Disability or inability to perform Clause Samples

Disability or inability to perform. If, as the result of long-term or permanent disability, sickness, accident, injury, mental incapacity, or other personal health-related reason, CITY determines that EMPLOYEE is unable to perform her essential duties, with or without reasonable accommodation, after exhausting all authorized use of accrued sick leave, vacation, or other authorized paid/unpaid leave available under applicable CITY policies or state or federal law, CITY COUNCIL may terminate EMPLOYEE. If CITY COUNCIL does elect to terminate EMPLOYEE due to incapacity, EMPLOYEE shall be terminated without cause, as provided in Section I [TERMINATION WITHOUT CAUSE] below. In exercising this option, CITY will comply with its obligations under applicable state and federal disability and public retirement laws.

Disability or inability to perform. (a) In the event the City Attorney becomes mentally or physically incapable of performing the City Attorney’s functions and duties with reasonable accommodation and it reasonably appears such incapacity will last for more than six months; he will be deemed to have resigned from his position. In the event of such resignation, the City Attorney shall receive all severance benefits provided in Section 6.C below.

Disability or inability to perform. In the event ▇▇▇▇▇▇▇▇ becomes mentally or physically incapable of performing his functions and duties with reasonable recommendations and it reasonably appears such incapability will last for more than three (3) months, the City Council may terminate employment of ▇▇▇▇▇▇▇▇; however, in such instance, ▇▇▇▇▇▇▇▇ shall be entitled to severance pay as provided herein. If ▇▇▇▇▇▇▇▇ is terminated because of permanent disability, he shall be compensated in a lump sum for any accrued benefits, to the extent that such benefits are compensable under this Agreement. (See Section VI of this Agreement.) However, City shall have no responsibility to make severance payments pursuant to Section VI.B and C of this Agreement if, and only if, as a result of said disability, ▇▇▇▇▇▇▇▇ is eligible for PERS disability retirement. If, notwithstanding said disability, ▇▇▇▇▇▇▇▇ is determined not to be eligible for PERS disability retirement, then the City shall pay ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ pay from the effective date of his termination in accordance with Section VI.B and C of this Agreement.

Disability or inability to perform. In the event EMPLOYEE becomes disabled within the meaning of the Americans With Disabilities Act and/or the California Fair Employment and Housing Act and thereby mentallyor physically incapable of performing his/her functions and duties with reasonable accommodations and it reasonably appears such incapability will last for more than six (6) months, the City Council may separate the employment of EMPLOYEE. In the event the Cityseparates EMPLOYEE pursuant to this Section 5(c), the City shall pay EMPLOYEE Severance subject to and except as is stated in the following conditions: (i) the amount of the Severance shall be calculated as of the date the City notifies EMPLOYEE of the City’s determination to separate him;

Disability or inability to perform. In the event ▇▇▇ becomes mentally or physically incapable of performing the Interim General Manager’s functions and duties with reasonable accommodation and it reasonably appears such incapacity will last for more than six months, the Board may terminate ▇▇▇ from the Interim General Manager position. If the Board does elect to terminate ▇▇▇ from the Interim General Manager position due to incapacity, ▇▇▇ shall be reinstated to his previous employment position of District Engineer/Deputy General Manager.

Disability or inability to perform. (a) In the event the City Manager becomes mentally or physically incapable of performing the City Manager’s functions and duties with reasonable accommodation and it reasonably appears such incapacity will last for more than six months, he will be deemed to have resigned from his position. In the event of such resignation, the City Manager shall receive all severance benefits provided in Section 6.C below.

Disability or inability to perform. In the event EMPLOYEE becomes disabled within the meaning of the Americans With Disabilities Act and/or the California Fair Employment and Housing Act and thereby mentally or physically incapable of performing his/her functions and duties with reasonable accommodations and it reasonably appears such incapability will last for more than six (6) months, the City Council may separate the employment of EMPLOYEE. In the event the City separates EMPLOYEE pursuant to this Section 5(c), the City shall pay EMPLOYEE Severance subject to and except as is stated in the following conditions: (i) the amount of the Severance shall be calculated as of the date the City notifies EMPLOYEE of the City’s determination to separate him; (ii) the only Severance that EMPLOYEE shall be entitled to is that set forth in Section 5(a)(i); (iii) EMPLOYEE shall not be paid nor shall he be entitled to be paid Severance in the event that EMPLOYEE is eligible to receive workers’ compensation, State disability, disability insurance, PERS disability retirement and/or any other available disability benefits;

Disability or inability to perform. (a) In the event the City Manager becomes permanently disabled to the extent that he cannot perform the full range of the essential functions of his position as determined by his treating physician or is otherwise unable to perform the full range of the essential functions of his position because of sickness, accident, injury, mental incapacity or other health reasons with reasonable accommodation and it reasonably appears such incapacity will last for more than six months, the City Council may terminate the City Manager. If the City Council does elect to terminate the City Manager due to incapacity, the City Manager shall not receive severance benefits provided in Section VI(C), below.

Disability or inability to perform. (1) In the event the Chancellor & ▇▇▇▇ becomes mentally or physically incapable of performing the essential functions of his position as Chancellor & ▇▇▇▇, with or without reasonable accommodation, and it reasonably appears such incapacity will last for more than six months, the College may terminate this Agreement and the Chancellor & ▇▇▇▇ will return to the Faculty as Distinguished Faculty and receive the long-term disability benefits available to the Faculty. (2) In the event the Chancellor & ▇▇▇▇ becomes mentally or physically incapable of performing the essential functions of his position as Chancellor & ▇▇▇▇, with or without reasonable accommodation, for a period not anticipated to exceed six months, the College may temporarily suspend with full pay the Chancellor & ▇▇▇▇'▇ duties and appoint an interim Chancellor & ▇▇▇▇. If the Chancellor & ▇▇▇▇ is unable to adequately resume performance of duties after a six (6) month period, the Board may treat the matter as a permanent or long-term disability and may terminate the Chancellor & ▇▇▇▇ as set forth in subparagraph (1) above.