Common use of Disability Leaves Clause in Contracts

Disability Leaves. 1. An employee who anticipates a disability shall notify the Superintendent in writing of the anticipated commencement of the disability as soon as the employee knows about it. a. In the case of pregnancy, the employee shall inform the Superintendent of the anticipated delivery date. 1) No later than sixty (60) days prior to the anticipated delivery date of the child, the employee shall request either: a) a disability leave for which accumulated sick leave may be utilized b) a disability leave for which accumulated sick leave may be utilized followed by an unpaid childcare leave as described below c) an unpaid leave of absence commencing prior to the period of actual disability without use of accumulated sick leave d) request no leave of absence 2) To the extent permitted by law and relevant judicial and administrative agency decisions, employees on pregnancy-related disability leave shall be presumed to be disabled for purposes of sick leave eligibility thirty (30) calendar days prior to the anticipated date of birth of the child and thirty (30) calendar days following the actual date of birth of the child. This eligibility requirement shall be construed as a minimum guideline subject to revision based on the actual disability of the individual involved. 2. The Board may request a disabled employee to produce a certificate from his or her physician that he or she is medically able to continue working. The Board reserves the right to have its physician examine the employee. If there is a difference of medical opinion between the Board’s physician and the employee’s physician, then the Board’s physician and the employee’s physician shall agree on a third impartial physician who shall examine the employee whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue working. 3. The Board reserves the right to regulate anticipated disability leaves so that the commencement and termination dates precede or follow the period of actual disability in order to preserve education continuity. When this occurs, an employee who is placed on an involuntary unpaid leave shall be entitled to all sick leave and insurance benefits during the period of actual disability according to the negotiated agreement and rules of the insurance carrier.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

AutoNDA by SimpleDocs

Disability Leaves. 1. An employee who anticipates a disability shall notify the Superintendent in writing of the anticipated commencement of the disability as soon as the employee knows about of it. a. 2. In the case of pregnancy, the employee shall inform the Superintendent of the anticipated delivery date. 1) a. No later than sixty (60) 60 days prior to the anticipated delivery date of the childdate, the employee shall request either: a) notify the Board whether she intends to take a disability leave leave, for which accumulated sick leave days may be utilized, and/or an unpaid leave for child care as provided for in Section C below. b(1) In an application for a disability leave for related to pregnancy, the employee shall specify in writing the date on which accumulated sick she wishes to commence leave and the anticipated date on which she expects to return to work after birth. The employee may be utilized followed by an unpaid childcare leave as described below c) an unpaid leave of absence commencing prior apply to the Board to reduce or extend the period of actual disability without use of accumulated sick leaveleave should such change become medically indicated. d) request no leave of absence (2) To The Board shall grant the extent permitted by law requested leave and/or reduction and relevant judicial extensions of such leave where medically indicated. However, the Board may alter the dates for commencement and administrative agency decisions, employees on pregnancytermination of the requested leave upon a finding that the grant of leave for dates requested would substantially interfere with the administration of the school and provided that the alteration is not medically counter-related indicated. 3. Whenever an employee requests disability leave shall or the Board has reasonable grounds to believe an employee may be presumed to be disabled for purposes of sick leave eligibility thirty (30) calendar days prior to disabled, the anticipated date of birth of the child and thirty (30) calendar days following the actual date of birth of the child. This eligibility requirement shall be construed as a minimum guideline subject to revision based on the actual disability of the individual involved. 2. The Board may request a disabled require the employee to produce a certificate certification from his or her a physician indicating whether the employee is disabled and, if so, how long that he or she is medically able disability can be expected to continue working. The Board reserves the right to have its physician examine the employeecontinue. If there is the employee shall fail to produce such certificate within a difference reasonable period of medical time, or if the Board has reasonable grounds to question the certificate submitted, the board may require the employee to submit to an examination by the Board’s physician. Should the opinion between of the Board’s physician and relating to the employee who is disabled, differ from that of the employee’s physician, then the Board’s Board may request the Passaic County Medical Society to appoint an impartial third physician to examine the employee. The cost of the impartial third physician shall be shared equally by the board and the employee. The opinion of said third physician as to the employee’s physician shall agree on a third impartial physician who shall examine the employee whose medical opinion capacity shall be conclusive and binding on the issue of medical capacity to continue workingboth parties. 34. The Board reserves need not grant or extend the right to regulate anticipated disability leaves so that leave of any non-tenured employee beyond the commencement and termination dates precede or follow the period of actual disability in order to preserve education continuity. When this occurs, an employee who is placed on an involuntary unpaid leave shall be entitled to all sick leave and insurance benefits during the period of actual disability according to the negotiated agreement and rules end of the insurance carriercontract school year in which the leave is obtained.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Disability Leaves. 1. An employee who anticipates a disability The Board shall notify the Superintendent not discriminate against any person in writing violation of the anticipated commencement of the disability as soon as the employee knows about itLaw Against Discrimination. a. In The Board shall not maintain or enforce any policy or practice for removal of any tenured\ or non-tenured employee from his/her employment that is based solely on the case fact of pregnancy, the employee shall inform the Superintendent a specific number of the anticipated delivery datemonths of disability. 1) No later than sixty (60) days prior to the anticipated delivery date of the child, the employee shall request either: a) a disability leave for which accumulated sick leave may be utilized b) a disability leave for which accumulated sick leave may be utilized followed by an unpaid childcare leave as described below c) an unpaid leave of absence commencing prior to the period of actual disability without use of accumulated sick leave d) request no leave of absence 2) To the extent permitted by law and relevant judicial and administrative agency decisions, employees on pregnancy-related disability leave shall be presumed to be disabled for purposes of sick leave eligibility thirty (30) calendar days prior to the anticipated date of birth of the child and thirty (30) calendar days following the actual date of birth of the child. This eligibility requirement shall be construed as a minimum guideline subject to revision based on the actual disability of the individual involved. 2. b. The Board may request a disabled employee to produce a certificate from his or his/her physician that he or he/she is medically able unable to continue workingemployment. The Board reserves the right to have its physician examine the employee. If there is a difference of medical opinion between the Board’s physician and the employee’s physician, then the Board’s physician and the employee’s physician shall agree on a third impartial physician who shall examine the employee and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue workingemployment. c. Accrued sick leave days do not need to be used or exhausted before leave starts. The BOE agrees to follow the provisions of the FMLA and NJFLA as long as they remain law. 2. An employee who anticipates a disability shall notify the Superintendent in writing of the anticipated commencement of the disability as soon as the employee knows about it. a. In the case of pregnancy, the employee shall inform the Superintendent of the anticipated delivery date. b. No later than sixty (60) days prior to the anticipated delivery date of the child, the employee shall request either: (1) A disability leave for which accumulated sick leave may be utilized or; (2) A disability leave for which accumulated sick leave may be utilized followed by an unpaid childcare leave as described below or; (3) An unpaid leave of absence commencing prior to the period of actual disability without use of accumulated sick leave. c. To the extent permitted by law and relevant judicial administrative agency decisions, employees on pregnancy-related disability leave shall be presumed to be disabled for purposes of sick leave eligibility thirty (30) calendar days prior to the anticipated date of the birth of the child and six(6) weeks for vaginal delivery or eight (8) weeks for cesarean section following the actual date of birth of the child. This eligibility requirement shall be construed as a minimum guideline subject to revision based on the actual disability of the individual involved. The Board reserves the right to request verification of a disability by a licensed, practicing physician. 3. The Board of Education reserves the right to regulate anticipated disability leaves so that the commencement and termination dates precede or follow the period of actual disability in order to preserve education educational continuity. When this occurs, an employee who is placed on an involuntary unpaid leave shall be entitled to all sick leave and insurance benefits during the period of actual disability disability, according to the negotiated agreement and the rules of the insurance carrier. However, time spent on an involuntary unpaid leave shall not cause an employee to be denied any contractual or statutory benefit which the employee would have been entitled had the board not exercised its discretion pursuant to this section.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Disability Leaves. 1. An employee who anticipates a disability a. The Board shall notify the Superintendent not discriminate against any person in writing violation of the anticipated commencement of the disability as soon as the employee knows about itLaw Against Discrimination. a. In (1) The Board shall not maintain or enforce any policy or practice for removal of any tenured or nontentured employee for his/her duties that is based solely on the case fact of pregnancy, the employee shall inform the Superintendent a specific number of the anticipated delivery datemonths of disability. 1) No later than sixty (60) days prior to the anticipated delivery date of the child, the employee shall request either: a) a disability leave for which accumulated sick leave may be utilized b) a disability leave for which accumulated sick leave may be utilized followed by an unpaid childcare leave as described below c) an unpaid leave of absence commencing prior to the period of actual disability without use of accumulated sick leave d) request no leave of absence 2) To the extent permitted by law and relevant judicial and administrative agency decisions, employees on pregnancy-related disability leave shall be presumed to be disabled for purposes of sick leave eligibility thirty (30) calendar days prior to the anticipated date of birth of the child and thirty (30) calendar days following the actual date of birth of the child. This eligibility requirement shall be construed as a minimum guideline subject to revision based on the actual disability of the individual involved. 2. The Board may request a disabled employee to produce a certificate from his or his/her physician that he or he/she is medically able to continue workinghis/her duties. The Board reserves the right to have its physician examine the employee. If there is a difference of medical opinion between the Board’s physician and the employee’s physician, then the Board’s physician and the employee’s physician shall agree on a third impartial physician who shall examine the employee and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue workinghis/her duties. 3. The Board reserves b. An employee who anticipates a disability shall notify his immediate supervisor in writing of the right anticipated commencement of the disability as soon as the employee knows about it. (1) In case of a pregnancy, no later than sixty (60) days prior to regulate the anticipated delivery date of the child, the employee shall request either: (a) A disability leaves so that the commencement and termination dates precede or follow leave for which accumulated sick leave may be utilized; or (b) A disability leave for which accumulated sick leave may be utilized followed by an unpaid childcare leave as described below; or (c) An unpaid leave of absence commencing prior to the period of actual disability in order to preserve education continuity. When this occurswithout use of accumulating sick leave. (2) To the extent permitted by law and relevant judicial and administrative agency decisions, an employee who is placed employees on an involuntary unpaid a pregnancy related disability leave shall be entitled presumed to all be disabled for purposes of sick leave and insurance benefits during the period of actual disability according eligibility thirty (30) calendar days prior to the negotiated agreement and rules anticipated date of birth of the insurance carrierchild and thirty (30) calendar days following the actual date of birth of the child. c. Employees requesting sick leave for pregnancy-related disabilities beyond the periods as set forth above, or for all other disabilities shall, at the request of the Board of Education, furnish proof of the existence of such disability.

Appears in 1 contract

Samples: Collective Bargaining Agreement

AutoNDA by SimpleDocs

Disability Leaves. 1. An employee who anticipates a disability shall notify the Superintendent in writing of the anticipated commencement of the disability as soon as the employee knows about it. a. In the case of pregnancy, the employee shall inform the Superintendent of the anticipated delivery date. 1) No later than sixty (60) days prior to the anticipated delivery date of the child, the employee shall request either: a) a disability leave for which accumulated sick leave may be utilized b) a disability leave for which accumulated sick leave may be utilized followed by an unpaid childcare leave as described below c) an An unpaid leave of absence commencing prior to the period of actual disability without use of accumulated sick leave d) request Request no leave of absence 2) To the extent permitted by law and relevant judicial and administrative agency decisions, employees on pregnancy-related disability leave shall be presumed to be disabled for purposes of sick leave eligibility thirty (30) calendar days prior to the anticipated date of birth of the child and thirty (30) calendar days following the actual date of birth of the child. This eligibility requirement shall be construed as a minimum guideline subject to revision based on the actual disability of the individual involved. 2. The Board may request a disabled employee to produce a certificate from his or her physician that he or she is medically able to continue working. The Board reserves the right to have its physician examine the employee. If there is a difference of medical opinion between the Board’s physician and the employee’s physician, then the Board’s physician and the employee’s physician shall agree on a third impartial physician who shall examine the employee whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue working. 3. The Board reserves the right to regulate anticipated disability leaves so that the commencement and termination dates precede proceed or follow the period of actual disability in order to preserve education continuity. When this occurs, an employee who is placed on an involuntary unpaid leave shall be entitled to all sick leave and insurance benefits during the period of actual disability according to the negotiated agreement and rules of the insurance carrier.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!