Fitness for Duty Examination Clause Samples
A Fitness for Duty Examination clause allows an employer to require an employee to undergo a medical or psychological evaluation to determine if they are capable of safely and effectively performing their job duties. Typically, this clause is invoked when there are reasonable concerns about an employee’s ability to work due to health, safety, or behavioral issues. For example, if an employee exhibits signs of impairment or erratic behavior, the employer may request an assessment by a qualified healthcare professional. The core function of this clause is to protect workplace safety and ensure that employees are fit to perform their roles, thereby minimizing risks to themselves and others.
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Fitness for Duty Examination. SECTION 1. If the Employer has reasonable suspicion to believe that an Employee is medically or psychologically unable to perform the essential functions of the Employee’s position, the Employer may relieve the Employee from duty. If relieved from duty, the Employee shall be placed on paid administrative leave and the Employer shall pay the costs of a medical or psychological examination that is required by the Employer. An Employee found by the qualified medical professional selected by the Employer to have a medical or psychological disorder, condition, syndrome, or is otherwise unable to perform the essential functions of his/her position, with or without reasonable accommodation in accordance with the ADA, shall not be permitted to work and further time off duty may be charged to available sick leave, or if none, vacation leave at the Employee's request or may be designated as FMLA leave at the Employee’s or the Employer’s initiative as permitted by law. If there is substantial documentation that an employee shall not be able to return to work, or the employee has not returned to work within six (6) months, the Employee may be disability separated.
SECTION 2. An Employee relieved of duty under the preceding Section must be given medical clearance acceptable to the Employer by a licensed healthcare professional before being allowed to return to work. Such documentation must certify that the Employee is able to perform the essential functions of his/her position, with or without reasonable accommodation in accordance with the ADA. If there is a disagreement between the healthcare professionals of the Employee and Employer, then the matter shall be submitted to a third health care professional whose decision shall be final and binding. The third health care professional shall be selected through agreement of the Employee’s and the Employer’s healthcare providers. Cost of the third examination shall be paid by the Employer.
SECTION 3. If the Employer has reasonable suspicion that an Employee is using, soliciting or under the influence of a substance of abuse (e.g., illegal drugs or alcohol) at work, the Employee shall be required to submit to a drug/alcohol test. The Employee shall not be allowed to work pending receipt of the test results. An Employee ordered to submit to such testing shall be placed on paid administrative leave pending the results of the testing. If the test results are negative, the Employee shall be returned to work, if they are otherw...
Fitness for Duty Examination. The City may require an employee; to report for a fitness for duty examination at City expense prior to reporting for work upon returning from a leave of absence or layoff.
Fitness for Duty Examination. The Employer has the right to require any employee to undergo a medical or psychological examination by an assigned doctor at any time to ascertain whether or not the employee is physically and mentally capable of performing the essential functions of the employee's classification. This examination will be conducted on the Employer's time, and the Employer will pay for the medical and/or psychological exam.
Fitness for Duty Examination. An appointing authority that has reasonable cause to believe that an employee is not capable of properly performing the duties of the position may require an employee to submit to a fitness-for-duty examination.
Fitness for Duty Examination. SECTION 1. Where there is reasonable suspicion to believe that an individual employee is using, soliciting, or is under the influence of drugs or alcohol at work, such employee will be directed to report to a County designated physician or medical clinic for a fitness for duty examination.
SECTION 2. The exam will be performed on Employer time and at Employer expense and will involve appropriate testing, including possible urine or blood tests or breathalyzer exam as determined by the appropriate medical personnel.
SECTION 3. An employee may be referred for such fitness for duty screening if at least one (1) supervisor has a reasonable suspicion that the employee is then under the influence of alcohol or a controlled chemical substance and shall be made based only upon specific, objective facts and reasonable inferences drawn from those facts in the light of experience, that the employee is then under the influence of drugs or alcohol so as to endanger fellow employees, the public or otherwise adversely impact on the employee's ability to perform his or her job duties.
SECTION 4. When a supervisor determines that he/she has reasonable suspicion that an employee is impaired, the supervisor will complete a form which will be presented to the County Department of Human Resources the same day. If Human Resources determine that there is probable cause, it shall arrange for a Fitness for Duty Exam and notify the Union prior to testing.
SECTION 5. An employee may also be referred for mandatory urine, blood or breathalyzer tests to determine substance abuse under the following circumstances:
A. As part of a disciplinary probation for employees who have violated the County's drug and alcohol rules; or
B. An employee involved in a motor vehicle accident while in the course and scope of employment or while operating a County vehicle shall be subject to a test if the Employer has reason to suspect alcohol or illegal drug use.
SECTION 6. An employee shall be entitled to speak to a Union representative before testing is administered unless none is available.
SECTION 7. Where the Employer determines that there is reasonable suspicion, as defined in Section 1, a refusal to be tested shall be treated as a positive test result and a cause for removal. If an employee’s first test is positive for drugs or alcohol, the employee shall be given the opportunity to voluntarily submit to substance abuse treatment. If an employee refuses to submit to treatment, said employee shall b...
Fitness for Duty Examination. A. In directing employees to undergo a fitness for duty examination, the Agency will observe applicable rules and regulations.
B. Employees will be advised of their right to have a Union representative if conditions exist pursuant to 5 U.S.C. 7114(a)(2)(B), or not prohibited, by OPM procedures.
Fitness for Duty Examination. When an employee is absent due to illness or disability, the General Manager or Fair Manager may require that before returning to work the employee provide verification from a physician that the employee is medically able to perform his/her job responsibilities. Until the employee’s fitness for duty is verified, the employee shall continue to use available paid and unpaid leave. Failure to provide verification of fitness for duty shall result, after expiration of the employee’s accumulated sick leave, in further leave with pay, leave without pay, and/or separation of the employee.
Fitness for Duty Examination. The District may require that a Unit member who is absent for illness/injury submit to medical examination(s) by a physician selected by the District. The District may also require such examinations(s) if there is concern on the District’s part about a Unit member’s ability to perform the required duties of their position due to injury/illness. Such examination(s) shall be at the District’s expense.
Fitness for Duty Examination. The Sheriff may require an employee who has been 33 absent due to personal illness or injury, prior to and as a condition of his return to duty, to be 34 examined by a physician designated and paid by the Employer, to establish that he is not 35 disabled from the performance of his duties and that his return to duty will not jeopardize the 36 health and safety of other employees. 37
Fitness for Duty Examination. SECTION 1. If the Employer has reasonable suspicion to believe that an Employee is medically or psychologically unable to perform all of the duties of the Employee’s position, the Employer may relieve the Employee from duty. If relieved from duty, the Employee shall be placed on paid administrative leave and the Employer shall pay the costs of a medical or psychological examination that is required by the Employer. An Employee found by the qualified medical professional selected by the Employer to have a medical or psychological disorder, condition, syndrome, or is otherwise unable to perform the Employee’s duties shall not be permitted to work and further time off duty may be charged to any applicable sick leave or vacation leave at the Employee's request or may be designated as FMLA leave at the Employer’s initiative as permitted by law.
SECTION 2. An Employee relieved of duty under the preceding Section must be given medical clearance acceptable to the Employer by a qualified medical professional before being allowed to return to work. Such documentation must certify that the Employee is able to perform all of the duties of the Employee’s position (unless there is an A.D.A. issue that can be reasonably accommodated). If there is a disagreement between the respective qualified medical professionals, they shall select a third qualified medical professional by mutual agreement. The third examination shall be mutually paid for by the Employer and the Employee and the results and conclusions of that examination shall be final and binding and not be subject to the grievance procedure.