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Section 26. Medical Examination <br />In the event the Fire Chief determines there is a necessity for a medical examination, an employee <br />shall submit to such rnedical examination at any time while on duty. Such examination shall be <br />given by a physician selected by the Fire Department and the full cost shall be borne by the Fire <br />Department as shall any medical examination required by the Fire Department. A copy of said <br />medical examination shall be given to the employee. Should the employee disagree with the <br />medical opinion of the examination, the employee may consult with his /her own physician (at <br />employee's expense) and if his /her private physician's report conflicts with the Fire Department's <br />physician in terms of ability to work at the employee's regular job, then the employee may request <br />a medical examination by a third physician mutually agreed upon by the employee and the Fire <br />Department. The costs for the third examination will be shared by the employee and the Fire <br />Department. The decision of the third physician concerning the ability of the employee to perform <br />his /her duties shall be the basis for the employee returning to work. <br />Section 27. Outside Employment <br />Employees who plan to engage in regular employment during his /her off duty time must notify <br />the Fire Chief of said employment. <br />No employee shall accept outside employment that places him/her in conflict with the Department. <br />No employee shall solicit outside employment while on duty for the Department nor use his /her <br />Department position as an aid or leverage to gain outside employment. <br />Section 28. Americans with Disahilities <br />The Department and the Union recognize that the Department has an obligation under law to meet <br />with individual employees who allege a need for reasonable accommodation in the work place <br />because of a disability. If by reason of the aforesaid requirement, the Department contemplates <br />actions to provide reasonable accommodation to an individual employee in compliance with the <br />ADA which are in potential conflict with any provision of this Memorandum of Understanding, <br />the Union will be advised of any such proposed accommodation and be afforded an opportunity <br />to discuss same prior to implementation by the Department. <br />Section 29. Miwc$Uanenps <br />29.1 Deferred Compensation Program <br />Regular and probationary employees are eligible to participate in the Department's deferred <br />compensation program. Any employee who chooses to participate in a deferred compensation <br />plan shall pay the administrative fee, if any, the Department may require. <br />21 <br />