Common use of Pattern Abuse Clause in Contracts

Pattern Abuse. The following types or patterns of absence shall constitute pattern abuse: before and/or after holidays; Fridays/Mondays; absence following overtime worked; continued pattern of maintaining zero or near zero leave balances. If an employee uses sick leave in a clear pattern, per examples noted above, the Chief Human Resources Officer or his/her designee may reasonably suspect pattern abuse. If it is suspected, the Chief Human Resources Officer or his/her designee will notify the employee in writing detailing the reason(s) that pattern abuse is suspected. The notice will also invite the employee to explain, rebut, or refute the pattern abuse claim. Use of sick leave for valid reasons shall not be considered for pattern abuse. Patterns of abuse will be kept in the time frame of the previous twelve (12) months from the date of notification. Any action taken by the University will not be arbitrary, capricious, or discriminatory in nature in all instances. 21.7: To the extent consistent with, or permitted by, federal or state law, an employee who is on sick leave not concurrently covered by the Family and Medical Leave Act (FMLA) shall be required to provide to the Chief Human Resources Officer certification from the employee’s personal physician that he/she is able to perform the assigned duties of his/her position prior to his/her return to duty. An employee must give the University not less than three (3) days’ notice of his/her availability to return to work following an extended absence unless a shorter period is mutually agreeable. 21.8: To the extent consistent with, or permitted by, federal or state law, the University may require an employee who is not taking leave covered by the FMLA to undergo an examination, conducted by a licensed physician or licensed psychologist designated by the University, to determine the employee's physical or mental capabilities to continue to perform the duties of the position which the employee holds. The University shall pay the cost of such examination. If the employee's personal physician or psychologist differs from the University's designated physician or psychologist, the opinion of the employee's personal physician or psychologist shall be given due professional consideration.

Pattern Abuse. The following types or patterns of absence shall constitute pattern abuse: before and/or after holidays; Fridays/Mondays; absence following overtime worked; continued pattern of maintaining zero or near zero leave balances. If an employee uses sick leave in a clear pattern, per examples noted above, the Chief Human Resources Officer or his/her designee may reasonably suspect pattern abuse. If it is suspected, the Chief Human Resources Officer or his/her designee will notify the employee in writing detailing the reason(s) that pattern abuse is suspected. The notice will also invite the employee to explain, rebut, or refute the pattern abuse claim. Use of sick leave for valid reasons shall not be considered for pattern abuse. Patterns of abuse will be kept in the time frame of the previous twelve (12) months from the date of notification. Any action taken by the University will not be arbitrary, capricious, or discriminatory in nature in all instances. 21.7: 15.6 To the extent consistent with, or permitted by, federal or state law, an employee a bargaining unit member who is on sick leave not concurrently covered by the Family and Medical Leave Act (FMLA) shall be required to provide to the Chief Human Resources Officer certification from the employee’s bargaining unit member's personal physician that he/she is able to perform the assigned duties of his/her position prior to his/her return to duty. An employee must give the University not less than three (3) days’ notice of his/her availability to return to work following an extended absence unless a shorter period is mutually agreeable. 21.8: 15.7 To the extent consistent with, or permitted by, federal or state law, the University may require an employee a bargaining unit member who is not taking leave covered by the FMLA to undergo an examination, conducted by a licensed physician medical provider or licensed psychologist designated and paid by the University, to determine whether or not the employee's physical or mental capabilities to continue to perform bargaining unit member is physically and/or mentally capable of performing the duties of his/her position. The Chief Human Resources Officer will meet with the position which bargaining unit member and provide detail as to the reason(s) for requiring a medical examination for work fitness. If the opinion of the bargaining unit member's medical provider or licensed psychologist differs from that of the University's medical provider or licensed psychologist in this matter, and if the University notifies the bargaining unit member it intends to disability separate him/her, the matter may be submitted to arbitration in accordance with the provisions of Article 9. All documented travel and related miscellaneous expenses in excess of five dollars ($5) will be submitted for reimbursement by the employee holdsto the University. The University shall pay reimburse the cost employee within ten (10) working days from submission. 15.8 Sick leave charged and reported shall be for actual absence. 15.9 A bargaining unit member appointed during the term of such examination. If this Agreement who has been employed by the employee's personal physician State of Ohio or psychologist differs from any political subdivision of the State of Ohio within ten (10) years prior to the effective date of his/her appointment by the University's designated physician or psychologist, may transfer to the opinion University up to two hundred sixty (260) hours of accrued but unused sick leave upon certification of the employee's personal physician or psychologist sick leave balance by his/her former employer. For cases of rehired retirees, please refer to Section 29.3. 15.10 If required by the University to submit to a second and/or third medical opinion (see Section 15.1(H)), a bargaining unit member shall not be given due professional considerationrequired to use sick leave to cover the time of his/her absence. All documented travel and related miscellaneous expenses in excess of five ($5) dollars will be submitted for reimbursement by the employee to the University. The University shall reimburse the employee within ten (10) working days from submission.