Anticipated Disability Clause Samples
The Anticipated Disability clause defines how a contract addresses situations where a party is expected to become unable to fulfill their obligations due to a foreseeable disability. Typically, this clause outlines the procedures for notification, possible accommodations, or adjustments to timelines and responsibilities if such a disability is anticipated. Its core function is to provide a clear framework for managing potential disruptions, ensuring both parties understand their rights and obligations in the event of an expected incapacity, thereby reducing uncertainty and potential disputes.
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Anticipated Disability. Where disability can reasonably be anticipated as in the case of a scheduled operation or childbearing/pregnancy disabilities, the following rules shall apply:
a. the teacher requesting leave shall notify the office of the Superintendent of the expected time of leave as soon as reasonably possible.
b. such notice shall also state the time of intended return to teaching. [Teachers are encouraged to commence and terminate such leaves to coincide with the end of grading periods.]
c. In the case of a teacher desiring to extend his/her time to return, such time to return shall be extended provided the teacher makes a request to the Superintendent in writing at least two calendar weeks prior to his/her intended time of return. In the event the request for an altered time of return is not made as designated herein, the teacher may nevertheless make a request for an altered time to the Superintendent in writing, and such request may be granted at the Superintendent's sole discretion.
d. where the teacher's condition raises any serious problems to the teacher's health in the period prior to the beginning of the leave, the School Corporation may request and condition the time leave begins on a statement by the teacher's physician as to the teacher's ability to continue teaching.
Anticipated Disability. Where a disability can reasonably be anticipated, as in the case of a scheduled operation, the following rules shall apply:
Anticipated Disability. Where a disability can reasonably be anticipated as in the case of a scheduled operation or childbearing/ pregnancy disabilities, the following rules shall apply:
a. The teacher requesting leave shall notify the office of the superintendent of the expected time and duration of leave as soon as reasonably possible. (Teachers are encouraged to commence and terminate such leaves to coincide with the end of grading periods.)
b. In the case of a teacher desiring to extend his/her intended time to return, such time to return shall be extended provided the teacher makes a request to the superintendent in writing at least thirty (30) days prior to his/her intended time of return. In the event the request for an extended time of return is not made as designated herein, the teacher may nevertheless make a request for an extended time to the superintendent in writing, and such request will be granted if practicable.
c. Where the teacher's condition raises any serious problem as to the teacher's health or ability to perform his or her duties in the period prior to the beginning of leave, the school employer may require the submission of a physician's statement as to the teacher's ability to continue teaching.
Anticipated Disability. Where disability can reasonably be anticipated, as in the case of a scheduled operation, the following rules shall apply: (a) the teacher requesting leave shall notify the office of the Director of Human Resources of the expected time of leave as soon as reasonably possible; (b) the leave shall begin at a time which is mutually agreeable to the teacher and the teacher’s physician but shall coincide with the end of a semester or grading period, if possible, and (c) in the case of a disagreement over the beginning date of the leave, or over the ability of the teacher to continue active employment in such teacher’s position, upon request by the School Corporation the teacher shall furnish a statement from the teacher’s physician as to such teacher’s ability to continue his/her duties. The School Corporation may condition the time or date such leave begins upon such statement. In lieu of accepting statements from the teacher’s physician, the School Corporation may, at its own expense, require that a teacher have from time to time a physical examination from a licensed physician of the School Corporation’s choice in order to determine the teacher’s eligibility for continued leave.
Anticipated Disability. Where disability can reasonably be anticipated, as in the case of a scheduled operation, the following rules shall apply:
(1) the teacher requesting leave shall notify the office of the Superintendent of the expected time of leave as soon as reasonably possible, (2) the leave of absence shall begin at a time mutually agreeable to the teacher and the teacher's physician and shall coincide with the end of a semester if possible, and (3) in the case of disagreement over the beginning date of the leave, or the ability of the teacher to continue to teach, the School Corporation may request, and condition the time leave begins on, a statement by the teacher's physician as to the teacher's ability to continue teaching.
Anticipated Disability. Where a disability can reasonably be anticipated, as in the case of a scheduled operation, the following rules shall apply:
a. The teacher requesting the leave shall notify the Superintendent of the expected time of leave as soon as is reasonably possible.
b. The leave of absence shall begin at the end of a grading period when possible.
c. If the teacher's condition is such that he/she is unable to teach during a period of time prior to the beginning of the leave, the School Corporation shall grant an earlier leave and may request a statement by the teacher's physician or psychotherapist as to the ability of the teacher to teach during this period.
Anticipated Disability. Where disability can reasonably be anticipated, as in the case of a scheduled operation, the following rules shall apply:
(i) The Superintendent shall notify the President of the Board of Trustees of the expected time of leave as soon as reasonably possible;
(ii) any leave shall begin at a time which is agreeable to the Board and upon request by the Board, the Superintendent shall furnish a statement which sets forth the facts and the physician’s opinion as to the Superintendent’s ability to continue or return to his duties. The Board may mandate, restrict, or otherwise condition the dates and the term of such disability leave upon such statements.
Anticipated Disability. Where disability can reasonably be anticipated as in the case of a scheduled surgery or procedure, the following rules shall apply:
1. The teacher requesting leave shall notify the Human Resources Director of the expected time of leave as soon as reasonably possible.
2. Where the teacher's condition raises any serious problems to the teacher's health in the period prior to the beginning of leave, the Human Resources Director may request a statement by the teacher's physician as to the teacher's condition and the ability to continue teaching.
Anticipated Disability. Where disability can reasonably be anticipated, as in the case of a scheduled operation, the teacher requesting leave shall notify the Office of the Superintendent of the expected time of leave twenty-one (21) calendar days prior to commencement of leave.
Anticipated Disability. 474 Leave for anticipated disability and other leaves covered by the Family and 475 Medical Leave Act of 1993 {FMLA} and its corresponding regulations shall be 476 available on such terms and conditions of FMLA, and its corresponding 477 regulations are in effect and applicable to such leave when it is requested and is 478 being taken. 479 Procedures for applying for leaves under the Family and Medical Leave Act 480 are outlined in Policy Guide 535.