A. Except as otherwise provided in this Agreement, a Flight Attendant shall not be required to submit to any Company physical or psychiatric examination, unless the Company determines that reasonable grounds exist to establish that a Flight Attendant’s physical or mental health condition is impaired. The Flight Attendant shall be notified in writing of such reasonable grounds. The medical or psychiatric examination authorized under this Subsection A shall be subject to the following conditions:

1. The Company shall choose the medical doctor or mental health professional (collectively referred to as the "health care provider") who will conduct the examination and shall be responsible for the cost of the examination and all related laboratory tests and other diagnostic procedures.

2. The Company may submit to the examining health care provider an impartial written explanation of the circumstances giving rise to the request for the examination. The Flight Attendant shall receive a copy of the Company’s explanation.

3. If the Company’s examining health care provider recommends that the Flight Attendant be examined by a specialist(s), the Flight Attendant shall be referred to the specialist(s). The Flight Attendant shall be examined by the specialist(s) at the Company’s expense. The Flight Attendant shall receive a written explanation of the reasons for the further examination, if she/he so requests. Nothing contained herein shall prevent the Company from making an initial referral to a specialist(s).

4. Records of any examinations, laboratory and x-ray reports, or other diagnostic procedures shall be maintained by the examining health care provider(s). Any information obtained by, or as a result of such examination(s), shall be strictly confidential between the examining health care provider(s) and the Flight Attendant and shall not be divulged to any other person without the specific written permission of the Flight Attendant, except as provided in Paragraph 6 below. The Flight Attendant shall receive copies of all evaluations, reports, diagnostic interpretations and test results at the Company’s expense.

5. The examining specialist(s), if used, shall notify the Company’s health care provider in writing of only those medical condition(s) that directly relate to the Flight Attendant’s ability to perform the essential functions of her/his position.

1. The Company’s health care provider or examining specialist(s), if used, shall also advise the Company, to the extent requested to do so, as to the nature of the illness or injury; any restrictions required in connection with the injury or illness; and the estimated date of return to active flight status. No other information shall be provided to or requested by the Company.

7. A copy of written report and findings provided by the health care provider(s) or specialist(s) to the Company shall also be provided to the Flight Attendant.

B. If a Flight Attendant must leave her/his domicile or other base assignment for a Company-required examination, she/he shall be provided with a round trip positive space pass online, or the Company may purchase a ticket on another airline at its expense. The Company shall reimburse the Flight Attendant within thirty (30) days of submission of receipts for reasonable actual costs for transportation and meals, if she/he must travel more than twenty-five (25) miles from her/his domicile or other base assignment to the site of the examination(s). The Company shall make arrangements and pay for necessary lodging.

C. Inoculation(s), vaccinations and x-rays required by public law as a condition of employment or continued employment shall be paid for by the Company.

D. If a Flight Attendant is determined to be unfit for duty following an examination conducted under the provisions of Paragraph A. above, she/he may, at her/his option, elect to have a review of the Company health care provider’s determination in the following manner:

1. The Flight Attendant, at her/his own expense, may retain a qualified health care provider (one whose medical practice or specialization is consistent with the findings made by the Company’s health care provider) of her/his own choosing to examine the Flight Attendant to confirm or refute the results of the initial examination by the Company's health care provider.

2. The Flight Attendant shall sign a release and the Company’s health care provider immediately shall forward her/his complete medical file to the Flight Attendant's health care provider prior to the subsequent examination.

3. The Flight Attendant's health care provider shall forward a written report outlining the results of the second examination to the Company’s health care provider for review. If the Company's and Flight Attendant's health care providers make the same determination regarding the Flight Attendant's fitness for duty, there shall be no further medical review of the case.

1. In the event the findings of the Flight Attendant's health care provider disagree with those of the Company's health care provider, at the Flight Attendant's option, the Company and the Flight Attendant shall jointly request in writing that the two health care providers agree upon and appoint a third qualified and disinterested health care provider who is a specialist in the appropriate field of medicine to conduct an independent medical examination ("IME") of the Flight Attendant. At least twenty-four (24) hours prior to the scheduled IME, the neutral health care provider shall be given copies of the Flight Attendant's medical files and all other reports and films relied on by the Company's and Flight Attendant's health care providers in making their determinations

5. The neutral health care provider shall then examine the Flight Attendant and shall provide the parties' respective health care providers with a written report no later than ten (10) business days from the date of the examination. The medical dispute shall be settled on the basis of such findings and the parties agree to be bound by the determination made by the neutral health care provider regarding the Flight Attendant's fitness for duty.

6. The Flight Attendant and the Company shall each pay one-half of the costs of the IME.

7. If the neutral health care provider determines that the Flight Attendant was fit for duty, the Flight Attendant shall be treated as provided in Paragraph E.1 below.

E. In connection with the procedures in Paragraphs A.1. and D.1. above, if a Flight Attendant is withheld from service under the provisions of those Paragraphs, and it is subsequently determined by the Company or the neutral health care provider that the Flight Attendant was actually fit to perform her/his duties, the Company shall take the following actions:

1. The Flight Attendant shall be made whole from the first day she/he was withheld from service for all lost pay and credit (excluding any sick or vacation pay received, or disability payments), and lost benefit accruals (i.e., sick leave, vacation, 401k match, applicable passes if any, FICA and other wage taxes, and insurance premiums), she/he would have earned had she/he not been removed from service.

2. A Flight Attendant shall be guaranteed pay and credit for her/his adjusted line value for the bid period that she/he was first held out of service. During subsequent bid periods, a Flight Attendant shall be paid the minimum guarantee.

3. If the Flight Attendant used any sick leave or vacation time while she/he was held out of service, such time shall be restored to the Flight Attendant’s sick leave and vacation banks.

4. All references to the medical dispute shall be removed from the Flight Attendant’s personnel file and Inflight file.

1. A Flight Attendant who is involved in an aircraft accident or serious incident, as defined in Section 26, Health and Safety, may request to be released by the Company and at her/his option may confer with the Company’s EAP representative(s), or an appropriate health provider.

2. In the event the Flight Attendant is not able to report for the next scheduled duty period following the accident or serious incident, the Company’s EAP representative(s) or an appropriate health care provider, shall meet with her/him to provide counseling and to make an assessment of the Flight Attendant’s fitness for duty.

3. Nothing contained herein shall preclude a Union EAP representative from attending a meeting held pursuant to this Subsection if the Flight Attendant so requests.

4. A Flight Attendant who cannot return to duty as a result of an accident or serious incident, may qualify for occupational injury benefits pursuant to the provisions of Section 17, OJI, and Section 26, Health & Safety.

1. Any examination conducted under the provisions of this Section shall be performed within ten (10) business days of the receipt of the applicable written notification of the examination. Reasonable additional time shall be afforded to the examining health care provider so that she/he can receive and evaluate the results of special laboratory, x-ray, or other necessary tests. The parties may mutually agree in writing to waive or extend the time limits set forth above.

2. A Flight Attendant shall not be required to undergo any examination under the provisions of this Section within twelve (12) hours before or after a duty period.

3. Medical or psychiatric information obtained under the provisions of this Section shall be collected and maintained in separate medical files by the Company and shall be treated as confidential medical records consistent with the record keeping requirements of the Americans with Disabilities Act (ADA) and/or FMLA. Such records shall only be available to such management, medical and clerical personnel as are responsible for Flight Attendant supervision and record keeping.

When required by a court order or other legal requirement to release medical information, the Flight Attendant shall be notified of such action before the Company complies with the court order.

1. Nothing herein shall prevent the Company from rendering first aid or medical service to a Flight Attendant in the event of illness or injury.
2. Nothing herein shall prevent the Company from administering a drug and/or alcohol test on a random basis or based on probable cause.

6. In the event a Flight Attendant is determined to be unfit to perform Flight Attendant duties as a consequence of the procedures described in Paragraphs A.1. and D.1. above, the Flight Attendant may, at her/his option, receive Sick Leave benefits in accordance with Section 15, Sick Leave, from the date withheld from service.

7. This section does not preclude any requirements by the Company’s insurance administrators for additional medical examination and/or information related to benefit coverage, eligibility and/or continuation.