Continuing Disability. Notwithstanding anything in this Agreement to the contrary, the Company is hereby given the option to terminate the Employee's employment in the event of the Employee's Continuing Disability. Such option shall be exercised by the Company by giving notice to the employee of the Company's intention to terminate his employment due to Continuing Disability not earlier than 15 days from the receipt of such notice. In the event of the termination of the Employee's employment due to Continuing Disability, the Employee shall be entitled to compensation in accordance with the terms of all disability plan(s) made available to the Employee in which he is a participant at the time of such termination, if any; provided, however, that for a period of 6 months from such date of termination, the Employee shall receive an amount at least equal to the salary provided for in Section 4.1 above, at the rate in effect at the time of such termination, to the extent not provided under any such disability plan. Other rights and benefits under employee benefit plans and programs of the Company, generally, will be determined in accordance with the terms and provisions of such plans and programs. For purposes hereof, Continuing Disability shall mean the inability to perform the essential functions connected with the Employee's duties hereunder, with or without reasonable accommodation, which inability shall have existed for a period of 250 days, even though not consecutive, in any 24 month period. In the event the Employee does not agree with the Company that his inability may reasonably be expected to exist for such period, the opinion of a qualified medical doctor selected by the Employee and reasonably satisfactory to the Company shall be determinative. If, following a termination of employment hereunder due to Continuing Disability, the Employee becomes otherwise employed (whether as an employee, consultant or otherwise, but not solely as a member of a board of directors), any salary or other benefits earned by him from such employment shall be offset against any disability compensation or salary continuation due hereunder.
Continuing Disability. If an employee is unable to perform the work of the position or class adequately due to mental, sensory, or physical incapacity, the institution will make a good faith effort to reasonably accommodate the employee’s disability.
Continuing Disability. (a) After an employee has been paid the maximum of ninety (90) working days' pay provided for in Article 22.02 (a) the employee shall be considered to be on medical layoff. All benefit plans, including recall rights, shall be continued for a further ninety (90) working days. If, after ninety (90) working days on medical layoff the employee is still unable to work in the employee’s established position, the employee, notwithstanding any other provision herein contained, may be terminated, except if, in the opinion of two medical doctors licensed to practice in the Province of B.C., the employee shall recover and be capable of resuming their job within two (2) years of the end of the second ninety (90) days.
Continuing Disability a. After an employee has been paid the maximum of ONE HUNDRED AND TWENTY (120) calendar days' pay provided for in Article 12.04 b., the employee shall be eligible for Long Term Disability Benefits, and all direct pay from the Municipality will cease and seniority will not accumulate (except as laid out in 21.03). In the event that L.T.D. benefits are delayed or deferred for any reason, all Benefit Plans shall be continued for up to a further ONE HUNDRED AND TWENTY (120) calendar days. If, after the second ONE HUNDRED AND TWENTY (120) calendar days on layoff the employee is still unable to work in his established position, the employee, notwithstanding any other provision contained herein, may be terminated, except if the employee is in receipt of sick benefits from the Unemployment Insurance Commission, Workers' Compensation Board, or until Long Term Disability Benefits commence or if in the opinion of two medical doctors licensed to practice in the Province of B.C., the employee will recover and be capable of resuming his job within TWO (2) years of the end of the second ONE HUNDRED AND TWENTY (120) days.
Continuing Disability. Notwithstanding anything in this Agreement to the contrary, the Company is hereby given the option to terminate the Employee’s employment in the event of the Employee’s Continuing Disability. The Company can exercise this option by giving notice to the Employee of the Company’s intention to terminate his employment due to Continuing Disability not earlier than 15 days from the Employee’s receipt of such notice. In the event of the termination of the Employee’s employment due to Continuing Disability, the Employee shall be entitled to salary and bonus accrued and due through the period ending on the date of his termination and any other vested rights and benefits he may have under the employee benefit plans and programs of the Company will be determined in accordance with the terms and provisions of such plans and programs.
Continuing Disability. Notwithstanding anything in this Agreement to the contrary, the Company is hereby given the option to terminate the Employee's employment in the event of the Employee's Continuing Disability. Such option shall be exercised by the Company by giving notice to the Employee of the Company's intention to terminate his employment due to Continuing Disability not earlier than 15 days from the receipt of such notice. In the event of the termination of the Employee's employment due to Continuing Disability, the Employee shall be entitled to salary and bonus accrued and due through the period ending on the date of his termination and any other rights and benefits he may have under the employee benefit plans and programs of the Company, generally, will be determined in accordance with the terms and provisions of such plans and programs. For purposes hereof, "Continuing Disability" shall mean the inability to perform the essential functions connected with the Employee's duties hereunder, with or without reasonable accommodation, which inability shall have existed or shall reasonably be expected to exist for a period of 180 days, even though not consecutive, in any 24 month period. In the event the Employee does not agree with the Company that his inability may reasonably be expected to exist for such period, the opinion of a qualified medical doctor selected by the Employee and reasonably satisfactory to the Company shall be determinative.
Continuing Disability. Company shall have the option of terminating this Agreement on the date that Executive suffers a Continuing Disability (as defined below). If the Board determines that Executive suffers from a Continuing Disability, it shall give Executive written notice of this determination, and the notice shall specify the Termination Date. The determination that Executive has become disabled (and, if so, whether the disability is continuing) shall be made by: (i) the unanimous agreement of a majority of the Board of Directors and Executive (or the personal representative of Executive); or, if they do not agree, then by (ii) the disability insurance carrier, if any disability insurance is in effect for Executive; or, if no insurance is in effect, then by (iii) a physician mutually selected by the Board and Executive (or the personal representative of Executive); or if they do not agree, then by (iv) at least two (2) out of three (3) physicians, one of whom shall be selected by the Board, the second of whom shall be selected by Executive (or the personal representative of Executive), and a third physician, who shall be selected by the first two.
Continuing Disability. Notwithstanding anything in this Agreement to the contrary, the Company is hereby given the option to terminate the Employee's employment in the event of the Employee's Continuing Disability. Such option shall be exercised by the Company by giving notice to the Employee of the Company's intention to terminate his employment due to Continuing Disability not earlier than 15 days from the receipt of such notice. In the event of the termination of the Employee's employment due to Continuing Disability, the Employee shall be entitled to compensation in accordance with the terms of all disability plan(s) made available to the Employee in which he is a participant at the time of such termination, if any; provided, however, that for a period of 6 months from such date of termination, the Employee shall receive continuation of the salary provided for in Section 4.1 for such 6 month period at the rate in effect immediately prior to such termination, to the extent not provided under any such disability plan. Other rights and benefits under employee benefit plans and programs of the Company, generally, will be determined in accordance with the terms and provisions of such plans and programs.
Continuing Disability. A determination of Disability shall be subject to the certification of a qualified medical doctor agreed to by the Company and the Executive or, in the event of the Executive's incapacity to designate a doctor, the Executive's legal representative. In the absence of agreement between the Company and the Executive, each party shall nominate a qualified medical doctor and the two doctors so nominated shall select a third doctor, who shall make the determination as to Disability. For the purposes of this Agreement, the term "Continuing Disability" shall mean generally that Executive has suffered an accident or illness resulting in a physical or mental disease, impairment, incapacity or other condition as a result of which the Executive becomes unable to continue to properly perform all of his duties hereunder, (reasonable absences because of sickness for up to three (3) consecutive months are excepted), and that this condition can be expected to continue (or has continued) for a period of more than one hundred eighty (180) days in any period of twenty four (24) consecutive months. c)
Continuing Disability. A determination of Disability shall be subject to the certification of a qualified medical doctor agreed to by the Company and the Executive or, in the event of the Executive's incapacity to designate a doctor, the Executive's legal representative. In the absence of agreement between the Company and the Executive, each party shall nominate a qualified medical doctor and the two doctors so nominated shall select a third doctor, who shall make the determination as to Disability.
