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notified of the conditions that the requirement imposes.
(c) The State and CSEA recognize that there may be occasions when the
employee wishes to keep the requested doctor’s certificate confidential. In
order to provide for such a situation and maintain strict confidentiality,
procedures shall be developed at the labor/ management forum that would
designate one person in a particular department, agency or facility to
receive the medical information and transmit the authorization for use of
sick leave credits back to the employee’s immediate supervisor.
§10.17 Verification of Physician’s Statement
(a) When the State requires that an employee who has been absent due to
illness or injury be medically examined by a physician selected by the
appointing authority before such employee is allowed to return to work,
the appointing authority shall make a reasonable effort to complete a
medical examination within 20 working days as hereinafter provided.
(b) If, no more than 10 working days prior to the date specified by his or
her own physician as the date upon which he or she may return to work,
the employee provides the appointing authority with his or her physician’s
statement indicating that he or she is able to return to work and specifying
the date, the appointing authority shall have a total of 20 working days from
the date of such advance notice, which shall include the 10 working days’
advance notice and the 10 working days following the specified return-to-
work date, to complete a medical examination. For each working day of
advance notice from the employee less than 10, the appointing authority
shall have an additional working day beyond the return-to-work date to
complete a medical examination.
(c) If, upon the completion of the 20 working day period provided for in
subdivision (b), the appointing authority’s physician has not completed his
or her examination of the employee or reached a decision concerning the
employee’s return to work, the employee shall be placed on leave with pay
without charge to leave credits until the examination is completed and a
decision made. The employee may not return to work, however, until he or
she has been examined by the appointing authority’s physician and given
approval to work. The leave with pay provision of this subdivision shall
not apply where the failure of the appointing authority’s physician to
complete the medical examination is attributable to the employee’s failure
to appear for the examination or his or her refusal to allow it to be held.
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