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The City shall comply with all federal, state, and local laws regarding the rights of rights of injured <br />or disabled employees. In the event the employee is found unfit for duty and remedial <br />recommendations are made to assist the employee in returning to full duty, the employee may be <br />reassigned or placed on paid administrative leave for a reasonable period based on the physician's <br />recommendations. After the expiration of the reasonable period of time recommended by the treating <br />Physician, if the employee is not released to full duty, the employee will receive all work benefits <br />related to the injuries or illnesses and be permitted to use accrued paid leave time or unpaid leave <br />necessary to complete any treatment necessary to return the employee to full duty, up to the limits <br />set forth in the Family and Medical Leave Act (FMLA), this Agreement, or City policy. If the <br />employee's condition is a qualifying event for FMLA purposes, the entire leave time will be <br />considered FMLA leave, including the time the employee was on paid administrative leave. <br />Section 5. In the event the employee disputes the findings of the physical or mental <br />examination, or a conflict arises between an employee's private physician's medical findings and the <br />opinion of the City -appointed physician concerning an employee's fitness for duty, the following <br />will apply: <br />A. An employee who is being treated for a medical condition may provide the private <br />physician with a copy of the job requirements for the employee's position. The private <br />physician's conclusions will be submitted to the City -appointed physician for review. If the <br />City -appointed physician agrees with the private physician's conclusions, the employee will <br />be either be placed in the recommended employment status (unfit for duty, light duty, or <br />restricted duty) until the employee reaches maximum medical improvement or returned to <br />duty. <br />B. If an employee chooses to confer with a private physician, the employee will utilize the <br />City's health insurance or his/her own health insurance and will be responsible for any and <br />all costs of that conference, including copays. <br />C. In the event the employee's private physician and the City -appointed physician disagree <br />regarding the employee's fitness for duty, the employee may obtain, at the employees' sole <br />expense, an independent medical evaluation from a third physician. The third physician shall <br />-42- <br />