Common use of Key Employee Exception Clause in Contracts

Key Employee Exception. a. Employees of the university who, during a period of family leave taken pursuant to I. A., B., or C., Available Leave, above, are within the top 5% of the university's employees with respect to gross income paid by the university, are "Key Employees" and may be denied leave as set out above if such leave will, as can be established by the university, cause substantial and grievous economic or other organizational harm to the university. b. Employees of the university who, during a period of family leave taken under any enabling provision, are within the top 10% of the university's employees with respect to gross income paid by the university are also "Key Employees" and may be denied reinstatement as set out above, if such reinstatement will, as can be established by the university, cause substantial and grievous economic or other organizational harm to the university. c. Key Employees must be individually noticed by the university, prior to taking leave, that they are Key Employees and that leave and/or position restoration may be denied them depending upon their Key Employee status and type of leave desired. d. An employee on leave who, during the leave, becomes a Key Employee or a Key Employee who failed to receive such notice prior to commencement of leave and who would not otherwise be entitled to leave or would not otherwise be reinstated pursuant to this provision, will be notified by the university immediately and given an opportunity to immediately return from leave with full restoration to his/her position prior to denial of further leave or denial of reinstatement.

Key Employee Exception. a. i. Employees of the university NJIT who, during a period of family leave Family Leave taken pursuant to I. A.A. 1., B., 2. or C., Available Leave, 3. above, are within the top 5% of the university's ’s employees with respect to gross income paid by the university, are "“Key Employees" ” and may be denied leave as set out above if such leave Leave will, as can be established by the university, cause substantial and grievous economic or other organizational harm to the universityNJIT. b. ii. Employees of the university NJIT who, during a period of family leave Family Leave taken under any enabling provision, are within the top 10% of the university's NJIT’s employees with respect to gross income paid by the university NJIT are also "“Key Employees" ” and may be denied reinstatement as set out above, if such reinstatement will, as can be established by the universityNJIT, cause substantial and grievous economic or other organizational harm to the universityNJIT. c. iii. Key Employees must be individually noticed by the universityNJIT, prior to taking leaveLeave, that they are Key Employees and that leave Leave and/or position restoration may be denied them depending upon their Key Employee status and type of leave Leave desired. d. iv. An employee on leave Leave who, during the leaveLeave, becomes a Key Employee or a Key Employee who failed to receive such notice prior to commencement of leave Leave and who would not otherwise be entitled to leave Leave or would not otherwise be reinstated pursuant to this provision, will be notified by the university immediately and given an opportunity to immediately return from leave Leave with full restoration to his/her position prior to denial of further leave Leave or denial of reinstatement.

Key Employee Exception. a. i. Employees of the university who, during a period of family leave Family Leave taken pursuant to I. A.A.1., B.2., or C., Available Leave, 3. above, are within the top 5% of the university's ’s employees with respect to gross income paid by the universityEmployer, are "“Key Employees" ” and may be denied leave Leave as set out above if such leave will, as can be established by the universityEmployer, cause substantial and grievous economic or other organizational harm to the university. b. ii. Employees of the university who, during a period of family leave Family Leave taken under any enabling provision, are within the top 10% of the university's ’s employees with respect to gross income paid by the university Employer are also "“Key Employees" ” and may be denied reinstatement as set out above, if such reinstatement will, as can be established by the universityEmployer, cause substantial and grievous economic or other organizational harm to the university. c. iii. Key Employees must be individually noticed by the universityEmployer, prior to taking leave, that they are Key Employees and that leave and/or position restoration may be denied them depending upon their Key Employee status and type of leave desired. d. iv. An employee on leave who, during the leave, becomes a Key Employee or a Key Employee who failed to receive such notice prior to commencement of leave and who would not otherwise be entitled to leave or would not otherwise be reinstated pursuant to this provision, will be notified by the university Employer immediately and given an opportunity to immediately return from leave with full restoration to his/her position prior to denial of further leave or denial of reinstatement.

Key Employee Exception. a. i. Employees of the university NJIT who, during a period of family leave Family Leave taken pursuant to I. A.A. 1., B., 2. or C., Available Leave, 3. above, are within the top five percent (5% %) of the university's ’s employees with respect to gross income paid by the university, are "“Key Employees" ” and may be denied leave as set out above if such leave Leave will, as can be established by the university, cause substantial and grievous economic or other organizational harm to the universityNJIT. b. ii. Employees of the university NJIT who, during a period of family leave Family Leave taken under any enabling provision, are within the top ten percent (10% %) of the university's NJIT’s employees with respect to gross income paid by the university NJIT are also "“Key Employees" ” and may be denied reinstatement as set out above, if such reinstatement will, as can be established by the universityNJIT, cause substantial and grievous economic or other organizational harm to the universityNJIT. c. iii. Key Employees must be individually noticed by the universityNJIT, prior to taking leaveLeave, that they are Key Employees and that leave Leave and/or position restoration may be denied them depending upon their Key Employee status and type of leave Leave desired. d. iv. An employee on leave Leave who, during the leaveLeave, becomes a Key Employee or a Key Employee who failed to receive such notice prior to commencement of leave Leave and who would not otherwise be entitled to leave Leave or would not otherwise be reinstated pursuant to this provision, will be notified by the university immediately and given an opportunity to immediately return from leave Leave with full restoration to his/her position prior to denial of further leave Leave or denial of reinstatement.

Key Employee Exception. a. Employees (i) Sergeants of the university NJIT who, during a period of family leave taken pursuant to I. A.A.1., B., 2. or C.3., Available Leave, above, are within the top five percent (5% %) of the university's NJIT’s employees with respect to gross income paid by the universityNJIT, are "“Key Employees" ” and may be denied leave as set out above if such leave will, as can be established by the universityNJIT, cause substantial and grievous economic or other organizational harm to the universityNJIT. b. Employees (ii) Sergeants of the university NJIT who, during a period of family leave taken under any enabling provisionpursuant to A.4., Available Leave, above, are within the top ten percent (10% %) of the university's employees NJIT’s Employees with respect to gross income paid by the university NJIT are also "“Key Employees" ” and may be denied reinstatement as set out above, if such reinstatement will, as can be established by the universityNJIT, cause substantial and grievous economic or other organizational harm to the universityNJIT. c. (iii) Key Employees must be individually noticed by the universityNJIT, prior to taking leave, that they are Key Employees and that leave and/or position restoration may be denied them depending upon their Key Employee status and type of leave desired. d. An employee (iv) A Sergeant on leave who, during the leave, becomes a Key Employee or a Key Employee who failed to receive such notice prior to commencement of leave and who would not otherwise be entitled to leave or would not otherwise be reinstated pursuant to this provision, will be notified by the university NJIT immediately and given an opportunity to immediately return from leave with full restoration to his/her position prior to denial of further leave or denial of reinstatement.

Key Employee Exception. a. i. Employees of the university who, during a period of family leave Family Leave taken pursuant to I. A.A.1., B.2., or C., Available Leave, 3. above, are within the top 5% of the university's ’s employees with respect to gross income paid by the universityEmployer, are "“Key Employees" ” and may be denied leave Leave as set out above if such leave will, as can be established by the universityEmployer, cause substantial and grievous economic or other organizational harm to the university. b. ii. Employees of the university who, during a period of family leave Family Leave taken under any enabling provision, are within the top 10% of the university's ’s employees with respect to gross income paid by the university Employer are also "“Key Employees" ” and may be denied reinstatement as set out above, if such reinstatement will, as can be established by the universityEmployer, cause substantial and grievous economic or other organizational harm to the university. c. iii. Key Employees must be individually noticed by the universityEmployer, prior to taking leave, that they are Key Employees and that leave and/or position restoration may be denied them depending upon their Key Employee status and type of leave desired. d. iv. An employee on leave who, during the leave, becomes a Key Employee or a Key Employee who failed to receive such notice prior to commencement of leave and who would not otherwise be entitled to leave or would not otherwise be reinstated pursuant to this provision, will be notified by the university Employer immediately and given an opportunity to immediately return from leave with full restoration to his/her his position prior to denial of further leave or denial of reinstatement.

Key Employee Exception. a. Employees (i) Lieutenants of the university NJIT who, during a period of family leave taken pursuant to I. A.A.1., B., 2. or C.3., Available Leave, above, are within the top five percent (5% %) of the university's NJIT’s employees with respect to gross income paid by the universityNJIT, are "“Key Employees" ” and may be denied leave as set out above if such leave will, as can be established by the universityNJIT, cause substantial and grievous economic or other organizational harm to the universityNJIT. b. Employees (ii) Lieutenants of the university NJIT who, during a period of family leave taken under any enabling provisionpursuant to A.4., A5 or A6 Available Leave, above, are within the top ten percent (10% %) of the university's employees NJIT’s Employees with respect to gross income paid by the university NJIT are also "“Key Employees" ” and may be denied reinstatement as set out above, if such reinstatement will, as can be established by the universityNJIT, cause substantial and grievous economic or other organizational harm to the universityNJIT. c. (iii) Key Employees must be individually noticed by the universityNJIT, prior to taking leave, that they are Key Employees and that leave and/or position restoration may be denied them depending upon their Key Employee status and type of leave desired. d. An employee (iv) A Lieutenant on leave who, during the leave, becomes a Key Employee or a Key Employee who failed to receive such notice prior to commencement of leave and who would not otherwise be entitled to leave or would not otherwise be reinstated pursuant to this provision, will be notified by the university NJIT immediately and given an opportunity to immediately return from leave with full restoration to his/her position prior to denial of further leave or denial of reinstatement.

Key Employee Exception. a. Employees (i) Lieutenants of the university NJIT who, during a period of family leave taken pursuant to I. A.A.1., B., 2. or C.3., Available Leave, above, are within the top five percent (5% %) of the university's NJIT’s employees with respect to gross income paid by the universityNJIT, are "“Key Employees" ” and may be denied leave as set out above if such leave will, as can be established by the universityNJIT, cause substantial and grievous economic or other organizational harm to the universityNJIT. b. Employees (ii) Lieutenants of the university NJIT who, during a period of family leave taken under any enabling provisionpursuant to A.4., Available Leave, above, are within the top ten percent (10% %) of the university's employees NJIT’s Employees with respect to gross income paid by the university NJIT are also "“Key Employees" ” and may be denied reinstatement as set out above, if such reinstatement will, as can be established by the universityNJIT, cause substantial and grievous economic or other organizational harm to the universityNJIT. c. (iii) Key Employees must be individually noticed by the universityNJIT, prior to taking leave, that they are Key Employees and that leave and/or position restoration may be denied them depending upon their Key Employee status and type of leave desired. d. An employee (iv) A Lieutenant on leave who, during the leave, becomes a Key Employee or a Key Employee who failed to receive such notice prior to commencement of leave and who would not otherwise be entitled to leave or would not otherwise be reinstated pursuant to this provision, will be notified by the university NJIT immediately and given an opportunity to immediately return from leave with full restoration to his/her position prior to denial of further leave or denial of reinstatement.