Common use of Third Failure Clause in Contracts

Third Failure. Failure to retake or pass the test within 90 days after the second attempt will result in the employee’s third failure. • After employee’s third failure, he/she shall be placed on non-active duty leave. While on non-active duty leave, the employee may remain in pay status through the use of compensatory time, sick time if it meets village criteria for use of sick time, and/or accumulated vacation leave, if any. • After being placed on non-active duty leave, the employee may retake the previously failed EJFT skill review a fourth time within a period not to exceed 30 calendar days. • If the firefighter passes the portion(s) of the skill review that he/she had previously failed, they shall be returned to active duty status.

Third Failure.  Failure to retake or pass the test within 90 days after the second attempt will result in the employee’s third failure. •  After employee’s third failure, he/she shall be placed on non-active duty leave. While on non-active duty leave, the employee may remain in pay status through the use of compensatory time, sick time if it meets village criteria for use of sick time, and/or accumulated vacation leave, if any. •  After being placed on non-active duty leave, the employee may retake the previously failed EJFT skill review a fourth time within a period not to exceed 30 calendar days. •  If the firefighter passes the portion(s) of the skill review that he/she had previously failed, they shall be returned to active duty status.