Common use of Inability to Perform Essential Functions Clause in Contracts

Inability to Perform Essential Functions. Subject to the requirements of the Family and Medical Leave Act, the Americans With Disabilities Act, and any other provision of applicable law, Authority may terminate this Agreement if it determines that the Executive Director is unable to mentally or physically perform the essential functions of his/her job as Executive Director, with or without reasonable accommodation, for an extended period of time (not less than ninety (90) days in any given twelve (12) month period.) The Board of the Authority shall make such determination in its sole discretion, provided that in making the decision as to whether the Executive Director can perform the essential functions of the job, and whether or not an accommodation is reasonable, it shall review all available and relevant information, including medical information.

Appears in 5 contracts

Samples: Contract of Employment, Housing Authority, Housing Authority

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