Common use of Department Challenge of a Member’s Sick Leave Status Clause in Contracts

Department Challenge of a Member’s Sick Leave Status. At no time may a representative of the Department contact a member’s treating physician, in writing (except the Department’s mailing of the “Medical Evaluation for Light Duty Status” form), via telephone, in person, or through any other means, without the authority of the member. The member’s refusal to grant said authority shall in no way affect his/her Sick Leave status. Any Department challenge or question concerning a member’s Sick Leave status may only be enacted through the following process. With respect to any Member who has been out on Sick Leave for more than twenty one (21) consecutive days, after the Department’s receipt of the Member’s initial medical letter or medical report from his/her treating physician, and/or after the Department’s receipt of the submission of a ninety (90) calendar day Sick Leave status medical update from the Member’s treating physician, the Police Department may challenge the Member’s Sick Leave status through the process set forth below on the grounds that the Member is no longer incapacitated from the performance of his/her full police duties (i.e. whether the Member is capable of performing light duty or full duty police duties). Provided, however, such Department challenges may be conducted no more than one (1) time per three (3) month period. In such case, the Department shall require the Member to be examined by a physician of the Department’s choice (“Department physician”). The Department physician shall be asked to determine whether or not the Member is still incapacitated from the performance of his/her full police duties (i.e. whether the Member is capable of performing light duty or full duty police duties). The cost of any examination by a Department physician shall be paid for by the City. If the Department physician advises the Chief in writing that in his/her medical opinion the member is no longer incapacitated from the performance of his/her full police duties, then said member shall be informed and shall be entitled to be examined again by his/her treating physician within a reasonable period of time (e.g. 30 days). The member’s treating physician shall examine said member and render his/her medical opinion with respect to whether the Member is still incapacitated from the performance of his/her full police duties or light duty. Notwithstanding, if the member has been regularly seeing his/her treating physician and/or has received a written report from his/her treating physician within ninety (90) calendar days prior to the Department physician examination, then a second examination from said treating physician is not required.

Department Challenge of a Member’s Sick Leave Status. At no time may a representative of the Department contact a member’s treating physician, in writing (except the Department’s mailing of the “Medical Evaluation for Light Duty Status” form), via telephone, in person, or through any other means, without the authority of the member. The member’s refusal to grant said authority shall in no way affect his/her Sick Leave status. Any Department challenge or question concerning a member’s Sick Leave status may only be enacted en- acted through the following process. With respect to any Member who has been out on Sick Leave for more than twenty one (21) consecutive days, after the Department’s receipt of the MemberMem- ber’s initial medical letter or medical report from his/her treating physician, and/or after the Department’s receipt of the submission of a ninety (90) calendar calen- dar day Sick Leave status medical update from the Member’s treating physician, the Police Department may challenge the Member’s Sick Leave status through the process set forth below on the grounds that the Member is no longer incapacitated inca- pacitated from the performance of his/her full police duties (i.e. whether the Member is capable of performing light duty or full duty police duties). Provided, however, such Department challenges may be conducted no more than one (1) time per three (3) month period. In such case, the Department shall require the Member to be examined by a physician of the Department’s choice (“Department physician”). The Department Depart- ment physician shall be asked to determine whether or not the Member is still incapacitated from the performance of his/her full police duties (i.e. whether the Member is capable of performing light duty or full duty police duties). The cost of any examination by a Department physician shall be paid for by the City. If the Department physician advises the Chief in writing that in his/her medical opinion the member is no longer incapacitated from the performance of his/her full police duties, then said member shall be informed and shall be entitled to be examined again by his/her treating physician within a reasonable period of time (e.g. 30 days). The member’s treating physician shall examine said member and render his/her medical opinion with respect to whether the Member is still incapacitated inca- pacitated from the performance of his/her full police duties or light duty. NotwithstandingNot- withstanding, if the member has been regularly seeing his/her treating physician and/or has received a written report from his/her treating physician within ninety nine- ty (90) calendar days prior to the Department physician examination, then a second sec- ond examination from said treating physician is not required.