INJURY IN THE COURSE OF EMPLOYMENT Sample Clauses

INJURY IN THE COURSE OF EMPLOYMENT. 1. If an employee, because of injury sustained in the course of and arising out of the employee’s employment by the District, is receiving weekly total incapacity compensation benefits under Chapter 152 of the General laws of the Commonwealth of Massachusetts (Workers’ Compensation Act), the District shall pay to such employee each pay period, so long as such employee is receiving such benefits, an amount equal to the difference between the employee’s salary at the time of such injury and amount of weekly indemnity being received by the employee. The total amount payable under this article because of any one injury shall not exceed an amount obtained by multiplying the number of such employee’s accumulated sick leave days by such employee’s per diem rate. (Total amount payable = number of employee’s accumulated sick days x employee’s per diem rate.) The number of accumulated sick leave days available to the employee shall be reduced by an amount equal to the total sum paid to the employee under this article divided by the employee’s per diem rate. (Number that accumulated sick days is to be reduced by = total sum paid to employee divided by employee’s per diem rate.) This method of calculation results in only a part of a sick day being used for each day an employee receives workers’ compensation until all sick days have been utilized. The part of the sick day used is equal to the proportional amount of pay provided by the District. For example, if the per diem of the employee is $200 and workers’ compensation pays $150 then the Berkshire Hills Regional School District pays the remaining $50. Thus only .25 of a sick day is used and the employee still has .75 of that sick day available. 2. If the injury of an employee comes within the purview of both this Article and Article XIII, it shall be deemed to come within the purview of this Article and such employee shall not be paid any benefits pursuant to Article XIII for such illness or injury except as is provided in the preceding paragraph.
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INJURY IN THE COURSE OF EMPLOYMENT. 16.1. If a teacher because of injury sustained in the course of and arising out of his/her employment, is receiving benefits under Section 34 of Chapter 152 of the General Laws of the Commonwealth of Massachusetts (Workmen’s Compensation Act), the District shall, if the teacher so elects, pay to such teacher each month so long as such teacher is receiving benefits under said Section 34 an amount equal to the difference between the teacher’s salary at the time of such injury and the amount of weekly indemnity being received by the teacher under Sections 34 and 35A of the said Chapter 152. The amount payable under this article because of any one injury shall be the amount obtained by multiplying the number of such teacher’s accumulated sick leave days by such teacher’s per diem rate. The number of accumulated sick leave days available to the teacher shall be reduced by an amount equal to the total sum paid to the teacher under this article divided by the teacher’s per diem rate. 16.2. If the illness or injury of a teacher comes within the purview of both this article and Article 11 “Sick Leave,” it should be deemed to come within the purview of this article, and such teacher shall not be paid any benefits pursuant to Article 11 for such illness or injury except as is provided in the preceding paragraph.
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INJURY IN THE COURSE OF EMPLOYMENT. So long as an employee is receiving benefits weekly under the provisions of Chapter 152 of the General Laws of the Commonwealth of Massachusetts (the Workmen's Compensation Act), such employee may elect to use, on a pro rata basis, his accumulated sick leave; provided, however, that the compensation resulting therefrom shall not, when combined with payments being received weekly pursuant to the aforesaid Chapter 152, result in weekly compensation exceeding ninety percent (90%) of the average weekly wage of such employee as determined for purposes of the aforesaid Chapter 152. Notwithstanding the foregoing, the maximum amount payable by the Committee hereunder is an amount obtained by multiplying the number of such employee's accumulated sick leave hours by such employee's hourly rate of pay. The number of such employee's accumulated sick leave hours available to the employee under Article X shall be reduced by an amount equal to the total sum paid to the employee under this Article divided by the employee's hourly rate. If the illness or injury of an employee comes within the purview of both this Article and Article X "Sick Leave", it shall be deemed to come within the purview of this Article, and such employee shall not be paid any benefits pursuant to Article X for such illness or injury except as provided in this Article XI.
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INJURY IN THE COURSE OF EMPLOYMENT. 13.1 Ifan employee, because ofinjury sustained in the course ofand arising out of employee's employment by the Committee, is receiving benefits under Section 34 of Chapter 152 ofthe General Laws ofthe Commonwealth ofMassachusetts (Workmen's Compensation Act), the Committee shall, ifthe Employee so elects, pay to such Employee each pay period so long as such Employee is receiving benefits under said Section 34, an amount equal to the difference between the Employee's salary at the time ofsuch injury and amount ofweekly indemnity being received by the Employee. The total amount payable under this article because ofany one injury shall not exceed an amount obtained by multiplying the number ofsuch Employee's accumulated medical leave days by such Employee's per diem rate. (Total amount payable = number ofemployee's accumulated sick days x employee's per diem rate.) The number ofaccumulated medical leave days available to the Employee shall be reduced by an amount equal to the total sum paid to employee under this article divided by the employee's per diem rate. (Number that accumulated sick days is to be reduced by = total sum paid to employee divided by employee's per diem rate.) 13.2 Ifthe illness or injury ofan employee comes within the purview ofboth this article and Article 11 "Medical Leave," it shall be deemed to come within the purview ofthis article, and such employee shall not be paid any benefits pursuant to Article 11 for such illness or injury except as is provided in the preceding paragraph. 13.3 ESPs will immediately report in writing all cases ofassault made or suffered by them in connection with their employment to the Superintendent ofSchools and the building Principal. The building Principal shall, ifrequested by the ESP (a) request the Lenox Police Department to investigate the incident and (b) request the Lenox Police Department to assist the ESP to obtain a show cause hearing. 13.4 A copy of the ESP's report under Article 13.3 hereof will be forwarded to the Superintendent who will comply with any reasonable request from the ESP for information in its possession relating to the incident or the persons involved. 13.5 The Committee agrees to indemnify ESPs in accordance with the provisions of Massachusetts General Laws, Chapter 258, § 9.
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INJURY IN THE COURSE OF EMPLOYMENT. If the SUPERINTENDENT, because of injury sustained in the course of and arising out of her employment, is receiving benefits under Chapter 152 of the General Laws of the Commonwealth of Massachusetts (Workers’ Compensation Act), the DISTRICT shall, if the SUPERINTENDENT so elects, pay to the SUPERINTENDENT each month so long as the SUPERINTENDENT is receiving benefits an amount equal to the difference between her salary at the time of such injury and amount of weekly indemnity being received by she under the said Chapter 152. The amount payable under this paragraph shall be the amount obtained by multiplying the number of her accumulated sick leave days by her per diem rate. The number of accumulated sick leave days available to the SUPERINTENDENT shall be reduced by an amount equal to the total sum paid to she under this paragraph divided by her per diem rate. When sick leave is totally exhausted, only worker’s compensation will be paid. The SCHOOL COMMITTEE shall have the right to receive periodic medical examinations of the SUPERINTENDENT by a physician of the SCHOOL COMMITTEE’S choice to verify the continued disability.
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INJURY IN THE COURSE OF EMPLOYMENT. So long as a xxxx/manager, xxxx or xxxx helper employee is receiving benefits weekly under the provisions of Sections 34, 35 or 35A of Chapter 152 of the General Laws of the Commonwealth of Massachusetts (the Workmen's Compensation Act), such employee may use, on a pro rata basis, his accumulated sick leave; provided, however, that the compensation resulting therefrom shall not, when combined with payments being received under the aforesaid Chapter 152, result in weekly compensation exceeding 90% of the average weekly wage of such employee as determined for purposes of the aforesaid Chapter 152. Notwithstanding the foregoing, the maximum amount payable by the Committee hereunder (exclusive of benefits payable under Chapter 152) is an amount equal to the number of such employee's accumulated sick leave hours multiplied by such employee's daily rate of pay at the time of injury. Each day of absence from work for which an employee receives compensation under this article shall not be deemed for purposes of Article 9 an hour absent because of illness and employees shall be compensated under the provisions of this article rather than under any other provisions set forth in this agreement. However, the accumulated sick leave days under Article 9 available to an employee shall be reduced by an amount equal to the total sum paid to the employee under this article (exclusive of benefits payable under Section 34, 35 and 35A of Chapter 152) divided by the employee's daily rate of pay.
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Related to INJURY IN THE COURSE OF EMPLOYMENT

  • Cooperation With Company After Termination of Employment Following termination of Executive’s employment for any reason, Executive shall fully cooperate with the Company in all matters relating to the winding up of Executive’s pending work including, but not limited to, any litigation in which the Company is involved, and the orderly transfer of any such pending work to such other employees as may be designated by the Company.

  • Release of Employment Claims Executive agrees, as a condition to receipt of the termination payments and benefits provided hereunder, that he will execute a release agreement, in a form satisfactory to the Company, releasing any and all claims arising out of Executive's employment (other than claims made pursuant to any indemnities provided under the articles or by-laws of the Company, under any directors or officers liability insurance policies maintained by the Company or enforcement of this Termination Agreement).

  • Scope of Employment (a) During the Term of Employment, the Executive shall be responsible for the performance of those duties consistent with the Executive’s position as General Counsel, in addition to such other duties as may from time to time be assigned to the Executive by the Company. The Executive shall report to the Chief Executive Officer of the Company and shall perform and discharge faithfully, diligently, and to the best of the Executive’s ability, the Executive’s duties and responsibilities hereunder. (b) The Executive agrees to devote the Executive’s full business time, best efforts, skill, knowledge, attention and energies to the advancement of the business and interests of the Company and to the performance of the Executive’s duties and responsibilities as an employee of the Company; provided that the Executive may (i) engage in charitable, educational, religious, civic and similar types of activities and (ii) serve on the board of directors of for-profit business enterprises, provided that in each case such service is approved by the Company’s Board of Directors (the “Board”) prior to commencement thereof in the Board’s sole discretion and only to the extent that such activities are not competitive with the business of the Company and do not individually or in the aggregate inhibit, interfere with, or prohibit the timely performance of the Executive’s duties hereunder, and do not create a potential business or fiduciary conflict. The Executive agrees to abide by the rules, regulations, instructions, personnel practices, and policies of the Company, as well as any applicable codes of ethics or business conduct, and any changes therein that may be adopted from time to time by the Company. (c) The Executive represents and warrants to the Company that the Executive is under no obligations or commitments, whether contractual or otherwise, that are inconsistent with the Executive’s obligations under this Agreement. In connection with the Executive’s employment hereunder, the Executive shall not use or disclose any trade secrets or other proprietary information or intellectual property in which the Executive or any other person or entity has any right, title or interest, and Executive’s employment with the Company will not infringe or violate the rights of any other person or entity. The Executive represents and warrants to the Company that the Executive has returned all property and confidential information belonging to any prior employer.

  • Exclusive Employment During employment with the Company, Executive will not do anything to compete with the Company’s present or contemplated business, nor will he plan or organize any competitive business activity. Executive will not enter into any agreement which conflicts with his duties or obligations to the Company. Executive will not during his employment or within one (1) year after it ends, without the Company’s express written consent, directly or indirectly, solicit or encourage any employee, agent, independent contractor, supplier, customer, consultant or any other person or company to terminate or alter a relationship with the Company.

  • No Contract of Employment Nothing contained in this Agreement will be construed as a right of the Executive to be continued in the employment of the Company, or as a limitation of the right of the Company to discharge the Executive with or without Cause.

  • Executive’s Release of the Company Executive understands that by agreeing to this Release, Executive is agreeing not to xxx, or otherwise file any claim against, the Company or any of its employees or other agents for any reason whatsoever based on anything that has occurred as of the date Executive signs this Release. (a) On behalf of Executive and Executive’s heirs and assigns, Executive hereby releases and forever discharges the “Releasees” hereunder, consisting of the Company, and each of its owners, affiliates, divisions, predecessors, successors, assigns, agents, directors, officers, partners, employees, and insurers, and all persons acting by, through, under or in concert with them, or any of them, of and from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent (hereinafter called “Claims”), which Executive now has or may hereafter have against the Releasees, or any of them, by reason of any matter, cause, or thing whatsoever from the beginning of time to the date hereof, including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to Executive’s hire, employment, remuneration or resignation by the Releasees, or any of them, including Claims arising under federal, state, or local laws relating to employment, Claims of any kind that may be brought in any court or administrative agency, any Claims arising under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621, et seq.; Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; the Equal Pay Act, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act , 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq. the Fair Labor Standards Act, 29 U.S.C. § 215 et seq., the Xxxxxxxx-Xxxxx Act of 2002; the California Labor Code; the employment and civil rights laws of California; Claims for breach of contract; Claims arising in tort, including, without limitation, Claims of wrongful dismissal or discharge, discrimination, harassment, retaliation, fraud, misrepresentation, defamation, libel, infliction of emotional distress, violation of public policy, and/or breach of the implied covenant of good faith and fair dealing; and Claims for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees. (b) Notwithstanding the generality of the foregoing, Executive does not release the following claims: (i) Claims for unemployment compensation or any state disability insurance benefits pursuant to the terms of applicable state law; (ii) Claims for workers’ compensation insurance benefits under the terms of any worker’s compensation insurance policy or fund of the Company; (iii) Claims to continued participation in certain of the Company’s group benefit plans pursuant to the terms and conditions of COBRA; (iv) Claims to any benefit entitlements vested as the date of Executive’s employment termination, pursuant to written terms of any Company employee benefit plan; (v) Claims for indemnification under any indemnification agreement with the Company, the Company’s Bylaws, California Labor Code Section 2802 or any other applicable law; and (vi) Executive’s right to bring to the attention of the Equal Employment Opportunity Commission claims of discrimination; provided, however, that Executive does release Executive’s right to secure any damages for alleged discriminatory treatment. (c) In accordance with the Older Workers Benefit Protection Act of 1990, Executive has been advised of the following: (i) Executive has the right to consult with an attorney before signing this Release; (ii) Executive has been given at least [twenty-one (21) OR forty-five (45)] days to consider this Release; (iii) Executive has seven (7) days after signing this Release to revoke it, and Executive will not receive the severance benefits provided by that certain Employment Agreement between the Parties (the “Employment Agreement”) unless and until such seven (7) day period has expired. If Executive wishes to revoke this Release, Executive must deliver notice of Executive’s revocation in writing, no later than 5:00 p.m. on the 7th day following Executive’s execution of this Release to [_________]. (d) EXECUTIVE ACKNOWLEDGES THAT EXECUTIVE HAS BEEN ADVISED OF AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: BEING AWARE OF SAID CODE SECTION, EXECUTIVE HEREBY EXPRESSLY WAIVES ANY RIGHTS EXECUTIVE MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.

  • Indemnification of Employer The Association, on behalf of itself and the OEA and NEA, agrees to indemnify the Board for any cost or liability incurred as a result of the implementation and enforcement of this provision provided that: A. The Board shall give a ten (10) day written notice of any claim made or action filed against the employer by a non-member for which indemnification may be claimed; B. The Association shall reserve the right to designate counsel to represent and defend the employer; C. The Board agrees to (a) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, (b) permit the Association or its affiliates to intervene as a party if it so desires, and/or (c) to not oppose the Association or its affiliates’ application to file briefs amicus curiae in action; D. The Board acted in good faith compliance with the Fair Share Fee provision of this Agreement; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such Fair Share Fee provision herein.

  • Not a Contract of Employment This Agreement shall not be deemed to constitute a contract of employment between the parties hereto, nor shall any provision hereof restrict the right of the Bank to discharge the Executive, or restrict the right of the Executive to terminate employment.

  • Competition After Termination of Employment The Company shall not pay any benefit under this Agreement if the Executive, without the prior written consent of the Company and within 2 years from the Executive’s Termination of Employment, engages in, becomes interested in, directly or indirectly, as a sole proprietor, as a partner in a partnership, or as a substantial shareholder in a corporation, or becomes associated with, in the capacity of employee, director, officer, principal, agent, trustee or in any other capacity whatsoever, any enterprise conducted in the trading area (a 50 mile radius) of the business of the Company, which enterprise is, or may deemed to be, competitive with any business carried on by the Company as of the date of termination of the Executive’s employment or retirement. This section shall not apply following a Change in Control.

  • Indemnification of Employees and Agents The Company may indemnify and advance expenses to any person who was or is made or is threatened to be made or is otherwise involved in any Proceeding by reason of the fact that such person, or a person for whom such person is the legal representative, is or was an employee or agent of the Company or, while an employee or agent of the Company, is or was serving at the request of the Company as a director, officer, trustee, manager, employee or agent of another corporation or of a partnership, joint venture, limited liability company, trust, enterprise, nonprofit entity or other entity of any type, including service with respect to any employee benefit plan, against all liability and loss suffered and expenses (including attorneys’ fees) reasonably incurred by such person in connection with such Proceeding. The ultimate determination of entitlement to indemnification of persons who are non-officer employees or agents shall be made in such manner as is determined by the Member in its sole discretion. Notwithstanding the foregoing sentence, the Company shall not be required to indemnify a person described therein in connection with a Proceeding initiated by or on behalf of such person if the Proceeding was not authorized in advance by the Member.

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