SEPARATION BECAUSE OF INCAPACITY Sample Clauses

SEPARATION BECAUSE OF INCAPACITY. When a Faculty Member has become physically or mentally incapable of or unfit for the efficient performance of duties of his/her position, the President may recommend to the Board that the person be separated from state service in good standing. The Board may require that the Faculty Member receive a physical or mental examination by competent medical professionals, at the expense of the Board.
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SEPARATION BECAUSE OF INCAPACITY. ‌ When a professional staff member has become physically or mentally incapable of or unfit for the efficient performance of duties of his/her position, the employer may separate the individual in good standing. Unless otherwise agreed, any medical determination hereunder shall be only by mutually agreed-upon medical authority. Any such action shall be subject to the grievance and arbitration provisions of this Agreement. Prior to or at the time of requesting a medical determination, the Board or its representative will provide the unit member with a statement of the problem and disclose to him/her any information to be considered, except as otherwise provided by law. The professional staff member shall be informed in writing of his/her right to Congress representation. Either the employer or the unit member may request that the medical authority determine whether or not there might be a basis for such a medical determination.

Related to SEPARATION BECAUSE OF INCAPACITY

  • Re-employment After Voluntary Termination or Dismissal for Cause Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re-employment, according to regulations applying to new employees.

  • SEPARATION OF EMPLOYMENT (a) If an employee is discharged by the Employer, he shall be paid in full for all monies owing to him by the Employer on the date of his discharge.

  • Termination of Employment Executive's employment hereunder may be terminated under the following circumstances:

  • Involuntary Termination “Involuntary Termination” shall mean (i) without the Employee’s express written consent, the significant reduction of the Employee’s duties or responsibilities relative to the Employee’s duties or responsibilities in effect immediately prior to such reduction; provided, however, that a reduction in duties or responsibilities solely by virtue of the Company being acquired and made part of a larger entity (as, for example, when the Chief Financial Officer of Company remains as such following a Change of Control and is not made the Chief Financial Officer of the acquiring corporation) shall not constitute an “Involuntary Termination”; (ii) without the Employee’s express written consent, a substantial reduction, without good business reasons, of the facilities and perquisites (including office space and location) available to the Employee immediately prior to such reduction; (iii) without the Employee’s express written consent, a material reduction by the Company in the Base Compensation or Target Incentive of the Employee as in effect immediately prior to such reduction, or the ineligibility of the Employee to continue to participate in any long-term incentive plan of the Company; (iv) a material reduction by the Company in the kind or level of employee benefits to which the Employee is entitled immediately prior to such reduction with the result that the Employee’s overall benefits package is significantly reduced; (v) the relocation of the Employee to a facility or a location more than 50 miles from the Employee’s then present location, without the Employee’s express written consent; (vi) any purported termination of the Employee by the Company which is not effected for death or Disability or for Cause; or (vii) the failure of the Company to obtain the assumption of this agreement by any successors contemplated in Section 10 below.

  • Termination Without Cause The Company may terminate the Executive’s employment hereunder at any time without Cause. Any termination by the Company of the Executive’s employment under this Agreement which does not constitute a termination for Cause under Section 3(c) and does not result from the death or disability of the Executive under Section 3(a) or (b) shall be deemed a termination without Cause.

  • Death or Disability The Executive's employment shall terminate automatically upon the Executive's death during the Employment Period. If the Company determines in good faith that the Disability of the Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to the Executive written notice in accordance with Section 12(b) of this Agreement of its intention to terminate the Executive's employment. In such event, the Executive's employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Executive (the "Disability Effective Date"), provided that, within the 30 days after such receipt, the Executive shall not have returned to full-time performance of the Executive's duties. For purposes of this Agreement, "Disability" shall mean the absence of the Executive from the Executive's duties with the Company on a full-time basis for 180 consecutive business days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the Company or its insurers and acceptable to the Executive or the Executive's legal representative.

  • Discipline for Just Cause Disciplinary action shall be taken only for just cause, however probationary employees may be discharged without just cause and shall have no right to grieve discharge (see Article 7, Probationary Period). Disciplinary action, except discharge, shall have as its purpose the correction or elimination of incorrect work-related behavior by an employee. Supervisors may not take disciplinary action against an employee who, in good faith, reports a violation of any federal or state law or regulation to a governmental body or law enforcement official. Disciplinary action may not be taken against an employee who is requested by a public agency to participate in an investigation, hearing, or inquiry, as well as an employee who refuses to participate in any activity that the employee, in good faith, believes violates state or federal law.

  • Separation ‌ Any employee, who has been employed for at least six (6) continuous months will be entitled to payment for vacation leave credits when they:

  • Probation & Termination 5.1 Permanent Employees will initially be employed on 3 months probation (the “Probation Period”). During the Probation Period, either the Employer or Employee may terminate the employment relationship by giving at least one day's notice of their intention to terminate. The Probation Period will not affect the 6 month qualifying period under the Act. The Employer may at any time during or on completion of the Probation Period confirm the Employee's ongoing employment with the Employer.

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