Common use of Disability Definition Clause in Contracts

Disability Definition. Termination by the Company of Employee’s employment based upon “Disability” shall mean termination because of Employee’s absence from Employee’s duties with the Company on a full-time basis for a continuous period of five (5) months as a result of Employee’s incapacity due to physical or mental illness, unless within thirty (30) days after Notice of Termination (as hereinafter defined) is given to Employee following such absence, Employee shall have returned to the full-time performance of Employee’s duties.