Common use of Disability or Incapacity Clause in Contracts

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 that the of 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 the 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 the 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.