Common use of Non-Occupational Disability Clause in Contracts

Non-Occupational Disability. An employee shall be granted a leave of absence for the period of a non-occupational disability but not to exceed two (2) years upon presentation of evidence satisfactory to the Company. An employee who returns to work after a leave of absence for a non-occupational disability shall be reinstated in the classification from which he/she left, provided first medical clearance is obtained through the ES&H Department working through WEMS’ Medical Provider. However, an employee who is cleared for work, within a two-year period, but is unable to perform the work in the classification due to a medical restriction, as determined by the ES&H Department, shall exercise Bargaining Unit seniority to move into any classification which the medical restriction permits, provided he/she is qualified. However, if he/she elects not to exercise Bargaining Unit seniority to move, he/she may be terminated for medical reasons. An employee who is not cleared to return to work upon the expiration of a leave of absence for non-occupational disability may be terminated for medical reasons after two (2) years.