Common use of Disability Program Clause in Contracts

Disability Program. Section 32.1. If an Employee becomes disabled and is unable to work, the employee shall provide the Employer with a doctor’s statement. At that time, the employee may elect to take a disability leave of absence. The Employer may, at that time, require that the employee undergo a confirmatory medical examination prior to granting or denying the disability leave request. All time spent in receiving said confirmatory medical examination shall be considered employed time, and said employee shall receive all contractual benefits, including but not limited to, meal and travel reimbursement and overtime for all hours outside of the normal workday. An employee granted a disability leave of absence shall be required to use all available sick leave until such sick leave is exhausted. After the employee has exhausted all available sick leave, the employee shall utilize all other forms of paid leave. Such period of absence will not exceed six (6) months in total for a full-time employee or three (3) months in total for a part- time employee. During the time the employee is on Disability Leave, the employee shall not accrue any paid leave time. If the full-time employee fails to return within the six (6) months and continues to be disabled, then he/she will be placed on the Agency layoff list with return rights for a period of one (1) year from the date of placement on the layoff list. If the individual applies for a vacancy, she/he will be considered for the vacancy in accordance with Section 10. 4(A)-(B). Where the reason for the disability leave constitutes a qualifying reason for leave as defined in the “Family and Medical Leave Act” (FMLA), time off under this article shall run concurrently with any entitlement to FMLA. Section 32.2. As a point of clarification, an employee can use disability leave for any qualifying reason for leave as defined in the Family and Medical Leave Act. Section 32.3. Upon the employee giving notice of returning to work from disability leave of absence, or when an employee is considered for return to work from the Agency layoff list, the employee shall provide the Employer with a physician’s statement of the employee’s ability to return to work. In either situation, the Employer may also require the employee to submit to a physical evaluation by a physician selected by the Employer at the Employer’s expense. Section 32.4. If an employee does not return to work by the end of the one (1) year on the layoff list, then the employee has waived his/her return rights to reinstatement. Section 32.5. The Employer agrees to pay, on behalf of current employees, for a period of up to three (3) months while on approved disability leave, the Employer’s share of health insurance, if the employee elects to continue health insurance coverage and all of the following conditions are met: 1. the employee has worked at least 1040 hours for the Agency in the previous twelve (12) month period; 2. the employee has used all available paid leave; and 3. the employee timely pays the employee's monthly share of health insurance as determined by the Gallia County Auditor.