Common use of Disability of Superintendent Clause in Contracts

Disability of Superintendent. Disability shall be defined as physical or mental disability as documented by competent medical evidence, which after reasonable accommodation of such disability as required by law substantially interferes with Superintendent’s ability to perform the essential functions of his employment for a continuous period of one (1) year or more. Nothing herein shall be construed to deny Superintendent sick leave and/or other benefits to which he is entitled. The Board may terminate this Agreement by written notice to Superintendent at any time after such period of disability lasts one (1) year or more. Superintendent shall continue to be eligible for all accumulated sick leave and such other leave to which he is entitled. If questions exist concerning the capacity of Superintendent to return to his duties, the Board may require Superintendent to submit to a medical examination, to be performed by a doctor licensed to practice medicine. The Board and Superintendent shall mutually agree upon the physician who shall conduct the examination. If requested by the Board, the examination shall be done at the expense of the Board. The physician shall limit this report to the issue of whether Superintendent has a continuing disability, which prohibits him from performing his duties.