Common use of “Disabled” Defined Clause in Contracts

“Disabled” Defined. As used in this Agreement, “Disabled” means any mental or physical condition that renders Employee unable to perform the essential functions of his position, with or without reasonable accommodation, as defined by various state and federal disability laws. Employee is presumed to have such a disability for the purpose of this Agreement if Employee qualifies because of illness or incapacity to begin receiving disability income insurance payments under any long-term disability income insurance policy that Employer maintains for the benefit of Employee. If there is no long-term disability policy in effect at the date of Employee’s illness or incapacity, Employee is presumed to have such a disability for the purpose of this Agreement if Employee is substantially incapable of performing his duties for a period of more than twelve (12) consecutive weeks or as may otherwise be required by applicable law.