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Fitness for Duty

When You Get an "Invitation" to Visit the Company Doctor... (The APC Advocate, Fall 2003)

“Fitness for duty” is a phrase most of us have heard. But it doesn’t apply to those of us in Unit 4...or does it?

While still not a common practice, APC has noted an increasing frequency in the use of directed medical examinations (usually referred to as “fitness for duty exams”) in our bargaining unit.

Often overlooked in our contract, Article 19.17 provides that an employee “may be required to undergo a medical examination as directed by the President if the President questions the employee’s ability to perform his/her required duties.”

And Article 19.19 goes on to state that when an employee “has restricted ability to carry out his/her duties due to illness as indicated by medical evidence or when an appropriate administrator observes an employee unable to perform his/her duties, the President may direct an employee to take sick leave.”

The contract explicitly gives the University the right to send you to their physician to determine if you are “fit for duty.”

Why is all of this important? First of all, if you are found unfit for duty, you may be forced out on sick leave. But there are even more serious, long-lasting consequences, including the University’s right, believe it or not, to file for a disability retirement on your behalf.

While this doesn’t happen often to Unit 4 members, you need to remember that if you are notified that you’re being sent for a fitness for duty exam, it is essential that you contact your APC steward immediately so the Union can help ensure that your due process rights are protected and that your medical information is treated with appropriate confidentiality.

Questions? Concerns?

If you have any questions or concerns about this Alert!, please contact your campus steward (for information on how to contact APC, click here).

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11/3/03

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