Common use of Physical Incapacity Clause in Contracts

Physical Incapacity. Her physical condition or capacity is such that her health would be impaired if she were to continue teaching, and which physical incapacity shall be deemed to exist only if: The pregnant employee fails to produce a certification from her physician that she is medically able to continue working; or The Board of Education’s physician and the employee’s physician agree that she cannot continue working; or Following any difference of medical opinion between the Board’s physician and the employee’s physician, the Board requests expert consultation, in which case the Bergen County Medical Society shall be requested to appoint an impartial third physician who shall examine the employee and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue working. The expense of any examination by an impartial third physician under this paragraph shall be shared equally by the employee and the Board. 1. Any other ”just cause” as defined in N.J.S.A. Title 18A and Article IV(C). 2. Where disability leaves have been approved, the commencement or termination dates thereof may be further extended or reduced for medical reasons upon application by the employee to the Board. Such extensions or reductions shall be granted by the Board for additional reasonable periods of time provided, however, that the Board may alter the requested dates upon a finding that such extensions or reductions would substantially interfere with the administration of the school and/or with the education of the pupils, and provided further that such change by the Board is not medically contraindicated. All extensions of such leaves shall in any event be subject to the provisions of N.J.S.A. 18A:30-1, et seq., and specifically N.J.S.A. 18A:30-6 and 18A:30-7. 3. These provisions shall not be deemed to impose on the Board any obligation to grant or extend a disability leave of absence of any non-tenured employee beyond the end of the contract school year in which the leave is obtained.

Physical Incapacity. Her physical condition or capacity is such that her health would be impaired if she were to continue teaching, and which physical incapacity shall be deemed to exist only if: The : 1) the pregnant employee teacher fails to produce a certification from her physician that she is medically able to continue workingteaching; or The or 2) the Board of Education’s 's physician and the employee’s teacher's physician agree that she cannot continue workingteaching; or Following or 3) following any difference of medical opinion between the Board’s 's physician and the employee’s teacher's physician, the Board requests requires expert consultation, in which case the Bergen County Medical Society shall be requested to appoint an impartial third physician who shall examine the employee teacher and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue workingteaching. The expense of any examination by an impartial third physician under this paragraph shall be shared equally by the employee teacher and the Board. 1. Any other ”"just cause” " as defined in N.J.S.A. Title 18A and Article IV(C). 2. Where disability leaves have been approved, the commencement or termination dates thereof may be further extended or reduced for medical reasons upon application by the employee teacher to the Board. Such extensions or reductions shall be granted by the Board for additional reasonable periods of time provided, however, that the Board may alter the requested dates upon a finding that such extensions or reductions would substantially interfere with the administration of the school and/or with the education of the pupils, and provided further that such change by the Board is not medically contraindicated. All extensions of such leaves leave shall in any event be subject to the provisions of N.J.S.A. 18A:30-1, et seq., and specifically N.J.S.A. 18A:30-18A:30- 6 and 18A:30-7. 3. These provisions shall not be deemed to impose on the Board any obligation to grant or extend a disability leave of absence of any non-tenured employee teacher beyond the end of the contract school year in which the leave is obtained.