Complete or Partial Disability Sample Clauses

Complete or Partial Disability. In the event that Superintendent is: (1) unable to perform Superintendent’s duties under this Agreement due to a complete disability; or (2) unable due to disability to perform each and every duty and obligation expected or required of Superintendent hereunder as a full-time employee of the Board of the UCFSD; or (3) at various times completely disabled and at other various times, partially disabled as provided above, the Board shall have, in its sole discretion, the options provided in this Paragraph. Prior to the Board being able to exercise its options hereunder, the complete disability, partial disability, or combination thereof shall continue for a period exceeding ninety (90) days during which Superintendent would otherwise be required to perform services, but for any leave, vacation, or similar days (irrespective of how many leave, vacation, or similar days Superintendent has or may actually accumulate or use). Following Superintendent’s exhaustion of all other leave to which he is entitled, in the event of the complete disability, partial disability, or combination thereof, as provided above, the Board shall have the option of either terminating the employment of Superintendent consistent with the provisions set forth in the Public School Code or of reducing Superintendent’s salary and duties to a level commensurate with Superintendent’s remaining abilities, if any. In the event that Superintendent disagrees with the Board’s option of terminating the employment of Superintendent or of the extent of the reduction in salary and duties to a level commensurate with Superintendent’s remaining abilities, Superintendent shall have the right to demand arbitration for solely this purpose pursuant to and consistent with the rules of the American Arbitration Association and shall be responsible for any filing fees associated with initiating such arbitration. The American Arbitration Association rules pertaining to employment-related matters pursuant to employment agreements shall apply and the venue of any such arbitration proceeding shall take place at the principal offices of the UCFSD. In the event Superintendent is successful in being a prevailing party in the arbitration relating to the unlawful termination or any reduction in salary, the Board shall pay all reasonable legal fees, filing fees, and expert witness fees incurred by Superintendent in bringing the case to arbitration.
Sample 1
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Complete or Partial Disability. In addition to the grounds specified above, this Agreement may be terminated upon a determination by the Board that the Superintendent is incapable of discharging the duties of the position by reason of physical or mental incapacity. If a question exists concerning the capacity of the Superintendent to execute her duties, the Board may require the Superintendent to submit to a medical examination, to be performed by a doctor licensed to practice medicine. The Board and the Superintendent shall mutually agree upon the physician who shall conduct the examination. The examination shall be done at the expense of the Board and the results of the examination shall be made available to the Board and the Superintendent but kept confidential by the Board to the extent permitted by law. Should the Superintendent’s incapacity be temporary in duration, the Board and the Superintendent may agree in writing upon such interim terms and conditions of employment as will permit the Superintendent to return to active employment status without impairing organizational efficiency. Failing such agreement, the Board may initiate termination proceedings in accordance with paragraph 7.e. hereof.
Sample 1
Complete or Partial Disability. In the event that Superintendent is: (1) unable to perform Superintendent’s duties under this Agreement due to a complete disability; or
Sample 1

Related to Complete or Partial Disability

  • Disability If, as a result of the Executive's incapacity due to physical or mental illness, the Executive shall have been absent from his duties with the Company on a full-time basis for six months and within 30 days after written notice of termination is thereafter given by the Company the Executive shall not have returned to the full-time performance of the Executive's duties, the Company may terminate this Agreement for "Disability."

  • Pregnancy Disability Leave (PDL) - An employee is eligible for continuation of MPS in accordance with applicable law.

  • 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.

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