor's opinion shall be given to the employee. At the employee's Employee’s discretion and expense, expense a second such medical opinion may be obtained for consideration by the University President. If two medical opinions are obtained which are in conflict, then the two doctors or the relevant professional association or society shall be requested to identify a third doctor to supply a third medical opinion for consideration by the University President. The expense of a third such opinion shall be shared equally by the Employee and the University. The University shall keep all information concerning the medical condition or history of the Employee confidential, and maintain such information on separate forms and in separate medical files, apart from the Employee’s official personnel files. (b) If, after an objective individual assessment of such medical opinions, other specific evidence relevant to the Employee’s current ability to perform the essential functions of the Employee’s job, and possible reasonable accommodations for a medical condition that is a disability under the provisions of the Americans with Disabilities Act (ADA) which reasonable accommodations do not impose an undue burden on the University, the University President concludes that the Employee (1) is presently unable to perform the essential functions of the Employee’s job; or (2) presently presents a direct threat to the Employee’s own safety or health, or to the health or safety of others, the University President shall place the Employee on compulsory leave. The University President shall notify the Employee in writing of the duration of the compulsory leave period. Any earned leave shall be used during the compulsory leave period. That portion of the compulsory leave, if any, which is not covered by earned leave shall be without pay. (c) After expiration of one-half of the compulsory leave period the Employee may, upon written notice to the University President, and at the Employee’s expense, seek a medical opinion from a doctor acceptable to the University as to the ability of the Employee to return to work. Prior to seeking such a medical opinion the University President shall provide the doctor who is to conduct the examination specific information about the essential functions of the Employee’s job. The examination will not exceed the scope of the specific medical condition at issue and will be limited to a request that the doctor submit an opinion to the University President as to whether the Employee is able to return to work and (1) perform the essential job functions of the Employee’s job with or without reasonable accommodation; or return to work (2) without posing a direct threat to the Employee’s own safety or health, or to the health or safety of others. A copy of the doctor’s opinion shall be given to the Employee. At the Employee’s discretion and expense a second medical opinion may be obtained for consideration by the University President. If two medical opinions are obtained which are in conflict, then the two doctors or the relevant professional association or society shall be requested to identify a third doctor to supply an additional medical opinion for consideration by the University President. The expense of the third doctor's ’s opinion shall be shared equally by the employee Employee and the University. b. . The University shall keep all information concerning the medical condition or history of the Employee confidential, and maintain such information on separate forms and in separate medical files, apart from the official personnel files. If, after reviewing an objective individual assessment of all the medical opinions and opinions, other materials specific evidence relevant to the employee's illness or injuryEmployee’s current ability to perform the essential functions of the Employee’s job, and of possible reasonable accommodations for medical conditions that are a disability under the ADA and which do not impose an undue burden on the University, the University President concludes that the employee Employee is able to perform the essential functions of the Employee’s job upon the Employee’s return to work, then the Employee may return to work at the beginning of the next Academic Term of the University. If, after an objective individual assessment of all the medical opinions, other specific evidence relevant to the Employee’s current ability to perform the essential functions of the Employee’s job, and of possible reasonable accommodations for medical conditions that are a disability under the ADA, which do not impose an undue burden on the University, the University President concludes that the Employee (1) presents a health or other hazard is presently unable to perform the employee, fellow employees, or others with whom essential functions of the employee may come in contact Employee’s job; or (2) is unable presently presents a direct threat to perform the duties required by health or safety of self or others, then the position of employment, University President may (1) require the President shall place the employee on compulsory leave. The President shall notify the employee in writing of the duration completion of the compulsory leave periodterm. Any earned leave credits shall be used during the compulsory leave period. That portion of the compulsory leave, if any, which is not covered by earned leave credit shall be without pay. c. After expiration of one-half of the compulsory leave period, the employee Employee may, upon prior written notice to the UniversityUniversity President, and at the employee's Employee’s expense, seek a medical opinion from a doctor acceptable to the University as to the ability of the employee Employee to return to work. If after reviewing the opinion and other materials relevant Prior to the employee's illness or injury examination the University President concludes shall provide the employee doctor who conducts the examination specific information about the nature of the Employee’s job. The examination will not exceed the scope of the specific medical condition at issue and will be limited to a request that the doctor submit an opinion to the University President as to whether the Employee is currently able to return to work, the employee may return to work at the beginning of the next academic term of the University. d. If, after reviewing the opinion of a doctor chosen and paid for by the University or by a doctor chosen and paid for by the employee who is acceptable to the University, and other materials relevant to the employee's illness or injury the President concludes an employee is unable to return to work at the end of the compulsory leave, the President may (1) extend perform the period essential job functions of compulsory leave, the Employee’s job with or (2) request the employee's resignation without reasonable accommodation; or (3) if the University cannot reasonably accommodate the illness or injury, recommend termination in accordance with the procedures provided in Article 13. Termination under these circumstances shall not be considered return to be a disciplinary action.work

Compulsory Leave. a. If the University President believes an employee is unable to perform assigned duties due to illness or injury, the University President shall inform the employee in writing of the basis for the President's her/his belief and may require the employee to obtain a medical examination by a doctor chosen and paid for by the University or by a doctor chosen and paid for by the employee who is acceptable to the University. Refusal of an employee to submit to a medical examination may result in suspension sus­pension of the employee or other disciplinary action. The doctor shall submit an opinion to the University President as to whether the employee (1) employee has a physical or mental condition which constitutes a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) contact. has a physical or mental condition which prevents the employee from performing per­forming the duties required by the position of employment. A copy of the doctor's opinion shall be given to the employee. At the employee's discretion discre­tion and expense, a second medical opinion may be obtained for consideration consid­eration by the University President. If two medical opinions are obtained which are in conflict, the two doctors or the relevant professional association associa­tion or society shall be requested to identify a third doctor to supply an additional medical opinion for consideration by the University President. The expense of the third doctor's opinion shall be shared equally by the employee and the University. b. If, after reviewing the medical opinions and other materials relevant to the employeeemploy-ee's illness or injury, the University President concludes that the employee (1) presents a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) contact. is unable to perform perform, with a reasonable accommodation, the duties required by the position of employment, the University President shall place the employee on compulsory leave. The University President shall notify the employee in writing of the duration of the compulsory leave period; how­ever, the University President, with the agreement of the employee, may extend the leave period if necessary and, if so, shall notify the employee in writing. Any earned leave credits shall (accumulated sick or vacation days) may be used during the compulsory leave period. That portion of the compulsory leave, if any, which is not covered by earned leave credit credits shall be without pay. c. . No actions taken shall restrict or deny any rights guaranteed by the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), state or federal disability benefits, or existing Board policy or regulations. After expiration of one-half of the compulsory leave period, or when the employee believes she/he is able to return to work, the employee may, upon prior notice to the University, and at the employee's expense, seek a medical medi­cal opinion from a doctor acceptable to the University as to the ability of the employee to return to work. If after reviewing the opinion and other materials relevant to the employee's illness or injury the University President concludes the employee is able to return to work, the employee may return to work imme­diately. If the University President denies the request to return to work, she/he shall notify the employee in writing with reasons. If, at the beginning end of the next academic term of the University. d. Ifa compulsory leave, after reviewing the opinion of a the doctor chosen and paid for by the University or by a the doctor chosen and paid for by the employee who is acceptable to the University, and other materials relevant rel­evant to the employee's illness or injury injury, the University President concludes an employee is unable to return to work at the end of the compulsory leavework, the University President may (1) extend the period of compulsory leave, or (2) request the employee's resignation or (3) if the University cannot reasonably accommodate accommo­date the illness or injury, request the employee's resignation. recommend termination in accordance with the procedures provided in Article 1339. Termination under these circumstances shall not be considered to be a disciplinary action.

Compulsory Leave. a. If in the University President believes opinion of the Department Director, an employee is unable to perform assigned the duties due to illness of his/her position for physical or injurypsychological reasons, the President Department Director shall inform refer that employee to the employee in writing of Risk Manager. The Risk Manager shall have the basis for the President's belief and may authority to require the employee to obtain a medical examination be examined by a doctor chosen physician or other competent authority at CITY expense to determine the employee’s fitness for duty. The employee may go to a physician or other competent authority of his/her own choosing other than his/her treating physician or specialist or someone in practice with the treating physician, (subject to the approval of the Risk Manager based upon a determination of the practitioner’s practice or specialty) at the employee’s expense. The employee shall have four (4) calendar days to arrange for said examination and paid for by to provide the University or by a doctor chosen Risk Manager written documentation from the employee’s practitioner stating the date and paid for by time of the appointment. If the examination report finds the employee who is acceptable to the University. Refusal of be in an employee to submit to a medical examination may result in suspension of the employee or other disciplinary action. The doctor shall submit an opinion to the President as to whether the employee (1) has a physical or mental unfit condition which constitutes a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) has a physical or mental condition which prevents the employee from performing the duties required by the position of employment. A copy of the doctor's opinion shall be given to the employee. At the employee's discretion and expense, a second medical opinion may be obtained for consideration by the President. If two medical opinions are obtained which are in conflict, the two doctors or the relevant professional association or society shall be requested to identify a third doctor to supply an additional medical opinion for consideration by the President. The expense of the third doctor's opinion shall be shared equally by the employee and the University. b. If, after reviewing the medical opinions and other materials relevant to the employee's illness or injury, the President concludes that the employee (1) presents a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) is unable to perform the duties required by of the position of employmentposition, the President Department Director shall place have the right to compel the employee on compulsory leaveto take sufficient leave of absence. If found unfit, the CITY may require the practitioner to provide the CITY with an anticipated date (or dates) of re-evaluation(s). The President shall notify employee must provide the CITY with a signed waiver providing the Risk Manager (and the CITY’s physician if a personal physician is chosen) authorization to receive certification from the physician as to the employee’s fitness for duty. The re-evaluation will be performed at CITY expense. If the examination report finds the employee in writing of the duration of the compulsory leave period. Any earned leave credits shall to be used during the compulsory leave period. That portion of the compulsory leave, if any, which is not covered by earned leave credit shall be without pay. c. After expiration of one-half of the compulsory leave periodfit for duty, the employee may, upon prior notice to the University, and at the employee's expense, seek a medical opinion from a doctor acceptable to the University as to the ability of the employee to return to work. If after reviewing the opinion and other materials relevant to the employee's illness or injury the President concludes the employee is able to return to work, the employee may shall return to work at without loss of pay or benefits. A temporarily disabled employee may be offered modified duty in his/her department or another. Modified duty shall be predicated upon the beginning of the next academic term of the Universityfollowing: 1. There is work to be performed. d. If, after reviewing 2. The work can be performed in an efficient and effective manner. 3. The work can be performed within the opinion of a doctor chosen and paid for by restrictions placed upon the University or by a doctor chosen and paid for by the employee who is acceptable to the University, and other materials relevant to the employee's illness or injury the President concludes an employee is unable to return to work at the end of the compulsory leave, the President may (1) extend the period of compulsory leave, or (2) request the employee's resignation or (3) if the University cannot reasonably accommodate the illness or injury, recommend termination in accordance with the procedures provided in Article 13. Termination under these circumstances shall not be considered to be a disciplinary action.employee.‌

Compulsory Leave. a. If the University President believes an employee is unable to perform assigned duties due to illness or injury, the University President shall inform the employee in writing of the basis for the University President's belief and may require the employee to obtain a medical examination by a doctor chosen and paid for by the University or by a doctor chosen and paid for by the employee who is acceptable to the University. Refusal of an employee to submit to a medical examination may result in suspension of the employee or other disciplinary disci­plinary action. The doctor shall submit an opinion to the University President as to whether the employee (1) employee has a physical or mental condition which constitutes a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) contact. has a physical or mental condition which prevents the employee from performing per­forming the duties required by the position of employment. A copy of the doctor's ’s opinion shall be given to the employee. At the employee's discretion ’s discre­tion and expense, a second medical opinion may be obtained for consideration consid­eration by the University President. If two medical opinions are obtained which are in conflict, the two doctors or the relevant professional association associa­tion or society shall be requested to identify a third doctor to supply an additional medical opinion for consideration by the University President. The expense of the third doctor's opinion shall be shared equally by the employee and the University. b. If, after reviewing the medical opinions and other materials relevant to the employee's illness or injury, the University President concludes that the employee (1) presents a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or (2) contact. is unable to perform perform, with a reasonable accommodation, the duties required by the position of employment, the University President shall place the employee on compulsory leave. The University President shall notify the employee in writing of the duration of the compulsory leave period; how­ever, the University President may, with the agreement of the employee, extend the leave period if necessary and if so shall notify the employee in writing. Any earned leave credits shall (accumulated sick or vacation days) may be used during the compulsory leave period. That portion of the compulsory com­pulsory leave, if any, which is not covered by earned leave credit credits shall be without pay. No actions taken shall restrict or deny any rights guaran­teed by the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), state or federal disability benefits, or existing WIU Board of Trustees Policy or Regulations. c. After expiration of one-half of the compulsory leave period, or when the employee believes she/he is able to return to work, the employee may, upon prior notice to the University, and at the employee's expense, seek a medical medi­cal opinion from a doctor acceptable to the University as to the ability of the employee to return to work. If If, after reviewing the opinion and other materials relevant to the employee's illness or injury injury, the University President concludes the employee is able to return to work, the employee may return to work at imme­diately. If the beginning of University President denies the next academic term of request to return to work, she/he shall notify the Universityemployee in writing with reasons. d. If, at the end of a compulsory leave, after reviewing the opinion of a the doctor chosen and paid for by the University or by a the doctor chosen and paid for by the employee who is acceptable to the University, and other materials relevant rele­vant to the employee's illness or injury injury, the University President concludes an employee is unable to return to work at the end of the compulsory leavework, the University President may (1) extend the period of compulsory leave, or (2) request the employee's resignation or (3) if the University cannot reasonably accommodate accommo­date the illness or injury, request the employee's resignation. recommend termination in accordance with the procedures provided in Article 1322. Termination under these circumstances shall not be considered to be a disciplinary action.