Disability of the Superintendent. If, by reason of disability due to illness or other incapacitation, and consistent with paragraph 14 hereof, the Board may elect to terminate this Agreement, at which time all obligations of the Board to the Superintendent shall cease except benefits which are to continue into retirement as per paragraph 11.
Disability of the Superintendent. If the District determines that the Superintendent is disabled and, following an interactive dialogue with the Superintendent, that the Superintendent is unable to perform the essential functions of the position, even with reasonable accommodations, this Agreement may be immediately terminated by the Board upon written notice to the Superintendent.
Disability of the Superintendent. If, as a result of a physical or mental disability, the Superintendent is unable to perform the essential functions of her position, even with reasonable accommodations, this Agreement may, at the Board's election, be terminated two weeks from the date the Board issues a written notice of termination.
Disability of the Superintendent. In the event of an illness of incapacity of the Superintendent which renders him unable to perform his duties as stated herein, such disability, when declared by the Board, shall terminate this Contract. Prior to making such determination, the Board shall receive the advice of such physician or physicians as it deems necessary. In the event of termination of this Contract under the terms of this paragraph prior to the exhaustion of sick leave days available to the Superintendent, such termination shall not take effect until the sick leave days are exhausted. The Board may, after receipt of advice from such physician or physicians as it may reasonably require, temporarily relieve the Superintendent from his duties during his illness or incapacity. Compensation shall be suspended during said period unless the Superintendent is utilizing sick leave days, for which he would receive compensation. In the event the sick leave of the Superintendent has been exhausted, the compensation of the Superintendent shall be reinstated upon his return to employment and the full assumption of his duties.
Disability of the Superintendent. Disability shall be defined as illness or incapacity, as determined by the Tennessee Consolidated Retirement System, or as evidenced by absence for more than one hundred twenty (120) days beyond that period of time for which the SUPERINTENDENT would be entitled to sick leave and/or vacation leave and accompanied by a determination by the BOARD that such condition is permanent, irreparable or of such nature as will make the performance of the SUPERINTENDENT’s duties impossible. If the SUPERINTENDENT is permanently disabled, the BOARD shall have the option to terminate his employment and declare his office vacant, with compensation to be continued after crediting any accrued sick leave, vacation and holidays in accord with the Tennessee Consolidated Retirement System and BOARD policies and applicable State of Tennessee laws. SUPERINTENDENT shall not be entitled to severance pay or any additional benefits if he becomes disabled. If there is a gap between accrued sick leave, vacation and holidays and the beginning Tennessee Consolidated Retirement System payments, the BOARD will, at its expense, compensate the SUPERINTENDENT at the same rate at which disability benefits begin. If a question exists concerning the capacity of the SUPERINTENDENT to return to his duties or for insurance purposes, the BOARD may require the SUPERINTENDENT to submit to a medical examination to be performed by a doctor licensed to practice medicine. The examination shall be performed at BOARD expense.
Disability of the Superintendent. If the Superintendent is unable to perform the duties due to physical or mental disability, the Board may terminate this contact after the Superintendent has exhausted accumulated sick leave and any other board paid leave that may be available, and has been absent from his employment for an additional period of ninety (90) days, or has been on worker’s disability compensation leave for a period of twelve (12) months.
Disability of the Superintendent. Should the Superintendent be unable to perform the duties and obligations of this Contract by reason of permanent disability, illness, or incapacity, as set forth in Board policy; or, absence beyond the period of time set forth in Board policy for temporary illness, incapacity, or disability, the Board, at its option, may terminate this Contract, whereupon the respective duties, rights and obligations of the parties shall terminate. The Board shall provide, at its sole expense, a disability income protection policy for the term of this Contract to assure the Superintendent continuation of seventy percent (70%) of his salary, inclusive of TRS disability annuity payments, during any period of disability. If a question is raised concerning the ability of the Superintendent to perform the duties and obligations of this Contract, the Board may require the Superintendent to submit to a medical examination(s) to be performed by a physician(s) licensed to practice medicine in all of its branches. The Board and the Superintendent shall attempt to mutually agree upon the physician(s) who shall conduct the medical examination(s) provided for in this subsection. If the parties cannot so agree, the District’s insurance administrator shall select the examining physician(s). The examination shall be done at the expense of the District. The physician(s) shall limit the report to the issues of whether the Superintendent has a continuing disability which prohibits him from returning to and performing the duties and obligations of this Contract, and whether such disability is permanent. Prior to termination for disability, the Superintendent may request a hearing before the Board in closed session.
Disability of the Superintendent. In the event of disability by illness or incapacity, after the Superintendent’s sick leave has been exhausted, and should the Superintendent be granted an unpaid leave of absence, the compensation shall be reinstated after the Superintendent has returned to employment and undertaken the full discharge of her duties. The District may terminate this Agreement by written notice to the Superintendent at any time after the Superintendent has exhausted any accumulated sick leave (and such other leave as may be available) and has been absent from her employment for whatever cause for an additional continuous period of ninety (90) days. All obligations of the District shall cease upon such termination. If a question exists concerning the capacity of the Superintendent to return to her duties, the District 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 conducted at the expense of the District. The physician shall limit his/her report and opinion to the issue of whether the Superintendent has a continuing disability, which prohibits her from performing the essential functions of her position.
Disability of the Superintendent. In the event the Superintendent is disabled and is unable to perform the essential functions of his position for a period exceeding 12 weeks in a consecutive 12-month period, notwithstanding the provision of any reasonable accommodations, the Board may terminate this Contract by written notice to the Superintendent, but such shall not terminate the Superintendent’s rights as an employee (if any) under the Disability Management Program. The Board may require the Superintendent to submit to a medical examination, to be performed by a physician 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. The physician shall limit the report to the issue of whether the Superintendent has a continuing disability that prohibits him from performing the essential functions of his position notwithstanding the provision of any reasonable accommodations.
Disability of the Superintendent. The Board may terminate this Agreement during its term by written notice to the Superintendent at any time after the Superintendent has exhausted any accumulated sick leave and such other leave as may be available and is permanently disabled (as certified by a physician chosen by the Board) or has been absent from her employment for whatever cause for an additional continuous period of ninety working days. All obligations of the Board under this Agreement shall cease upon such termination.
