Employee Incapacity Sample Clauses

Employee Incapacity. If, after hire, an employee becomes unable to perform his/her duties by reason of illness or other physical or mental disability, which condition shall persist in whole or in part until the exhaustion of accumulated sick leave, and, in addition, the consecutive exhaustion of the leave provisions of the Family and Medical Leave Act, the Board of Trustees may elect, upon ten days written notice to the employee, to terminate the person's employment with the District. Termination under these circumstances will be based upon an individualized assessment of the employee’s continued ability to perform the job in question. Such an assessment will be based on appropriate medical information and/or opinion, the employee’s own admission of incapacity and the specific requirements of the position. A recommendation will be made only after it has been determined that the employee’s condition, disability or illness cannot be reasonably accommodated by the employer. In no event shall the employer be obligated to compensate an employee for work not performed, except as allowed under applicable leave provisions.
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Employee Incapacity. If, as a result of Employee's incapacity because of physical or mental illness, Employee shall have been absent from his duties with the Company on a full-time basis for five consecutive months or for more than an aggregate of six months in any Employment Year, and within thirty days after written Notice of Termination is given he shall not have returned to the full-time performance of his duties, the Company may terminate Employee's employment for "Disability."
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Employee Incapacity. If, after hire, an employee becomes unable to perform his or her essential duties by reason of illness or physical or mental disability, wh ich condition shall persist in whole or in part until the exhaustion of accumulated paid leave, and, in addition, the consecutive exhaustion of the leave provisions of the Family And Medical Leave Act, the Board of Trustees may elect, upon ten (10) days written notice to the employee, to terminate the person' s employment with the District. Termination under these circumstances will be based upon an individualized assessment of the employee's continued ability to perform the job in question. Such an assess ment will be based on appropriate medical information and/or opinion, the employee's own admissions of incapacity and the specific requirements of the position. A recommendation will be made only after it has been determined that the employee' s condition, disability or illness cannot be reasonably accommodated by the employer. In no event shall the employer be obligated to compensate an employee for work not performed, except as allowed under applicable leave provisions.
Sample 1

Related to Employee Incapacity

  • Illness or Incapacity If, during any term of this Agreement, Executive shall become unable to perform his duties by reason of illness or incapacity, then Employer, may, at its option, terminate this Agreement. In such event, the notice period shall be not less than the applicable elimination period in any employee disability plan of the Employer in which Executive participates. It is agreed that the determination of illness or incapacity shall be made upon the basis of qualified medical evidence and if, during the notice period, Executive returns to work and is capable of carrying out his duties, then Employer's right to terminate for illness or incapacity is suspended.

  • Termination of Employment by the Company Without Cause The Company may terminate the Executive’s employment without Cause during the Term upon written notice to the Executive. If the Executive’s employment is so terminated by the Company in connection with or within one year after a Change in Control, the Executive shall thereupon be entitled to the following:

  • Incapacity If a Limited Partner is subject to Incapacity, the executor, administrator, trustee, committee, guardian, conservator or receiver of such Limited Partner’s estate shall have all the rights of a Limited Partner, but not more rights than those enjoyed by other Limited Partners, for the purpose of settling or managing the estate, and such power as the Incapacitated Limited Partner possessed to Transfer all or any part of its interest in the Partnership. The Incapacity of a Limited Partner, in and of itself, shall not dissolve or terminate the Partnership.

  • Termination of Employment by the Company for Cause The Company may terminate the Executive’s employment for Cause during the Term upon written notice to the Executive. If the Executive’s employment is so terminated by the Company, the Term shall end as of the Date of Termination and the Executive shall thereupon be entitled solely to the following:

  • Termination of Employment by the Executive During the Term, the Executive may terminate employment with the Company with or without Good Reason (as defined below) by delivering to the Company, not less than thirty (30) days prior to the Termination Date, a written notice of termination; provided, that, if such termination of employment is by the Executive with Good Reason, such notice shall state in reasonable detail the facts and circumstances that constitute Good Reason. This provision does not change the at-will nature of Executive's employment, and the Company may end Executive's employment, pursuant to Executive's notice, prior to the expiration of the thirty (30) days' notice.

  • Good Reason; Other Than for Cause, Death or Disability If, during the Employment Period, the Company shall terminate the Executive's employment other than for Cause or Disability or the Executive shall terminate employment for Good Reason:

  • Resignation of Employment The Executive confirms his/her resignation of his/her employment and of his/her position as an officer of the Company effective (the “Resignation Date”). The parties hereby acknowledge and agree that the Executive’s resignation of employment constitutes a “separation from service” from the Company within the meaning of Section 409A(a)(2)(A)(i) of the Internal Revenue Code of 1986, as amended (the “Code”), and Treasury Regulation Section 1.409A-1(h) (a “Separation from Service”). As of the Resignation Date, the Employment Agreement shall automatically terminate and be of no further force and effect, and neither the Company nor the Executive shall have any further obligations thereunder, except as expressly provided herein. Notwithstanding the foregoing, the Company shall be obligated to Executive for severance payments and continuation of benefits as contemplated by Section 7 of the Employment Agreement and as set forth in Section 3 below.

  • Termination of Employment by the Company During the Term, the Company may terminate the Executive's employment at any time with or without Cause (as defined below) pursuant to the Notice of Termination provision below.

  • Termination of Employment by Employee The Employee may terminate his employment at any time. However, he shall be deemed to have terminated his employment for "Good Reason" only if he terminates his employment by giving Notice of Termination pursuant to Paragraphs 6(d) and 6(e)(iii) within ninety (90) days after the occurrence of any of the following events (provided the Company does not cure such event within ten (10) days following its receipt of the Employee's Notice of Termination):

  • Permanent Disability Permanent Disability" shall mean Employee's physical or mental incapacity to perform his or her usual duties with such condition likely to remain continuously and permanently as determined by Employer.

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