Common use of Obtaining a second opinion Clause in Contracts

Obtaining a second opinion. The Employer/University Administration may require a second opinion from a medical doctor or clinical psychologist not on the University payroll, with training and expertise in the particular field of medicine applicable to the inquiry, with the sole purpose of determining whether there is a reasonable expectation that the employee can return to their regularly assigned duties. Such an examination may only be required when all of the following conditions are met: • There is evidence of problems related to job performance or a direct threat to workplace health or safety that management reasonably believes may be caused by the employee's personal illness or injury; • The manager or administrator responsible for directing the MBU and either the Assistant Vice Chancellor for Human Resources or the Labor Relations Administrator has approved the directive in writing; • The employee and the Union have received written notice of the proposed examination at least ten (10) working days in advance of the appointment. Such notice must include the reason(s) for the examination, identifying specific job duties about which the employee's fitness is in question, as well as a list of any specific health records the employee may be expected to provide to the examiner. • All costs related to the appointment (e.g. co-­pays, parking) will be paid by the Employer/University Administration, and all time going to and from and participating in the examination shall be paid at the employee’s applicable rate for those hours. • The employee shall be placed on paid administrative leave. The Employer/University Administration shall provide the examiner with the following: • Specific information about any physical and/or mental requirements for the job, • Any pertinent health and safety requirements related to the job or workplace, • Instructions that any recommendations or conclusions made should focus on the following two issues: (1) whether the employee is able to perform their regularly assigned duties, with or without reasonable accommodation; and (2) whether the employee can perform their regularly assigned duties without posing a direct threat to the health or safety of the employee or others. The examiner’s determination shall be limited to determining whether there is a reasonable expectation that the employee can return to their regularly assigned duties. The determination must be provided to the employee, the Employer/Administration, and to the Union within ten (10) working days of the examination. The examiner must also provide a report explaining the reasoning behind their determination to the employee and the employee’s health care provider.

Obtaining a second opinion. The Employer/University Administration may require a second opinion from a medical doctor or clinical psychologist not on the University payroll, with training and expertise in the particular field of medicine applicable to the inquiry, with the sole purpose of determining whether there is a reasonable expectation that the employee can return to their regularly assigned duties. Such an examination may only be required when all of the following conditions are met: • There is evidence of problems related to job performance or a direct threat to workplace health or safety that management reasonably believes may be caused by the employee's personal illness or injury; • The manager or administrator responsible for directing the MBU and either the Assistant Vice Chancellor for Human Resources or the Labor Relations Administrator has approved the directive in writing; • The employee and the Union have received written notice of the proposed examination at least ten (10) working days in advance of the appointment. Such notice must include the reason(s) for the examination, identifying specific job duties about which the employee's fitness is in question, as well as a list of any specific health records the employee may be expected to provide to the examiner. • All costs related to the appointment (e.g. co-­payscoFpays, parking) will be paid by the Employer/University Administration, and all time going to and from and participating in the examination shall be paid at the employee’s applicable rate for those hours. • The employee shall be placed on paid administrative leave. The Employer/University Administration shall provide the examiner with the following: • Specific information about any physical and/or mental requirements for the job, • Any pertinent health and safety requirements related to the job or workplace, • Instructions that any recommendations or conclusions made should focus on the following two issues: (1) whether the employee is able to perform their regularly assigned duties, with or without reasonable accommodation; and (2) whether the employee can perform their regularly assigned duties without posing a direct threat to the health or safety of the employee or others. The examiner’s determination shall be limited to determining whether there is a reasonable expectation that the employee can return to their regularly assigned duties. The determination must be provided to the employee, the Employer/Administration, and to the Union within ten (10) working days of the examination. The examiner must also provide a report explaining the reasoning behind their determination to the employee and the employee’s health care provider.

Obtaining a second opinion. The Employer/University Administration may require a second opinion from a medical doctor or clinical psychologist not on the University payroll, with training and expertise in the particular field of medicine applicable to the inquiry, with the sole purpose of determining whether there is a reasonable expectation that the employee can return to their regularly assigned duties. Such an examination may only be required when all of the following conditions are met: • There is evidence of problems related to job performance or a direct threat to workplace health or safety that management reasonably believes may be caused by the employee's personal illness or injury; • The manager or administrator responsible for directing the MBU and either the Assistant Vice Chancellor for Human Resources or the Labor Relations Administrator has approved the directive in writing; • The employee and the Union have received written notice of the proposed examination at least ten (10) working days in advance of the appointment. Such notice must include the reason(s) for the examination, identifying specific job duties about which the employee's fitness is in question, as well as a list of any specific health records the employee may be expected to provide to the examiner. • All costs related to the appointment (e.g. co-­paysco-­‐pays, parking) will be paid by the Employer/University Administration, and all time going to and from and participating in the examination shall be paid at the employee’s applicable rate for those hours. • The employee shall be placed on paid administrative leave. The Employer/University Administration shall provide the examiner with the following: • Specific information about any physical and/or mental requirements for the job, • Any pertinent health and safety requirements related to the job or workplace, • Instructions that any recommendations or conclusions made should focus on the following two issues: (1) whether the employee is able to perform their regularly assigned duties, with or without reasonable accommodation; and (2) whether the employee can perform their regularly assigned duties without posing a direct threat to the health or safety of the employee or others. The examiner’s determination shall be limited to determining whether there is a reasonable expectation that the employee can return to their regularly assigned duties. The determination must be provided to the employee, the Employer/Administration, and to the Union within ten (10) working days of the examination. The examiner must also provide a report explaining the reasoning behind their determination to the employee and the employee’s health care provider.