Termination Due to Incapacity Clause Samples

Termination Due to Incapacity. 11.3.6.1 If, in the opinion of the School, an employee, who by reason of physical or mental incapacity, is not or would not be able to: a) perform adequately the work genuinely and reasonably required for the employment or position in question; b) perform the work without endangering him or herself or other persons; OR c) respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question; AND d) where a medical practitioner confirms that the incapacity is of a permanent nature, THEN the School may terminate the employee’s employment. 11.3.6.2 An employee who fulfils the above provisions must, upon the request of the School, submit to a medical examination or examinations. Failure to attend the medical examination without reasonable cause will be deemed to be evidence of incapacity. 11.3.6.3 An employee is entitled to use all sick leave credit before termination of employment under this clause.

Termination Due to Incapacity. (a) If, in the opinion of the School, an Employee who by reason of physical or mental incapacity is not or would not be able to: • perform adequately the normal duties genuinely and reasonably required of the Employee; • perform the work without endanger to him or herself or other persons; or • respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question, and where a medical practitioner confirms that the incapacity is of a permanent nature, then the School may retire the Employee from his or her employment by giving the appropriate notice in writing. (b) An Employee who fulfils the above provisions must, upon the request of the School, and at the School's expense, submit to a medical examination or examinations. Failure to attend the medical examination without reasonable cause will be deemed to be evidence of incapacity. (c) An Employee is entitled to use all personal/▇▇▇▇▇'s leave credit before retirement under this clause.

Termination Due to Incapacity. Company may terminate this Agreement without cause due to Executive’s continued failure to perform his employment duties due to physical or mental incapacity. For purposes of this Section 5(c), “incapacity” shall mean that for a period of six months in any 12-month period, the Executive is incapable of substantially performing Executive’s employment duties because of physical, mental or emotional incapacity resulting from injury, sickness or disease as determined by an independent physician mutually acceptable to the Company and the Executive. Upon the termination of this Agreement due to the incapacity of the Executive, the Company will pay the Executive or his legal representative, as the case may be, the Severance Payment (as defined in Section 5(d) below), provided that if any Company disability policy is in effect at the time of termination, the salary continuation as described in Section 5(d)(i) shall be reduced on a dollar-for-dollar basis by the amount of payment under such disability policy.

Termination Due to Incapacity. (a) If, in the opinion of the School, an Employee who by reason of physical or mental incapacity is not or would not be able to: • perform adequately the normal duties genuinely and reasonably required of the Employee; • perform the work without endanger to him or herself or other persons; or • respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question, and where a medical practitioner confirms that the incapacity is of a permanent nature or for a period exceeding 12 months, then the School may retire the Employee from his or her employment by giving the appropriate notice in writing.

Termination Due to Incapacity. (a) If, in the opinion of the School, an Employee who by reason of physical or mental incapacity is not or would not be able to: • perform adequately the work genuinely and reasonably required for the employment or position in question; • perform the work without endangering him or herself or other persons; or • respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question, and where a medical practitioner confirms that the incapacity is of a permanent nature, then the School may retire the Employee from his or her employment. (b) An Employee who fulfils the above provisions must, upon the request of the School, submit to a medical examination or examinations. Failure to attend the medical examination without reasonable cause will be deemed to be evidence of incapacity. (c) An Employee is entitled to use all personal/▇▇▇▇▇'s leave credit before retirement under this clause.

Termination Due to Incapacity. 7.6.3.1 If, in the opinion of the School, an employee, who by reason of physical or mental incapacity, is not or would not be able to:

Termination Due to Incapacity. Where Representative is an individual, PBG may terminate this Agreement immediately upon Representative’s death or incapacitation. “Incapacitation” shall be defined as the inability to fulfill the terms and obligations of this Agreement and shall be determined at the sole discretion of PBG. In the event of death or incapacitation, commissions shall be payable to Representative’s designated beneficiary or payee, to the extent permitted by law, for a period of one year following the date of death or incapacitation.

Termination Due to Incapacity a) If, in the opinion of the College, an Employee who by reason of physical or mental incapacity is not or would not be able to: • perform adequately the work genuinely and reasonably required for the employment or position in question; or • perform the work without endangering him or herself or other persons; or • respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question, and where a medical practitioner confirms that the incapacity is of a permanent nature, then the College may retire the Employee from his or her employment. b) An Employee who fulfils the above provisions must, upon the request of the College, and at the College's expense, submit to a medical examination or examinations. Failure to attend the medical examination without reasonable cause will be deemed to be evidence of incapacity. c) An Employee is entitled to use all Personal Leave credit before retirement under this clause.

Termination Due to Incapacity. 7.6.3.1 If, in the opinion of the School, an employee, who by reason of physical or mental incapacity, is not or would not be able to: a) perform adequately the work genuinely and reasonably required for the employment or position in question; b) perform the work without endangering him or herself or other persons; OR c) respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question; AND d) where a medical practitioner confirms that the incapacity is of a permanent nature; THEN the School may terminate the employee’s employment. 7.6.3.2 An employee who fulfils the above provisions must, upon the request of the School, submit to a medical examination or examinations. Failure to attend the medical examination without reasonable cause will be deemed to be evidence of incapacity.