Continuing Disability. Notwithstanding anything in this Agreement to the contrary, the Company is hereby given the option to terminate the Employee's employment in the event of the Employee's Continuing Disability. Such option shall be exercised by the Company by giving notice to the employee of the Company's intention to terminate his employment due to Continuing Disability not earlier than 15 days from the receipt of such notice. In the event of the termination of the Employee's employment due to Continuing Disability, the Employee shall be entitled to compensation in accordance with the terms of all disability plan(s) made available to the Employee in which he is a participant at the time of such termination, if any; provided, however, that for a period of 6 months from such date of termination, the Employee shall receive an amount at least equal to the salary provided for in Section 4.1 above, at the rate in effect at the time of such termination, to the extent not provided under any such disability plan. Other rights and benefits under employee benefit plans and programs of the Company, generally, will be determined in accordance with the terms and provisions of such plans and programs. For purposes hereof, Continuing Disability shall mean the inability to perform the essential functions connected with the Employee's duties hereunder, with or without reasonable accommodation, which inability shall have existed for a period of 250 days, even though not consecutive, in any 24 month period. In the event the Employee does not agree with the Company that his inability may reasonably be expected to exist for such period, the opinion of a qualified medical doctor selected by the Employee and reasonably satisfactory to the Company shall be determinative. If, following a termination of employment hereunder due to Continuing Disability, the Employee becomes otherwise employed (whether as an employee, consultant or otherwise, but not solely as a member of a board of directors), any salary or other benefits earned by him from such employment shall be offset against any disability compensation or salary continuation due hereunder.
Continuing Disability. If an employee is unable to perform the work of the position or class adequately due to mental, sensory, or physical incapacity, the institution will make a good faith effort to reasonably accommodate the employee’s disability.
Continuing Disability. (a) After an employee has been paid the maximum of one hundred and eighty (180) calendar days' pay provided for in Article 22.02
(a) the employee shall be considered to be on medical leave. All benefit plans, including recall rights, shall be continued for a further ninety (90) working days. If, after ninety (90) working days on medical leave the employee is still unable to work in the employee’s established position, the employee, notwithstanding any other provision herein contained, may be terminated, except if, in the opinion of two medical doctors licensed to practice in the Province of B.C., the employee shall recover and be capable of resuming their job within two (2) years of the end of the ninety (90) days.
(b) No employee shall be terminated while in receipt of benefits under this Article, or while receiving compensation from the WorkSafeBC as a result of an injury or sickness arising out of employment with the District, or while in receipt of sick benefits from the Unemployment Insurance Commission or while waiting for LTD benefits to commence. Provided, however, that where an employee is unable to return to work because of a compensable illness or injury and has been granted a pension by the WorkSafeBC, employment with the District shall be considered terminated and all Municipal benefits shall cease as from the effective date of the pension.
(c) Absence due to sickness or disability resulting from an accident not covered under Article 22.02 shall not in itself constitute a cause for discharge of an employee, provided it is possible for such employee, in the opinion of two (2) medical practitioners licensed to practice in the Province of British Columbia, to return to work within three (3) months of such sickness or disability, and to carry on the employee’s regular duties in the services of the District.
Continuing Disability a. After an employee has been paid the maximum of ONE HUNDRED AND TWENTY (120) calendar days' pay provided for in Article 12.04 b., the employee shall be eligible for Long Term Disability Benefits, and all direct pay from the Municipality will cease and seniority will not accumulate (except as laid out in 21.03). In the event that L.T.D. benefits are delayed or deferred for any reason, all Benefit Plans shall be continued for up to a further ONE HUNDRED AND TWENTY (120) calendar days. If, after the second ONE HUNDRED AND TWENTY (120) calendar days on layoff the employee is still unable to work in his established position, the employee, notwithstanding any other provision contained herein, may be terminated, except if the employee is in receipt of sick benefits from the Unemployment Insurance Commission, Workers' Compensation Board, or until Long Term Disability Benefits commence or if in the opinion of two medical doctors licensed to practice in the Province of B.C., the employee will recover and be capable of resuming his job within TWO (2) years of the end of the second ONE HUNDRED AND TWENTY (120) days.
b. The second 120 days continuing disabilities shall not be utilized to bridge to a subsequent year's Sick Leave Provision for a continuing occurrence.
Continuing Disability. Notwithstanding anything in this Agreement to the contrary, the Company is hereby given the option to terminate the Employee’s employment in the event of the Employee’s Continuing Disability. The Company can exercise this option by giving notice to the Employee of the Company’s intention to terminate his employment due to Continuing Disability not earlier than 15 days from the Employee’s receipt of such notice. In the event of the termination of the Employee’s employment due to Continuing Disability, the Employee shall be entitled to salary and bonus accrued and due through the period ending on the date of his termination and any other vested rights and benefits he may have under the employee benefit plans and programs of the Company will be determined in accordance with the terms and provisions of such plans and programs.
Continuing Disability. Notwithstanding anything in this Agreement to the contrary, the Company is hereby given the option to terminate the Employee's employment in the event of the Employee's Continuing Disability. Such option shall be exercised by the Company by giving notice to the Employee of the Company's intention to terminate his employment due to Continuing Disability not earlier than 15 days from the receipt of such notice. In the event of the termination of the Employee's employment due to Continuing Disability, the Employee shall be entitled to salary and bonus accrued and due through the period ending on the date of his termination and any other rights and benefits he may have under the employee benefit plans and programs of the Company, generally, will be determined in accordance with the terms and provisions of such plans and programs. For purposes hereof, "Continuing Disability" shall mean the inability to perform the essential functions connected with the Employee's duties hereunder, with or without reasonable accommodation, which inability shall have existed or shall reasonably be expected to exist for a period of 180 days, even though not consecutive, in any 24 month period. In the event the Employee does not agree with the Company that his inability may reasonably be expected to exist for such period, the opinion of a qualified medical doctor selected by the Employee and reasonably satisfactory to the Company shall be determinative.
Continuing Disability. Notwithstanding anything in this Agreement to the contrary, the Company is hereby given the option to terminate the Employee's employment in the event of the Employee's Continuing Disability. Such option shall be exercised by the Company by giving notice to the Employee of the Company's intention to terminate his employment due to Continuing Disability not earlier than 15 days from the receipt of such notice. In the event of the termination of the Employee's employment due to Continuing Disability, the Employee shall be entitled to compensation in accordance with the terms of all disability plan(s) made available to the Employee in which he is a participant at the time of such termination, if any; provided, however, that for a period of 6 months from such date of termination, the Employee shall receive continuation of the salary provided for in Section 4.1 for such 6 month period at the rate in effect immediately prior to such termination, to the extent not provided under any such disability plan. Other rights and benefits under employee benefit plans and programs of the Company, generally, will be determined in accordance with the terms and provisions of such plans and programs.
Continuing Disability. Company shall have the option of terminating this Agreement on the date that Executive suffers a Continuing Disability (as defined below). If the Board determines that Executive suffers from a Continuing Disability, it shall give Executive written notice of this determination, and the notice shall specify the Termination Date. The determination that Executive has become disabled (and, if so, whether the disability is continuing) shall be made by: (i) the unanimous agreement of a majority of the Board of Directors and Executive (or the personal representative of Executive); or, if they do not agree, then by (ii) the disability insurance carrier, if any disability insurance is in effect for Executive; or, if no insurance is in effect, then by (iii) a physician mutually selected by the Board and Executive (or the personal representative of Executive); or if they do not agree, then by (iv) at least two (2) out of three (3) physicians, one of whom shall be selected by the Board, the second of whom shall be selected by Executive (or the personal representative of Executive), and a third physician, who shall be selected by the first two.
Continuing Disability. (a) After an employee has been paid the maximum of one hundred and thirty-five (135) calendar days provided for in Article 22.02 (a), the employee shall be considered to be on medical layoff. All benefit plans, including recall rights, shall be continued for a further one hundred and thirty-five (135) calendar days. If after one hundred and thirty-five (135) calendar days on medical layoff the employee is still unable to work in his/her established position, the employee, notwithstanding any other provision herein contained, may be terminated, except if, in the opinion of two (2) medical doctors licensed to practice in the Province of BC, the employee shall recover and be capable of resuming their job within two (2) years of the end of the second one hundred and thirty-five (135) calendar days.
(b) No employee shall be terminated while in receipt of benefits under this Article, or while receiving compensation from the Workers' Compensation Board as a result of an injury or sickness arising out of his/her employment with the Employer, or while in receipt of sick benefits from the Employment Insurance Commission or while awaiting for LTD benefits to commence. Provided, however, that where an employee is unable to return to work because of a compensable illness or injury and has been granted a pension by the Workers' Compensation Board, his/her employment with the Employer shall be considered terminated and all Employer benefits shall cease as from the effective date of the pension.
(c) Absence due to sickness or disability resulting from an accident not covered under Article 22.02 shall not in itself constitute a cause for discharge of an employee, provided it is possible for such employee, in the opinion of two (2) medical practitioners licensed to practice in the Province of British Columbia, to return to work within three (3) months of such sickness or disability, and to carry on his/her regular duties in the services of the Employer.
(d) If an employee is eligible to apply for WCB benefits but declines to apply or refuses WCB benefits, then any sick leave shall be paid at sixty percent (60%). If the employee receives a wage loss settlement from ICBC, for the accident or injury that happens on the job, the Employer shall be reimbursed.
Continuing Disability.
(a) After an Employee has been paid the maximum of one hundred and thirty-five (135) calendar days provided for in Article 22.02 (a), the Employee shall be considered to be on medical layoff. All benefit plans, including recall rights, shall be continued for a further one hundred and thirty-five (135) calendar days. If after one hundred and thirty-five (135) calendar days on medical layoff the Employee is still unable to work in their established position, the Employee, notwithstanding any other provision herein contained, may be terminated, except if, in the opinion of two (2) medical doctors licensed to practice in the Province of BC, the Employee shall recover and be capable of resuming their job within two
