Common use of Employee Incapacity Clause in Contracts

Employee Incapacity. If, after hire, an employee becomes unable to perform his/her duties by reason of illness or other physical or mental disability, which condition shall persist in whole or in part until the exhaustion of accumulated sick leave, and, in addition, the consecutive exhaustion of the leave provisions of the Family and Medical Leave Act, the Board of Trustees may elect, upon ten days written notice to the employee, to terminate the person's employment with the District. Termination under these circumstances will be based upon an individualized assessment of the employee’s continued ability to perform the job in question. Such an assessment will be based on appropriate medical information and/or opinion, the employee’s own admission of incapacity and the specific requirements of the position. A recommendation will be made only after it has been determined that the employee’s condition, disability or illness cannot be reasonably accommodated by the employer. In no event shall the employer be obligated to compensate an employee for work not performed, except as allowed under applicable leave provisions.

Employee Incapacity. If, after hire, an employee becomes unable to perform his/his or her essential duties by reason of illness or other physical or mental disability, which condition shall persist in whole or in part until the exhaustion of accumulated sick paid leave, and, in addition, the consecutive exhaustion of the leave provisions of the Family and And Medical Leave Act, the Board of Trustees may elect, upon ten (10) days written notice to the employee, to terminate the person's employment with the District. Termination under these circumstances will be based upon an individualized assessment of the employee’s ' s continued ability to perform the job in question. Such an assessment will be based on appropriate medical information and/or opinion, the employee’s 's own admission admissions of incapacity and the specific requirements of the position. A recommendation will be made only after it has been determined that the employee’s ' s condition, disability or illness cannot be reasonably accommodated by the employer. In no event shall the employer be obligated to compensate an employee for work not performed, except as allowed under applicable leave provisions.