(a) Psychological Examination. The County of Summit has the right to require an employment related physical or psychological examination in order to:
(1) Determine an employees' ability to perform the essential functions of the position;
(2) Identify limitations or restrictions;
(3) Provide a reasonable accommodation, and/or
(4) Determine if an employee poses a significant health or safety risk to the employee or others.
(b) Administrative Leave. An employee required to obtain a fitness for duty examination shall remain off duty until such time as it has been determined that the employee is fit for duty. The employee shall be placed on paid administrative leave pending the outcome of the examination. The cost of the examination shall be the responsibility of the County. If the employee is determined to be unfit for duty, the paid leave status shall terminate.
(c) Determination of Necessity of Fitness for Duty Examination. The Director of HRD with consultation with the EAP provider if necessary, shall determine when a fitness for duty examination is warranted, and shall schedule all fitness for duty examinations with the appropriate certified medical professional. The Director of HRD shall notify the employee in writing that a fitness for duty examination is required and provide the date and time of the examination and the name and address of the medical provider. Absent extenuating circumstances, failure to attend the medical examination as scheduled will result in disciplinary action up to and including termination. The findings of the examination shall be sent directly to the Director and will be maintained in a confidential medical file.
(d) Findings; Further Review. In the event the employee disagrees with the conclusion of the Employer's licensed medical doctor, the employee may, at their own expense, submit to an examination by a licensed medical doctor of their choice in the same field of specialization as the Employer's licensed medical doctor. Within fourteen (14) calendar days of being notified that the employee has been determined to be unfit for duty, the employee must notify the Director of HRD of the intent to submit to an examination by a licensed medical doctor of their choice. The examination must take place within thirty (30) calendar days of the employee's notification to the Director of HRD. If the Employer's and the employee's licensed medical doctors agree, their decision shall be final. If the Employer's and the employee's licensed medical doctors disagree, the dispute may be referred to a neutral licensed medical doctor agreed upon by the Employer and the employee. The neutral licensed medical doctor shall be in the same field of specialization as the previous licensed medical doctors, but shall not be affiliated with either licensed medical doctor. The cost will be divided equally between the Employer and the employee. The opinion of the neutral licensed medical doctor shall be final. The employee may use sick leave or vacation during this period.
(Ord. 2011-380. Adopted 11-7-11; Ord. 2015-269. Adopted 8-31-15; Ord. 2018-236. Adopted 6-18-18.)