Common use of Disability or Incapacity Clause in Contracts

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 period, it may terminate this Con­ tract, and it shall have no further obligations hereunder.

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 ninety (1290) workweeks calendar days for purpose of recovery. The Superintendent shall first exhaust any accumulated sick leave and accrued vacation time. Board contributions towards health plan pre­ mium premium 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 ninety (90) calendar 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 period, it may terminate this Con­ tractContract, and it shall have no further obligations hereunderprovide the superintendent with the severance pay as specified in 11a.

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 ninety (1290) workweeks work days for purpose of recovery. The Superintendent shall first exhaust any accumulated sick leave and accrued vacation time. Board contributions towards health Health plan pre­ mium premium 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 includeinclude the following: 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 regiment 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 ninety (90) work day days 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 period, it may terminate this Con­ tractContract, and it shall have no further obligations hereunder. Such action by the Board shall not affect any rights the Superintendent may have under group long-term disability coverage.

Disability or Incapacity. In the event of the Superintendent's ’s mental and/or physical incapacity to perform the duties of his assignment, he shall be granted an initial leave up to twelve ninety (1290) workweeks work days for purpose of recovery. This leave shall run concurrently with any leave for which the Superintendent is eligible under the Family and Medical Leave Act and its implementing regulation. The Superintendent shall first exhaust any accumulated sick leave and accrued vacation time, with the balance of the ninety (90) work day period to be remunerated under the District’s short-term disability plan, according to the eligibility and payment terms and conditions of that plan. Board contributions towards Premium payments for health plan pre­ mium payments insurance coverage to the Superintendent (and his dependents) during his absence shall be made on behalf of the Superintendent during this interval paid to the extent of the Superintendent’s eligibility for leave under the Family and Medical Leave Act and according to the Board and employee premium contributions required by lawin Paragraph 13 of this Contract. In order to utilize leave under this provision, the Superintendent shall first furnish medical certification to the Board respective the necessity for leave. If the Superintendent’s leave is taken under the Family and Medical Leave Act, the certification shall be as set forth in form WH380-E, entitled Certification of Health Care Provider for Employee’s Serious Health Condition (or its designee) respecting successor form). If the necessity medical certification furnished by the Superintendent is 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 any period outside of the Superintendent's present incapacity. b. Diagnosis of ’s eligibility for leave under the serious health condition. c. A statement of regimen of treatment. d. An indication Family and Medical Leave Act, the certification shall include an assessment of whether inpatient hospitalization is required. e. An opinion of whether or not the Superintendent is able to perform the essential functions of his positionposition without creating direct threat to the health or safety of either himself or others in the work environment. 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 ninety (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 verified written prognosis 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 ’s health care provider. A second opinion may be required by the Board, at its expense, to the extent that this requirement is not inconsistent with the Superintendent’s rights under the Family and Medical Leave Act. The Superintendent's ’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 able to fully perform his duties essential job functions at the expiration of a leave period, it may terminate this Con­ tractContract, and it shall have no further obligations hereunder. Such action by the Board shall not affect any rights the Superintendent may have under the group long-term disability coverage.