COMMENCEMENT AND TERMINATION 10.1 This Agreement shall be effective as of the date hereof and shall continue in force until terminated in accordance with the provisions herein. 10.2 This Agreement shall terminate without penalty: a. As to any Participating Fund, at the option of Insurance Company or the Participating Fund at any time from the date hereof upon 180 days' notice, unless a shorter time is agreed to by the respective Participating Fund and Insurance Company; b. As to any Participating Fund, at the option of Insurance Company, if shares of that Participating Fund are not reasonably available to meet the requirements of the Contracts as determined by Insurance Company. Prompt notice of election to terminate shall be furnished by Insurance Company, said termination to be effective ten days after receipt of notice unless the Participating Fund makes available a sufficient number of shares to meet the requirements of the Contracts within said ten-day period; c. As to a Participating Fund, at the option of Insurance Company, upon the institution of formal proceedings against that Participating Fund by the Commission, National Association of Securities Dealers or any other regulatory body, the expected or anticipated ruling, judgment or outcome of which would, in Insurance Company's reasonable judgment, materially impair that Participating Fund's ability to meet and perform the Participating Fund's obligations and duties hereunder. Prompt notice of election to terminate shall be furnished by Insurance Company with said termination to be effective upon receipt of notice; d. As to a Participating Fund, at the option of each Participating Fund, upon the institution of formal proceedings against Insurance Company by the Commission, National Association of Securities Dealers or any other regulatory body, the expected or anticipated ruling, judgment or outcome of which would, in the Participating Fund's reasonable judgment, materially impair Insurance Company's ability to meet and perform Insurance Company's obligations and duties hereunder. Prompt notice of election to terminate shall be furnished by such Participating Fund with said termination to be effective upon receipt of notice; e. As to a Participating Fund, at the option of that Participating Fund, if the Participating Fund shall determine, in its sole judgment reasonably exercised in good faith, that Insurance Company has suffered a material adverse change in its business or financial condition or is the subject of material adverse publicity and such material adverse change or material adverse publicity is likely to have a material adverse impact upon the business and operation of that Participating Fund or Dreyfus, such Participating Fund shall notify Insurance Company in writing of such determination and its intent to terminate this Agreement, and after considering the actions taken by Insurance Company and any other changes in circumstances since the giving of such notice, such determination of the Participating Fund shall continue to apply on the sixtieth (60th) day following the giving of such notice, which sixtieth day shall be the effective date of termination; f. As to a Participating Fund, upon termination of the Investment Advisory Agreement between that Participating Fund and Dreyfus or its successors unless Insurance Company specifically approves the selection of a new Participating Fund investment adviser. Such Participating Fund shall promptly furnish notice of such termination to Insurance Company; g. As to a Participating Fund, in the event that Participating Fund's shares are not registered, issued or sold in accordance with applicable federal law, or such law precludes the use of such shares as the underlying investment medium of Contracts issued or to be issued by Insurance Company. Termination shall be effective immediately as to that Participating Fund only upon such occurrence without notice; h. At the option of a Participating Fund upon a determination by its Board in good faith that it is no longer advisable and in the best interests of shareholders of that Participating Fund to continue to operate pursuant to this Agreement. Termination pursuant to this Subsection (h) shall be effective upon notice by such Participating Fund to Insurance Company of such termination; i. At the option of a Participating Fund if the Contracts cease to qualify as annuity contracts or life insurance policies, as applicable, under the Code, or if such Participating Fund reasonably believes that the Contracts may fail to so qualify; j. At the option of any party to this Agreement, upon another party's breach of any material provision of this Agreement; k. At the option of a Participating Fund, if the Contracts are not registered, issued or sold in accordance with applicable federal and/or state law; or l. Upon assignment of this Agreement, unless made with the written consent of every other non-assigning party. Any such termination pursuant to Section 10.2a, 10.2d, 10.2e, 10.2f or 10.2k herein shall not affect the operation of Article V of this Agreement. Any termination of this Agreement shall not affect the operation of Article IX of this Agreement. 10.3 Notwithstanding any termination of this Agreement pursuant to Section 10.2 hereof, each Participating Fund and Dreyfus may, at the option of the Participating Fund, continue to make available additional shares of that Participating Fund for as long as the Participating Fund desires pursuant to the terms and conditions of this Agreement as provided below, for all Contracts in effect on the effective date of termination of this Agreement (hereinafter referred to as "Existing Contracts"). Specifically, without limitation, if that Participating Fund and Dreyfus so elect to make additional Participating Fund shares available, the owners of the Existing Contracts or Insurance Company, whichever shall have legal authority to do so, shall be permitted to reallocate investments in that Participating Fund, redeem investments in that Participating Fund and/or invest in that Participating Fund upon the making of additional purchase payments under the Existing Contracts. In the event of a termination of this Agreement pursuant to Section 10.2 hereof, such Participating Fund and Dreyfus, as promptly as is practicable under the circumstances, shall notify Insurance Company whether Dreyfus and that Participating Fund will continue to make that Participating Fund's shares available after such termination. If such Participating Fund shares continue to be made available after such termination, the provisions of this Agreement shall remain in effect and thereafter either of that Participating Fund or Insurance Company may terminate the Agreement as to that Participating Fund, as so continued pursuant to this Section 10.3, upon prior written notice to the other party, such notice to be for a period that is reasonable under the circumstances but, if given by the Participating Fund, need not be for more than six months. 10.4 Termination of this Agreement as to any one Participating Fund shall not be deemed a termination as to any other Participating Fund unless Insurance Company or such other Participating Fund, as the case may be, terminates this Agreement as to such other Participating Fund in accordance with this Article X.
General Leave of Absence a) Leave of absence without pay may be granted to employees for valid reasons as set out by Company policy. b) An employee on general leave of absence shall not accumulate sick leave credits, or earn vacation but shall retain the seniority, sick leave credits, and vacation credits earned prior to commencing leave of absence. c) Employees do not have the option of continuing their benefit coverage during the leave. d) Employees on leave of absence shall be required to apply for any extension.
Extended Leave of Absence Professional employees who have attained renewable contract status may request extended leaves of absence for one (1) year without pay under any one of the circumstances listed in this section. All requests for such extended leave of absence will be applied for and granted or rejected in writing. Such application will be reviewed by the principal and superintendent. If the latter approves, he/she will recommend that the leave be granted by the Board. An employee returning from an extended leave will be assigned to the same position as that which he/she held before assuming the leave, providing that position still exists. By mutual agreement between the employer and the employees, he/she may be given a different assignment. Extended leaves of absence may be requested under, but not limited to, the following: 1. To serve in a county, state, or national public office. 2. To care for a sick member of the immediate family. 3. To serve as an exchange teacher or an overseas teacher. 4. To accept a sabbatical leave.
ARTICLE LEAVE OF ABSENCE The Employer, may, in its discretion, grant a leave of absence with or without pay to any employee for education personal reasons. Request for leave of absence shall be in writing and submitted to his supervisor who will forward the same to the designated Human Resources representative for approval. An employeeshall not be required to use his accumulated vacation before requesting a leave of absence for non-vacation purposes. The Employer shall grant leaves of absence without pay to up to four (4) employees to attend Union conventions or seminars, provided that: such leave does not unduly interfere with the operation requirements of the Employer; the total leave of absence granted hereunder shall not exceed twenty-five working days per year of the agreement; not more than one (1) employee from any program unit may receive leave hereunder at any one time and; the Union gives fourteen (14) clear notice of such leave to the Employer. Leave of absence due to pregnancy and/or parental leave shall be granted in accordance with the requirements of the Standards Act of Ontario If an employee who has completed his probationary period is required to serve as a juror, he shall not lose his regular pay because of such attendance provided he notifies his supervisor immediately upon notification that he will be required to serve as a juror, presents proof of service and promptly pays to the Employer any amounts paid to him for such service. Employees absent from work for any continuous period of fifteen (15) calendar days or more other than a period of vacation leave or paid sick leave shall not earn vacation or sick leave credits during the period of any such absence and anniversary dates shall be adjusted accordingly except as specified in Article In addition, the Employer shall not be required to contribute to the payment of health and welfare benefits during any such absence. Employees who desire to maintain health and welfare benefits through the Employer must arrange payments of premiums for all such benefits and pay all such premiums through the Employer before commencing any absence. Notwithstanding the preceding paragraph, it is agreed that the Employer shall maintain health and welfare benefits for employees who are off work on Long Term Disability or Workplace Safety and Insurance Board Benefits for a period of up to one (1) year from the date such employee ceased working for the Employer provided the employee pays his portion of the health and welfare benefits premium. An employee shall be entitled to paternity leave which shall consist of one (1)day with pay and two (2) days without pay.
LEAVE OF ABSENCE 18.01 The President and one (1) member of the Association shall be granted leave of absence without pay as may be necessary for the proper performance of the duties of their office insofar as the regular operations of the service of the Fire Department will permit, at the discretion of the Fire Chief. 18.02 The Bargaining Committee members shall suffer no loss of earnings for the time required to meet with the Corporation for negotiations. 18.03 The Grievance Committee members shall suffer no loss of earnings for the time required to investigate grievances and meet with the Corporation on the processing of grievances. 18.04 A Fire Fighter who is absent from duty because of non-occupational accident or sickness and who provides satisfactory evidence of disability shall be granted leave of absence for the duration of his/her paid sick leave entitlement or one (1) year, whichever is the greater, and his/her pay shall be in accordance with the provisions of Article 11.02 and not to be pyramided. 18.05 A Fire Fighter who has been absent from duty under the Workplace Safety & Insurance Act shall be granted leave of absence for the duration of such disability or until he/she has been granted an award for permanent disability by the Board, and his/her pay shall be in accordance with the provisions of Section 11.01. A Fire Fighter on temporary disability in excess of one (1) year, who is pronounced fit for duty by a competent medical authority acceptable to the Corporation, may return to duty if his/her length of service at the commencement of his/her leave was greater than that of the junior Fire Fighter at the time of the proposed return, provided he/she gives thirty (30) days' prior notice. 18.06 A member of the Economic Policy Committee shall suffer no loss of earnings to attend meetings in his/her role as Committeeman. It is understood that a Committeeman will not leave his/her work without the permission of the officer in charge and the time so used shall not be unreasonable. 18.07 A Fire Fighter who has been absent from duty due to a compensable accident which occurred while working for another employer, other than the Corporation, shall not be entitled to Green Shield, including hospital, drugs, dental, and vacation entitlement shall be pro-rated. In addition, lieu day entitlement will be limited to those days accumulated while on duty. Employees will have the option of reimbursing the Corporation for the continued coverage of any or all of the above benefits with the exception of vacation entitlement. 18.08 A Fire Fighter shall be provided with pregnancy/parental leave in accordance with the terms of The Employment Standards Act. A Fire Fighter shall receive a top up of employment insurance (EI) benefits received during pregnancy/parental leave of seventy- five percent of regular earnings for a maximum of twenty-five (25) weeks comprised of fifteen (15) weeks of pregnancy leave and ten (10) weeks of parental leave, effective September 25, 2016.
Medical Leave of Absence Where you have a medical leave of absence due to any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than six months, and you have not returned to employment with the Company or an Affiliate, a Separation from Service has occurred on the earlier of: (A) the first day on which you would not be considered “disabled” under any disability policy of the Company or Affiliate under which you are then receiving a benefit; or (B) the first day on which your medical leave of absence period exceeds 29 months.
Unpaid Leave of Absence If an employee is on an unpaid leave of absence, then vacation leave, compensatory time, or sick leave cannot be used for the purpose of maintaining eligibility for an Employer Contribution by keeping the employee on a State payroll for one (1) working day per pay period.
Union Leave of Absence 22:01 (a) The Employer shall grant leave of absence to employees to attend Union conventions, seminars, educational classes or other Union business. It is understood that the Union will not request leave of absence for more than four (4) full-time employees and three (3) part-time employees at any one time and the total leave of absence in any year shall be not more than an aggregate of thirty (30) working days for full- time employees and fifteen (15) working days for part- time employees. Longer leaves of absence will be approved at management’s discretion and will not be unreasonably withheld. Such leaves of absence shall not seriously disrupt the operations of the Home, and shall be requested as far in advance as possible, in writing to the Home Administrator, with a copy to the Human Resources Associate. It is further understood that the leave of absence shall be granted without pay and the Union shall be responsible for the payment of wages during the period of absence. (b) The parties agree the employer will continue the regular compensation for the employees on such leave, and the Union agrees to reimburse the Employer in a timely fashion for all costs associated with the compensation for the employees. The parties agree that the Employer is not liable for any WSIB claims that may arise while the employee is on union leave as described in 22.01 (a). 22:02 An employee who is elected or appointed to office in the Unifor, upon request and provision of six (6) weeks notice, shall be granted a leave of absence without loss of seniority and benefits for up to three (3) years. During such leaves of absence, salary and benefits shall be kept whole by the Employer and the Union agrees to reimburse the Employer for such salary and the Employers' contribution to said benefits. The employee agrees to notify the Employer of the employee's intention to return to work within four (4) weeks following termination of office for which the leave was granted. At the end of such leave, any employee hired or placed as a substitute for the employee on such absence, may be terminated or laid off by the Employer as required, or be transferred to the employee's previous position, if the substitution was a transfer. 22:03 Employees who are on leave of absence will not engage in gainful employment while on such leave and if an employee does engage in gainful employment while on such leave of absence they may forfeit all seniority rights and privileges contained in this Agreement. Ft&Pt 22:04 Employees on leave of absence under this Article shall continue to accumulate all rights and privileges under this Agreement.
Leave of Absence With Pay 1. A leave of absence with pay shall be granted to any employee who serves on a jury or as a witness for the federal government, the State of Nevada, or a political subdivision thereof. The employee shall be paid his/her regular salary while on court leave and retain any witness or jury duty fees, when summoned for jury duty or serving as a witness in any case. When an employee, serving in his/her official capacity as a County employee and as part of his/her required duties, serves as a witness in any case, he shall not receive witness fees. Per diem and transportation costs may be paid by the requesting jurisdiction, considering such variables as whether or not the case is a criminal or civil matter, whether it is in State or out-of-state, the length of time the employee is required to stay away from the job and who receives ultimate benefit from the County employee’s testimony. Court leave shall not be charged to any employee’s annual leave balance. 2. When it is impractical for a registered voter to vote before or after his/her normal working hours, an employee will be granted sufficient time to vote.
Maternity/Paternity/Adoption Leave An Employee who is expecting the birth or adoption of a child shall be entitled to maternity/paternity/adoption leave without pay, provided she presents a medical certificate confirming the probable date of confinement, or in the case of adoption, gives the Employer notice of eligibility. Except in extenuating circumstances, the notice shall be submitted in writing at least twenty-eight (28) days in advance of the leave and shall specify the probable date of commencement and the anticipated length of leave. The following conditions shall apply: (a) Leave of Absence for maternity/paternity/adoption shall be for up to eighteen (18) months as requested by the Employee, except in extenuating circumstances when, in the opinion of a medical practitioner, the leave should be further extended. (b) Upon return from such leave, the Employee will resume employment at the same worksite, in the same or in a comparable position prior to the granting of such leave. In the event the Employee on Maternity/Paternity/Adoption Leave is affected by lay off, she shall be afforded access to the provisions of Article 26, Layoff And Work Resumption. (c) Notice of intention to return to work or request for a change of the length of the leave of absence, must be forwarded to the Employer twenty-eight (28) days prior to the expiration of the leave. The Employee shall be entitled to one (1) extension of said leave. However, the entire length of such leave of absence shall not exceed eighteen (18) months. (d) An Employee shall have access to sick leave credits as per Article 12.07. (e) Accrual of seniority when on such leave is calculated as follows: (i) For full-time Employees, seniority shall accrue as if they were working. (ii) For other than full-time Employees who have worked for one (1) year or more: 52 Week of Leave (iii) For other than full-time Employees who have worked for less than one (1) year: (f) Supplemental Employment Insurance Maternity/Paternity/Adoption Supplemental Employment Benefit (SEB) The Employer will implement a Supplemental Employment Benefits Plan. Employees will receive the Supplementary Employment Benefits if they meet eligibility requirements. Maternity/Paternity/Adoption Supplemental Employment Benefit (SEB) shall apply to all Employees.
