Common use of PHYSICAL ABILITY Clause in Contracts

PHYSICAL ABILITY. Should a question arise as to an employee’s physical ability to perform his job, the same shall be taken up with the Officers of the Union and the Authority’s CEO/Executive Director or designee (Assistant Executive Director, Operations Director, or Maintenance Director), and if they cannot mutually agree as to the employee’s physical ability, the same shall be submitted as follows: one medical doctor to be selected and paid by the Authority and one medical doctor selected and paid by the employee. Medical doctor shall mean osteopathic or medical doctor. If these two medical doctors find that the employee in question has the physical ability to return to his regular work schedule on a definite date within one year, his seniority will be accumulated to such date. The one-year will begin from the date of the second doctor’s examination. The employee must return on the first regularly scheduled workday after such definite date or lose his seniority. If two medical doctors state that the employee has the physical ability to perform his regular schedule, the employee will be so informed to return to work. If the employee does not do so, he will be removed from the seniority list. If two medical doctors state that the employee will not be able to return to his regularly scheduled work, he will be removed from the seniority list one year from the date of the second doctor’s examination. If these two medical doctors disagree as