Employment Severance. A. An employee who leaves the City for military service and returns from such military service within six (6) years of the date on which they entered the service, or should the emergency exceed five (5) years, after the emergency has ended and the employee is discharged, they shall be reinstated to the position held, or one of like responsibility, at the time the employee left for military service, provided application is made to the Civil Service Board within ninety (90) days after release from active duty or from hospitalization continuing after separation for not more than one (1) year.
B. If the employee is not qualified to perform the duties of such position by reason of disability sustained during such service, they shall be placed in such other position, the duties of which they are qualified to perform, as would provide the employee like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances of their case.
C. When an employee is entitled to be restored to a position in accordance with this Section, and the Civil Service Board finds that it is not feasible for the employee to be restored to such position, the Civil Service Board shall determine whether or not, in any other Department or agency of the City of Dayton, there is a position for which such person is qualified and which is either vacant or held by an employee having a temporary appointment. In any case, when the Civil Service Board determines that there is such a position, such person shall be restored to that position.
Employment Severance. An employee who leaves the City for military service, and returns from such military service within five (5) years of the date on which he/she entered the service, or should the emergency exceed five (5) years, after the emergency has ended and the employee is discharged, he/she shall be reinstated to the position held, or one of similar responsibility, at the time he/she left for military service, provided application is made to the Civil Service Board within sixty (60) days after release from active duty. The employee must be physically and mentally able to perform the duties of said position.
Employment Severance. A. Any employee who leaves the City for military service and returns from such military service within six (6) years of the date on which he/she entered the service, or should the emergency exceed six (6) years, after the emergency has ended and the employee is discharged, he/she shall be reinstated to the position held, or one of like responsibility, at the time he/she left for military service, provided application is made to the Civil Service Board within ninety (90) days after release from active duty or from hospitalization continuing after separation for not more than one (1) year. The employee must be physically and mentally able to perform the duties of said position. An employee who is disabled during military service and cannot perform the duties of the position shall be considered for the nearest comparable position he/she is physically able to perform.
Employment Severance. If and to the extent so requested by Parent in writing (and with such exceptions as Parent may designate), the Company shall as of immediately before the Effective Time terminate (and/or provide written notice of termination in accordance with any employment or consulting agreement requiring advance notice of termination of) the service relationship with the Company and the Company Subsidiaries of all employees, consultants and directors of the Company and the Company Subsidiaries and take all customary ancillary actions in connection with such termination (including giving them written notice of such termination). Notwithstanding anything to the contrary contained herein, the Company Board shall provide the Chief Executive Officer of the Company with a notice of termination (as an employee) immediately before the Effective Time, with such termination to be effective 30 days thereafter. Any such termination of employment shall be treated as a “termination without cause” or “benefits eligible termination” (or equivalent term) by the Company entitling such employees to full severance payments and benefits under the employment agreements or the severance plan listed on Section 5.09 of the Company Disclosure Letter, determined on the basis that such termination has occurred in connection with a change in control, as applicable to individual employees. Section 5.09 of the Company Disclosure Letter sets forth the amounts of the cash severance payments applicable as of the Effective Time to each employee covered by an employment agreement with the Company. Before the Effective Time, the Company Board may in its sole discretion deliver letters to individual employees setting forth their severance payments and benefits upon termination of employment, on a basis consistent with this Section 5.09. From and after the Effective Time, Parent shall, or shall cause a Parent Subsidiary, the Surviving Corporation or a Subsidiary of the Surviving Corporation, to honor the terms of the employment agreements and the severance plan listed on Section 5.09 of the Company Disclosure Letter. The severance amounts payable under such employment agreements and/or such severance plan to any Company employee who continues in the employ of the Surviving Corporation shall be paid to such employee by the Surviving Corporation or Parent on the earlier of the first Business Day after such employee’s employment with the Surviving Corporation terminates or (even if on such 120th calendar day t...
Employment Severance. A. An employee who leaves the City for military service and returns from such military service within six (6) years of the date on which he/she entered the service, or should the emergency exceed five (5) years, after the emergency has ended and the employee is discharged, he/she shall be reinstated to the position held, or one of like responsibility, at the time he/she left for military service, provided application is made to the Civil Service Board within ninety (90) days after release from active duty or from hospitalization continuing after separation for not more than one (1) year.
B. If he/she is not qualified to perform the duties of such position by reason of disability sustained during such service, he/she shall be placed in such other position, the duties of which he/she is qualified to perform, as would provide him/her like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances of his/her case.
C. When an employee is entitled to be restored to a position in accordance with this Section, and the Civil Service Board finds that it is not feasible for the employee to be restored to such position, the Civil Service Board shall determine whether or not, in any other Department or agency of the City of Dayton, there is a position for which such person is qualified and which is either vacant or held by an employee having a temporary appointment. In any case, when the Civil Service Board determines that there is such a position, such person shall be restored to that position.
Employment Severance. Xxxxxx’x last date of employment shall be August 12, 2008 (the “Severance Date”), contingent upon signing this Waiver and Release.
Employment Severance. Xxxxxxx’x last date of employment was January 30, 2009 (the “Severance Date”), and he is signing this Waiver and Release after his employment ended.
Employment Severance. The Company shall, before the Acceptance Time, terminate (and/or provide written notice of termination in accordance with any employment agreement requiring advance notice of termination of) the employment relationship of all employees of the Company and take all customary ancillary actions in connection with such termination (including giving them written notice of such termination), with the terminations to be effective no later than the earlier to occur of (a) ninety (90) days following the Acceptance Time or (b) thirty (30) days following the Closing. Any such termination of employment shall be treated as a “termination without cause” by the Company entitling such employees to full severance payments and benefits under their employment agreements, with payments and benefits to commence upon the individuals’ separation from service (as defined in Section 409A of the Code) with the Company (subject to any requirements relating to releases of claims). Notwithstanding the foregoing, any such termination without cause shall not occur under this covenant if, before the Acceptance Time an affected individual and the Parent reach a mutual written agreement with respect to the individual’s continued employment or other service-providing relationship for a term post-Closing of more than twenty-four (24) months, provided that the payments and benefits will nonetheless be paid if the reduced level of services under the continued employment or service-providing relationship is at a level consistent with a separation from service under the pre-Closing employment.
Employment Severance. Cxxxxxxx’x last date of employment was January 5, 2010 (the “Severance Date”), and she is signing this Waiver and Release, effective after her employment ended.
Employment Severance. LSAI hereby agrees to loan NPLI, on such terms as -------------------- LSAI shall determine in its sole and absolute discretion, any and all amounts required for the payment and funding of all severance compensation payments to the employees of NPLI, other than each of the NPLI Shareholders in their respective capacities as employees of NPLI.
