Common use of Evaluation of Fitness for Duty Clause in Contracts

Evaluation of Fitness for Duty. If the Hospital has a good faith reason to believe 25 that a nurse is mentally or physical impaired to the extent such impairment would 26 reasonably impact the nurse’s ability to remain fit for duty to provide direct patient care, 27 the Hospital will first meet with such nurse to outline the reasons for its concern. A 28 union representative may be present if requested by the nurse. The meeting shall occur 29 within ten (10) calendar days from the date upon which the Hospital becomes aware of 30 such information. If the nurse is unavailable to meet with the Hospital during such ten 31 (10) calendar day period of time because of permissible time off, the Hospital shall meet 32 with the nurse as soon as reasonably practicable. If, as a result of such meeting, the 33 Hospital believes there is a good faith question regarding the nurse’s ability to provide 34 safe and effective direct patient care and/or that the nurse may be unfit for duty, the 1 Hospital may require such nurse to undergo a fitness for duty evaluation by a licensed 2 medical provider, selected from a list to be mutually agreed upon by the parties. If a 3 fitness for duty evaluation is required, the nurse shall be removed from the schedule 4 and be placed on paid administrative leave for a period of up to fourteen (14) 5 consecutive calendar days from the date the Hospital determines that a fitness for duty 6 evaluation is required. This fourteen (14) calendar day period may be extended if a 7 provider selected from the list described above is unavailable to conduct the required 8 fitness for duty evaluation within the initial fourteen (14) calendar day period. The nurse 9 shall fully cooperate with the requested fitness for duty evaluation including traveling to 10 the location where the fitness for duty evaluation will occur and doing so within the 11 fourteen (14) calendar day period described above. Failure to cooperate with this 12 process may result in the nurse being placed on unpaid administrative leave as 13 described in Section 14.4 of this Article.

Evaluation of Fitness for Duty. If the Hospital has a good faith reason and 2 reasonable basis to believe 25 that a nurse is mentally or physical impaired to 3 the extent such impairment would 26 reasonably impact the nurse’s ability to 4 remain fit for duty to provide direct patient care, 27 the Hospital will first meet 5 with such nurse to outline the reasons for its concern. A 28 union representative may be present if requested by The hospital shall 6 notify the nursenurse of the reason for the meeting and encourage that the nurse 7 request Association representation. The meeting shall occur 29 within ten (10) 8 calendar days from the date upon which the Hospital becomes aware of 30 such 9 information. If the nurse is unavailable to meet with the Hospital during such 10 ten 31 (10) calendar day period of time because of permissible time off, the 11 Hospital shall meet 32 with the nurse as soon as reasonably practicable. If, as a 12 result of such meeting, the 33 Hospital believes there is a good faith question 13 regarding the nurse’s ability to provide 34 safe and effective direct patient care 14 and/or that the nurse may be unfit for duty, the 1 Hospital may require such 15 nurse to undergo a fitness for duty evaluation by a licensed 2 medical provider, 16 selected from a list to be mutually agreed upon by the parties. If a 3 fitness for 17 duty evaluation is required, the nurse shall be removed from the schedule 4 18 and be placed on paid administrative leave for a period of up to fourteen (14) 5 19 consecutive calendar days from the date the Hospital determines that a 20 fitness for duty 6 evaluation is required. This fourteen (14) calendar day period 21 may be extended if a 7 provider selected from the list described above is 22 unavailable to conduct the required 8 fitness for duty evaluation within the 23 initial fourteen (14) calendar day period. The nurse 9 shall fully cooperate with 24 the requested fitness for duty evaluation including traveling to 10 the location 25 where the fitness for duty evaluation will occur and doing so within the 11 26 fourteen (14) calendar day period described above. Failure to cooperate with 27 this 12 process may result in the nurse being placed on unpaid administrative 28 leave as 13 described in Section 14.4 of this Article.

Evaluation of Fitness for Duty. If the Hospital has a good faith reason to 2 believe 25 that a nurse is mentally or physical impaired to the extent such impairment 3 would 26 reasonably impact the nurse’s ability to remain fit for duty to provide direct patient 4 care, 27 the Hospital will first meet with such nurse to outline the reasons for its concern. A 28 5 union representative may be present if requested by the nurse. The meeting shall occur 29 6 within ten (10) calendar days from the date upon which the Hospital becomes aware of 30 7 such information. If the nurse is unavailable to meet with the Hospital during such ten 31 8 (10) calendar day period of time because of permissible time off, the Hospital shall meet 32 9 with the nurse as soon as reasonably practicable. If, as a result of such meeting, the 33 10 Hospital believes there is a good faith question regarding the nurse’s ability to provide 34 11 safe and effective direct patient care and/or that the nurse may be unfit for duty, the 1 12 Hospital may require such nurse to undergo a fitness for duty evaluation by a licensed 2 13 medical provider, selected from a list to be mutually agreed upon by the parties. If a 3 14 fitness for duty evaluation is required, the nurse shall be removed from the schedule 4 15 and be placed on paid administrative leave for a period of up to fourteen (14) 5 16 consecutive calendar days from the date the Hospital determines that a fitness for duty 6 17 evaluation is required. This fourteen (14) calendar day period may be extended if a 7 18 provider selected from the list described above is unavailable to conduct the required 8 19 fitness for duty evaluation within the initial fourteen (14) calendar day period. The nurse 9 20 shall fully cooperate with the requested fitness for duty evaluation including traveling to 10 21 the location where the fitness for duty evaluation will occur and doing so within the 11 22 fourteen (14) calendar day period described above. Failure to cooperate with this 12 23 process may result in the nurse being placed on unpaid administrative leave as 13 24 described in Section 14.4 4 of this Article. 26 The nurse shall be paid for all travel expenses and will be considered on paid time while 27 traveling to and from such evaluation and during the time spent in the evaluation 28 process itself.

Evaluation of Fitness for Duty. If the Hospital has a good faith reason to 5 believe 25 that a nurse is mentally or physical impaired to the extent such impairment 6 would 26 reasonably impact the nurse’s ability to remain fit for duty to provide direct patient 7 care, 27 the Hospital will first meet with such nurse to outline the reasons for its concern. A 28 8 union representative may be present if requested by the nurse. The meeting shall occur 29 9 within ten (10) calendar days from the date upon which the Hospital becomes aware of 30 10 such information. If the nurse is unavailable to meet with the Hospital during such ten 31 11 (10) calendar day period of time because of permissible time off, the Hospital shall meet 32 12 with the nurse as soon as reasonably practicable. If, as a result of such meeting, the 33 13 Hospital believes there is a good faith question regarding the nurse’s ability to provide 34 14 safe and effective direct patient care and/or that the nurse may be unfit for duty, the 1 15 Hospital may require such nurse to undergo a fitness for duty evaluation by a licensed 2 16 medical provider, selected from a list to be mutually agreed upon by the parties. If a 3 17 fitness for duty evaluation is required, the nurse shall be removed from the schedule 4 18 and be placed on paid administrative leave for a period of up to fourteen (14) 5 19 consecutive calendar days from the date the Hospital determines that a fitness for duty 6 20 evaluation is required. This fourteen (14) calendar day period may be extended if a 7 21 provider selected from the list described above is unavailable to conduct the required 8 22 fitness for duty evaluation within the initial fourteen (14) calendar day period. The nurse 9 23 shall fully cooperate with the requested fitness for duty evaluation including traveling to 10 24 the location where the fitness for duty evaluation will occur and doing so within the 11 25 fourteen (14) calendar day period described above. Failure to cooperate with this 12 26 process may result in the nurse being placed on unpaid administrative leave as 13 27 described in Section 14.4 4 of this Article. 29 The nurse shall be paid for all travel expenses and will be considered on paid time while 30 traveling to and from such evaluation and during the time spent in the evaluation 31 process itself.