Removal from Position Upon Disability Sample Clauses
The "Removal from Position Upon Disability" clause establishes the conditions under which an individual may be removed from their role if they become unable to perform their duties due to a disability. Typically, this clause outlines the process for determining disability, such as requiring medical certification or a specified period of incapacity, and details the steps for removal or replacement. Its core function is to ensure organizational continuity and clarify the procedure for addressing situations where a key person is no longer able to fulfill their responsibilities due to health reasons.
Removal from Position Upon Disability. If during the Term, as a result of a physical or mental incapacity or infirmity, the Executive is unable to perform the essential functions of his job with or without reasonable accommodation for a period or periods aggregating 90 days during any 12-month period, the Executive shall be deemed disabled (his “Disability”) and the Company, by written notice to the Executive, shall have the right to remove him from his position. The Executive’s status as an inactive employee of the Company shall continue after such removal for the period of time that his Disability continues. However, the Company shall have no obligation to reinstate or otherwise continue the Executive’s employment if he should recover from his Disability and any such termination shall not constitute a termination without Cause or without Good Reason (as herein defined). The existence of his Disability shall be determined by a reputable, licensed physician selected by the Company in good faith, whose determination shall be final and binding on the parties.
Removal from Position Upon Disability. If during the Term, the Executive incurs a Disability, then the Company, by written notice to the Executive, shall have the right to remove him from his position and any such termination shall not constitute a termination without Cause. For purposes of this Agreement, “Disability” shall have the same meaning given such term in the long-term disability plan or policy maintained by the Company.
Removal from Position Upon Disability. If, during the Term, the Executive becomes physically or mentally disabled, whether totally or partially, so that the Executive is unable to perform the essential functions of her job, with or without reasonable accommodation, for a period or periods aggregating 90 days during any twelve month period, the Company may at any time after such 90th day of disability, by written notice to the Executive, remove her from her position for the remainder of the Term of the Executive’s employment hereunder. The Executive’s employment status with the Company will continue after such removal for a period of time so that the Executive may receive certain benefits as outlined in Section 4.6. The Company shall have no obligation to reinstate her position or otherwise continue the Executive’s employment if she should recover from her disability and such termination shall not constitute a termination without Cause (as defined in Section 4.3).
Removal from Position Upon Disability. If during the Term, as a result of Disability, the Executive is unable to perform the essential functions of his job with or without reasonable accommodation, the Company, by written notice to the Executive, shall have the right to remove him from his position. The Executive’s status as an inactive employee of the Company shall continue after such removal for the period of time that his Disability continues. However, the Company shall have no obligation to reinstate or otherwise continue the Executive’s employment if he should recover from his Disability and any such termination shall not constitute a termination without Cause or without Good Reason (as herein defined). For purposes hereof, “Disability” shall mean that the Executive either (i) is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months or (ii) is, by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than three months under the Company’s accident and health plan. The existence of a Disability shall be determined by a reputable, licensed physician selected by the Company in good faith, whose determination shall be final and binding on the parties.