DISABILITY CLAUSE Clause Samples

DISABILITY CLAUSE. 15.01 If an employee incurs a disability which prevents them from performing their regular duties in the bargaining unit, the Company and the Union shall make every effort to arrange the establishment of the employee in a position suitable to their capabilities. If the rate of pay for such a position is less than the employee’s regular rate of pay the Company also agrees to maintain the employee’s rate of pay while so placed for a period up to twelve (12) months. The Company and the Union will make reasonable accommodation, for example workplace modification, such that the disabled employee may be able to perform their essential duties.

DISABILITY CLAUSE. An employee upon certification by his/her doctor, that because of his/her disability or condition of health, is no longer able to satisfactorily perform the job duties of the position he/she occupies, may be assigned in line with his/her seniority and ability, to an open job which he/she is capable of satisfactorily performing subject to the provisions in Article 9, Section 1.

DISABILITY CLAUSE. This Power of Attorney is effective now and remains in effect even if I become disabled or incapacitated.

DISABILITY CLAUSE. If, in the reasonable determination of the Superintendent supported by competent medical authority, the Employee shall become unable to perform the duties required because of serious physical, mental or emotional disability or other incapacity, the Superintendent may, upon at least thirty (30) days written notice, transfer the employee to a substantially similar position if available and, if not, terminate the employee upon expiration of any FMLA leave to which the employee is entitled. Any such action is subject to recall, rehire and accommodation rights provided by statute or employer policy, and shall not affect the Employee's right to receive applicable sick leave or disability payments provided for by Employer policy. It is expressly understood that beginning on the ninety-first day of any such protracted illness that the school district will not be responsible for paying any further compensation to the [position] for any portion of his/her continuing, disability, regardless of whether the disability insurer does or does not deny the claim and regardless of whether the monies paid by the disability insurer are or are not equal to the weekly compensation he/she would have received from the school district. Finally, in the event that the disability insurer’s payments retroactively apply to cover some or all of the portion of time between when his/her sick-leave was exhausted and the ninetieth day of illness (upon which accumulated sick days ceased), the Committee shall be reimbursed by the [position] for the money it paid during that period.