General Severance Provisions Clause Samples
General Severance Provisions define how the invalidity or unenforceability of one part of a contract affects the remainder of the agreement. Typically, these provisions state that if a specific clause is found to be illegal or unenforceable, the rest of the contract will remain in effect, and only the problematic portion will be removed or modified as necessary. This ensures that the contract as a whole is preserved and continues to operate, even if certain terms are struck down, thereby maintaining the parties' overall intentions and reducing the risk of the entire agreement being voided due to a single issue.
General Severance Provisions. Except as provided in the next paragraph, no severance pay shall be paid in any case to employees who qualify for benefits under the Employer's disability insurance program. There shall be no severance pay for employees who retire or are eligible for normal retirement under the Employer's retirement program, for employees who voluntarily terminate their employment, for employees who do not complete their probationary period, for employees dismissed for cause or for time-limited employees, except as provided in D.3 below. Where termination is by mutual agreement, employees shall receive severance pay. Termination by mutual agreement as used herein refers only to resignations requested by the Employer and acceded to by the employee. Severance pay, in accordance with the applicable normal severance schedule shall be payable to employees with more than two (2) years tenure who shall be forced to leave the service of the Employer as a result of a permanent and total disability which is defined as physical or mental illness which totally and permanently incapacitates them for further service. The application for severance pay under these circumstances must be certified by a doctor selected by the Employer. Severance pay will be in addition to paid notice as set forth in Article 17F, Notice & Layoff.
General Severance Provisions. No severance pay shall be paid in any case to employees who qualify for benefits under the Employer’s disability insurance program. There shall be no severance pay for employees who retire or are eligible for normal retirement under the Employer’s retirement program, for employees who voluntarily terminate their employment, for employees who do not complete their probationary period, and for employees dismissed for cause. Where termination is by mutual agreement, employees shall receive severance pay. Termination by mutual agreement as used herein refers only to resignations requested by the Employer and accepted to by the employee. For employees hired before April 10, 2021, severance pay, in accordance with the applicable, normal, severance schedule detailed at Article 17.E.2 below, shall be payable to any employee with more than two (2) years’ tenure who shall be forced to leave the service of the Employer as a result of a permanent and total disability, which is defined as physical or mental illness which totally and permanently incapacitates him for further service. The application for severance pay under these circumstances must be certified by a doctor selected by the Employer. For employees hired after April 10, 2021, severance pay shall be payable to any employee with more than four (4) years’ tenure who shall be forced to leave the service of the Employer as a result of a permanent and total disability, which is defined as physical or mental illness which totally and permanently incapacitates him for further service. The amount of such severance pay shall equal one half of the applicable, normal, severance schedule detailed at Article 17.E.2 below, subject to a five-and-one-half (5.5)- week maximum payout for an employee with eleven (11) years of service and further subject to a six (6)-week maximum payout for an employee with twelve or more years of service. The application for severance pay under these circumstances must be certified by a doctor selected by the Employer.
General Severance Provisions. Except as provided in the next paragraph, no severance pay shall be paid in any case to employees who qualify for benefits under the Employer's disability insurance program. There shall be no severance pay for employees who retire, or are eligible for normal retirement, under the Employer's retirement program; for employees who voluntarily terminate their employment; or for employees who do not complete their probationary period; for employees dismissed for cause. Where termination is by mutual agreement, employees shall receive severance pay. Termination by mutual agreement as used herein refers only to resignations requested by the Employer and acceded to by the employee. Severance pay, in accordance with the applicable normal severance schedule, shall be payable to any employee with more than two (2) years tenure who shall be forced to leave the service of the Employer as a result of a permanent and total disability which is defined as a physical or mental illness which totally and permanently incapacitates themfor further service. The application for severance pay under these circumstances must be certified by a doctor selected by the Employer.
General Severance Provisions. 1. Severance is calculated as weeks of pay for regularly scheduled work at the Employee's most recent base salary level.
2. An Employee's signing of the general release for receipt of severance pay will not preclude the Union's ability to grieve the Employee's layoff or recall rights pursuant to the terms of this Agreement. In the event an arbitrator awards back pay, any severance monies paid will offset any such award.
General Severance Provisions. 1. Severance is calculated as weeks ofpay for regularly scheduled work or the employee's most recent base salary level but does not include overtime or any other non-salary payments.
2. To receive severance pay, the employee must sign a general release prepared by the Employer waiving all claims against the Employer, including but not limited to claims under this Agreement, claims under Title VII, Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), Fair Employment and Housing Act (FEHA), etc.
3. An employee's signing ofa general release for receipt ofseverance pay will not preclude the Union's ability to grieve the employee's layoff or recall rights pursuant to the terms ofthe Agreement. In the event an arbitrator awards back pay, any severance monies paid will offset any such award.
4. Additionally, the Union and the Employer will make a good faith effort to reach agreement regarding layoff. Ifmutually agreed to, and not to delay the process, mediation may be used. Ifthe parties are not able to reach agreement, the Employer may implement and the Union may, within fifteen (15) days ofthe effective date oflayoff, submit the dispute to expedited arbitration for final and binding resolution.
5. Effective beginning the date ofthis Agreement, an employee who is laid off; receives severance pay and is returned to work before the severance pay is covered shall, if subsequently laid off only receive severance pay based on their length ofservice for the period from their date ofreemployment.
6. These severance provisions will not apply in the case ofthe sale ofall or part ofa covered entity where the purchaser extends a job offer to unit employees and there is no closure ofthe entity. Section ▇. ▇▇▇▇ offemployees who are covered by Employer sponsored Health Insurance will be covered until the last day of the calendar month in which the fourteen (14) day notice period ends. The Employer also will pay affected employees a lump sum equivalent of two (2) months premiums for COBRA coverage for health, dental and vision insurance for affected employees.
