Evidence of incapacity. The payment of any such Salary will be:
(a) subject to the production of satisfactory evidence from a registered medical practitioner for any period of absence in excess of seven consecutive days; and
(b) inclusive of any statutory sick pay to which you may be entitled and the Company may deduct from your Salary the amount of any social security benefits you may receive or be entitled to receive.
Evidence of incapacity. A medical certificate or statutory declaration is required for all personal leave, unless otherwise agreed by the Employer in specific circumstances. In particular, a medical certificate or statutory declaration will be required where: • you take two (2) or more consecutive days of leave; • you take a day on either side of a weekend or Public Holiday; • the Employer considers the leave you have taken to be excessive; or • a pattern of leave is discernible. Failure to present the Employer with the requested evidence may result in your leave being classified as unauthorised and disciplinary action being taken. You should notify your manager as soon as you know on which day you will be returning to work, if this differs from a date of return previously notified. If you have been suffering from an infectious or contagious disease or illness such as rubella or hepatitis, you must not report for work without clearance from your own doctor. Separate rules relating to infectious diseases and those whose duties may involve handling food are to be found later in this handbook and, if appropriate to your duties, you must familiarise yourself with them. On return to work after any period of personal leave, you may be required to attend a return to work interview to discuss the state of your health and fitness for work. Information arising from such an interview will be treated with strictest confidence. Submission of a medical certificate may not always be regarded as sufficient justification for accepting your absence. Sickness is just one of a number of reasons for absence and although it is understandable that if you are sick you may need time off, continual or repeated absence through sickness may not be acceptable to the Employer. In deciding whether your absence is acceptable, the Employer will take into account the reasons for your absences and extent of them, including any absence caused by sickness/injury. We cannot operate with an excessive level of absence as all absence, for whatever reason, reduces the Employer’s ability to operate successfully. The Employer will not tolerate any non-genuine absences, and any such instances will result in disciplinary action being taken. If considered necessary, we reserve the right to ask your permission to contact your doctor and/or for you to be independently medically examined.
Evidence of incapacity. A person’s incapacity may be evidenced either by a judicial declaration, or by the written statement of two licensed physicians, both of whom have examined the person. Without such evidence, the Trustee and any successor Trustees may conclusively assume that the person is not incapacitated, and shall bear no liability for such assumption to any person interested in the trust estate. Upon receipt of such evidence that an acting Trustee is incapacitated, a successor Trustee may commence acting without need for a judicial proceeding to remove the incapacitated Trustee.
