Disability or Incapacity Clause Samples

Disability or Incapacity. If, for a period of 90 consecutive days during the Employment Term, Employee is disabled or incapacitated for mental, physical or other cause to the extent that she is unable to perform their duties as herein contemplated during such 90-day period, Employer shall immediately thereafter have the right to terminate this Agreement upon providing ten days’ written notice to Employee and shall be obligated to pay Employee compensation up to the date of such termination.

Disability or Incapacity. If, for a period of ninety (90) consecutive days during the continuing term of this Agreement, Employee is disabled or incapacitated for mental, physical or other cause to the extent that they are unable to perform their duties as herein contemplated during said ninety (90) consecutive days, Employer shall immediately thereafter have the right to terminate this Agreement upon providing ten (10) days’ written notice to Employee and shall be obligated to pay Employee compensation up to the effective date of said termination. The right of termination in this section in no way affects or diminishes other rights of termination as stated in this Agreement, the Equity Plan, and/or the Plan.

Disability or Incapacity. In the event of disability or incapacitating illness rendering the Resident unable to perform the essential functions of his/her assigned duties for a period of ninety (90) days or more as may be required under the Family Medical Leave Act or the Americans with Disabilities Act, Medical Center at its sole discretion may terminate this Agreement upon thirty (30) days written notice and dismiss Resident from the Program.

Disability or Incapacity. In the event that the Supervisor's mental and/or physical incapacity to perform the duties of their office, they shall be granted an initial leave of ninety (90) work days for purpose of recovery. The Supervisor shall first exhaust any accumulated sick leave and accrued vacation time. The balance of the ninety (90) work day period shall be paid under the District’s short-term disability plan (60%). Health plan premium payments shall be made on behalf of Supervisor during this interval to the extent required by law. Upon utilizing leave under this provision, the Supervisor shall furnish medical certification to the Board (or its designee) respecting the necessity for the leave. If the Board (or designee) has reason to doubt the validity of the medical certification supplied by the Supervisor, it may require a second opinion, at Board expense. The Supervisor may request a ninety (90) workday unpaid leave extension in the event of their physical and/or mental inability to return to work at the expiration of the initial leave interval, as described above, provided that there is reasonable likelihood that the Supervisor will be able to resume their duties at the end of the extended leave interval. Medical certification shall be supplied by the Supervisor as a condition to any leave extension. Any extensions of leave for this purpose shall be at the discretion of the Board. If the Supervisor is unable to or does not resume work at the conclusion of a leave taken under this paragraph (or any extension thereof), their employment and this Contract may be terminated at the option of the Board. However, no such termination shall occur where restoration after leave is required by the Family and Medical Leave Act. Prior to resumption of duty after an unpaid leave of absence for a serious health condition, the Supervisor shall provide to the Board a fitness for duty certification from Supervisor's health care provider. A second opinion may be required by the Board, at its expense, unless the securing of the second opinion in this context is precluded by the Family and Medical Leave Act.

Disability or Incapacity. In the event of Executive’s physical or mental inability to perform his essential duties hereunder, for a period of greater than six (6) months and where all leave entitlements have been exhausted during the term of this Agreement.

Disability or Incapacity. In the event of the Superintendent's mental and/or physical incapacity to perform the duties of his assignment, he shall be granted an initial leave up to twelve (12) workweeks for purpose of recovery. The Superintendent shall first exhaust any accumulated sick leave and accrued vacation time. Board contributions towards health plan pre­ mium payments shall be made on behalf of the Superintendent during this interval to the extent required by law. In order to utilize leave under this provision, the Superintendent shall first furnish medical certification to the Board (or its designee) respecting the necessity for the leave. This certification, from the Superintendent's health care provider, shall include: a. The date the serious health condition commenced and the health care provider's best medical judgment concerning the probable duration of the condition including the probable duration of the Superintendent's present incapacity. b. Diagnosis of the serious health condition. c. A statement of regimen of treatment. d. An indication of whether inpatient hospitalization is required. e. An opinion of whether or not the Superintendent is able to perform the essential functions of his position. The Board (or designee) may require a second opinion, at Board expense, by a physician selected by the Board. The Superintendent may request up to a 90 work day unpaid leave extension in the event of his physical and/or mental inability to return to work at the expiration of the initial leave interval, as described above, provided that there is a reasonable likelihood that the Superintendent will be able to resume his duties at the end of the extended leave interval. Medical certification shall be supplied by the Superintendent as a condition to any leave extension. The Board may require a second opinion at its expense by a physician selected by the Board. Any extensions of leave for this purpose shall be at the discretion of the Board. Prior to the resumption of duties after an unpaid leave of absence for a serious health condition, the Superintendent shall provide to the Board a fitness for duty certification from the Superintendent's health care provider. A second opinion may be required by the Board, at its expense. The Superintendent's employment is contingent upon being fit to fully perform the essential responsibilities of the position. In the event the Board determines that the Superintendent is not fit to fully perform his duties at the expiration of a leave per...

Disability or Incapacity. If Employee becomes physically or mentally unable to perform his essential duties hereunder, with or without reasonable accommodations, the Company will continue Employee's benefits provided under this Agreement to the extent permitted by the applicable plan documents or insurance agreements and will pay Employee the difference between his base salary and any benefits received by him under any disability insurance policy during the period of the disability or incapacity for up to the lesser of either 13 weeks following the date Employee is first unable to perform his duties due to such disability or incapacity or for a cumulative period of 26 weeks during the term of this Agreement. In addition, the Company shall continue such benefits and compensation referred to above for so long as the Company elects not to terminate Employee pursuant to Paragraph 11 below.

Disability or Incapacity. In the event that Superintendent is unable to perform the essential functions of the Superintendency due to mental or physical incapacity, he shall be granted an initial leave up to ninety (90) calendar days for recovery, upon submission of medical certification in a form satisfactory to the Board. The Board may require additional opinion(s) at its expense consistent with the Family Medical Leave Act, if applicable. The Superintendent shall first exhaust any accumulated sick leave or accrued vacation, with the balance, if any to be unpaid. Health plan premiums shall be paid during this period to the extent required by law. The Superintendent may request extensions in up to ninety (90) calendar day intervals in the event the incapacity or disability continues, provided that there is a reasonable likelihood that the Superintendent will be able to resume his duties at the end of the extended leave interval. The Board may request medical certification of the need for continuation of the leave and may require additional opinion(s) at its expense. Any extensions of leave for this purpose shall be at the sole discretion of the Board. Prior to resumption of employment after any leave pursuant to this paragraph, the Superintendent shall submit a fitness for duty certification. The Board of Education shall be entitled to terminate this Contract during its term in the event that the Superintendent is unable to perform the essential functions of his responsibilities at the expiration of an approved medical or disability leave, or any extension thereof, pursuant to this paragraph. However, no such termination shall occur if restoration after leave is required by the Family and Medical Leave Act.

Disability or Incapacity. In the event of the Director's mental and/or physical incapacity to perform the duties of their office, they shall be granted an initial leave of ninety (90) work days for purpose of recovery. The Director shall first exhaust any accumulated sick leave and accrued vacation time. The balance of the ninety