PRESUMPTION OF DISABILITY Sample Clauses

PRESUMPTION OF DISABILITY. In any case where an employee covered by this Agreement is disabled from performing his or her regular duties as a firefighter because of a heart condition or respiratory ailment, it shall be conclusively presumed that such disability is attributable to his or her employment as a member of the Fire Department; in any case where an employee covered by this agreement is disabled from performing his or her regular duties as a firefighter because of hepatitis B or C, it shall be rebuttably presumed that such disability is attributable to his or her employment as a member of the Fire Department, and he or she shall be entitled to all of the benefits of the ordinances of the City of Warwick. For short-term disabilities under this paragraph, the inability to perform one’s duties must be verified by a qualified physician. No period of such disability shall be deducted from his or her sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement.
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PRESUMPTION OF DISABILITY. In any case where an employee covered by this Agreement is disabled from performing his or her regular duties as a firefighter because of a heart condition or respiratory ailment, it shall be conclusively presumed that such disability is attributable to his or her employment as a member of the Fire Department; in any case where an employee covered by this agreement is disabled from performing his or her regular duties as a firefighter because of hepatitis B or C, it shall be rebuttably presumed that such disability is attributable to his or her employment as a member of the Fire Department, and he or she shall be entitled to all of the benefits of the ordinances of the City of Warwick. For short-term disabilities under this paragraph, the inability to perform one’s duties must be verified by a qualified physician. No period of such disability shall be deducted from his or her sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. The City agrees to form a three member sub-committee organized under the auspices of the Board of Public Safety (“BPS”) to review and compose appropriate revisions to disability pension criteria in the Board of Public Safety Rules concerning work related cancer conditions. This committee shall also review, discuss, consider and provide recommendations to the Board of Public Safety and office of the Mayor concerning revisions to other post employment benefit (“OPEB”) issues.
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PRESUMPTION OF DISABILITY. The Town shall comply with all applicable state and local laws, including R.I. Gen. Laws § 45- 19-1, as amended; R.I. Gen. Laws §§ 45-19.1-1 et seq., as amended; R.I. Gen. Laws §§ 45-21.2- 1, et seq., as amended; R.I. Gen. Laws § 45-21.2-9, as amended; and Tiverton Code of Ordinances, §§ 2-201, 2-202, as amended, in the administration of firefighter disabilities and application(s) for disability xxxxxxxx.Xx any case where an employee covered by this Agreement is disabled from performing his regular duties as a firefighter because of a heart condition or respiratory ailment, and if the employee undergoes an annual physical examination by a physician chosen by the Town at the Town's expense, it shall be presumed that such disability is attributable to his employment, as a member of the Fire Department, and he shall be entitled to all of the benefits provided for in Section 45-19-1 of the General Laws of Rhode Island 1956, as amended, and none of said period of disability shall be deducted from his sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. If an employee fails to follow the physician's recommendations, this section will not apply to said employee. A copy of the physician's report will be filed in the employee's personnel file, and a copy of said report shall be forwarded to the Town and the employee.
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PRESUMPTION OF DISABILITY. In any case where an employee covered by this Agreement is disabled from performing his regular duties as a Fire Fighter because of a heart condition, respiratory ailment, hypertension or from any condition derived from hypertension, it shall be conclusively presumed that such disability is attributable to his employment as a member of the Fire Department, and he shall be entitled to all of the benefits provided for in Section 45-19-1 of the General Laws of Rhode Island, 1956, as amended, and none of said period of disability shall be deducted from his sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. The City of Cranston shall recognize cancer as an occupational illness pursuant to this section. If at anytime RI General Law 45-19-1 is repealed, the local will enter into negotiations immediately with the City of Cranston to discuss the impact in the change to the law.
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PRESUMPTION OF DISABILITY. Delete and replace with the following: “The Town shall comply with all applicable state and local laws, including R.I. Gen. Laws § 45-19-1, as amended; R.I. Gen. Laws §§ 45-19.1-1 et seq., as amended; R.I. Gen. Laws §§ 45-21.2-1, et seq., as amended; R.I. Gen. Laws § 45-21.2-9, as amended; and Tiverton Code of Ordinances, §§ 2-201, 2-202, as amended, in the administration of firefighter disabilities and application(s) for disability pensions.” TA
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PRESUMPTION OF DISABILITY. The Town shall comply with all applicable state and local laws, including R.I. Gen. Laws § 45- 19-1, as amended; R.I. Gen. Laws §§ 45-19.1-1 et seq., as amended; R.I. Gen. Laws §§ 45-21.2- 1, et seq., as amended; R.I. Gen. Laws § 45-21.2-9, as amended; and Tiverton Code of Ordinances, §§ 2-201, 2-202, as amended, in the administration of firefighter disabilities and application(s) for disability pensions.
Sample 1
PRESUMPTION OF DISABILITY. For employees hired before July 1, 2015: In any case where an employee who was hired before July 1, 2015 and who is covered by this Agreement is disabled from performing his regular duties as a fire fighter because of a heart condition, respiratory ailment (excluding the common cold, seasonal bronchitis, or seasonal respiratory infections), hypertension or from any condition derived from hypertension, or develops cancer, it shall be conclusively presumed that such disability is attributable to his employment as a member of the department, and he shall be entitled to all of the benefits provided for in section 45-19-1 of the General Laws of the State of Rhode Island, 1956, as amended, and none of said period of disability shall be deducted from his sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. For employees hired on or after July 1, 2015: In any case where an employee who was hired on or after July 1, 2015, who is otherwise covered by this Agreement, and who has served as a department firefighter for at least five (5) years is disabled from performing his regular duties as a fire fighter because of a heart condition, respiratory ailment (excluding the common cold, seasonal bronchitis, or seasonal respiratory infections), hypertension or from any condition derived from hypertension, or develops cancer, it shall be conclusively presumed that such disability is attributable to his employment as a member of the department, and he shall be entitled to all of the benefits provided for in section 45-19-1 of the General Laws of the State of Rhode Island, 1956, as amended, and none of said period of disability shall be deducted from his sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. For all employees: The Town hereby reserves the right to have an employee examined by the Town physician to determine whether that employee suffers from a heart condition, respiratory ailment (excluding the common cold, seasonal bronchitis, or seasonal respiratory infections), hypertension or from any condition derived from hypertension, or has developed cancer. If there is a disagreement between the Town and an employee as to whether that employee suffers from a heart condition, respiratory ailment (excluding the common cold, seasonal bronchitis, or seasonal respiratory inf...
Sample 1
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PRESUMPTION OF DISABILITY. In any case where an employee covered by this Agreement is disabled from performing his regular duties as a firefighter because of a heart condition or respiratory ailment, and if the employee undergoes an annual physical examination by a physician chosen by the Town at the Town's expense, it shall be presumed that such disability is attributable to his employment, as a member of the Fire Department, and he shall be entitled to all of the benefits provided for in Section 45-19-1 of the General Laws of Rhode Island 1956, as amended, and none of said period of disability shall be deducted from his sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. If an employee fails to follow the physician's recommendations, this section will not apply to said employee. A copy of the physician's report will be filed in the employee's personnel file, and a copy of said report shall be forwarded to the Town and the employee.
Sample 1

Related to PRESUMPTION OF DISABILITY

  • Definition of Disability For purposes of this Agreement, “Disability” (and any of its forms) means that, for more than six consecutive months, the Executive is unable, with reasonable accommodation, to perform the duties described in Section 4.01 on a full-time basis due to a physical or mental disability or infirmity.

  • Termination by Reason of Disability If the Optionee’s employment by the Company terminates by reason of Disability, this Option may thereafter be exercised, to the extent the Option was exercisable at the time of such termination (after giving effect to any acceleration of vesting provided for in Section 2 above), by the Optionee or personal representative or guardian of the Optionee, as applicable, for a period of three (3) years from the date of such termination of employment or until the expiration of the Term of the Option, whichever period is the shorter.

  • By Disability If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety consecutive days or more than one hundred and twenty days in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

  • Termination by Disability In the event the employment of the Optionee is terminated by reason of Disability, the Option shall become immediately and fully exercisable as of the date the Committee determines the Optionee terminated for Disability and shall remain exercisable at any time prior to the end of the Exercise Term, or for one (1) year after the date of termination, whichever period is shorter.

  • Total Disability a) Total disability, as used in this Plan, means the complete inability because of an accident or sickness of a covered employee to perform all the duties of his/her own occupation for the first two (2) years of disability. Thereafter, employees able by reason of education, training or experience to perform the duties of a gainful occupation for which the rate of pay is not less than seventy-five percent (75%) of the current rate of pay of their regular occupation at date of disability will not be considered totally disabled and will therefore not be eligible for benefits under this Long Term Disability Plan. b) Total disabilities resulting from mental or nervous disorders are covered by the Plan in the same manner as total disabilities resulting from accidents or other sicknesses, except that an employee who is totally disabled as a result of a mental or nervous disorder and who has received twenty-four (24) months of Long Term Disability Plan benefit payments must be confined to a hospital or mental institution or where they are at home, under the direct care and supervision of a medical doctor, in order to continue to be eligible for benefit payment. During a period of total disability an employee must be under the regular and personal care of a legally qualified doctor of medicine. c) i) If an employee becomes totally disabled and during this period of total disability engages in rehabilitative employment, the regular monthly benefit from this plan will be reduced by twenty-five percent (25%) of the employee's earnings from such rehabilitative employment. In the event that income from rehabilitative employment and the benefit paid under this Plan exceeds eighty-five percent (85%) of the employee's earnings at date of disability, the benefit from this Plan will be further reduced by the excess amount.

  • Disability The Company shall be entitled to terminate the Executive’s employment if the Board determines that the Executive has been unable to attend to the Executive’s duties for at least ninety (90) days because of a Disability (as defined below), and has received a written opinion from a physician acceptable to the Board that such condition prevents the Executive from resuming full performance of the Executive’s duties and is likely to continue for an indefinite period. Except as provided under the terms of the award, and subject to compliance with the covenants in Section 9 and Section 10 and the execution, timely return and non-revocation (if applicable) by the Executive of a release of claims in a form and substance reasonably requested by the Company (the “Release”) (unless such Release is waived by the Compensation Committee in its sole discretion), any then outstanding restricted stock or restricted stock unit awards shall become fully vested (for purposes of this Section 5(b), references to “fully vested” in connection with any award subject to performance-based vesting conditions refers to vesting at the target level of achievement of the performance goal or goals under the award), and the Company shall pay severance to the Executive in accordance with its normal payroll practices, equal to twelve (12) months of the Executive’s Base Salary as in effect at the time the Executive’s employment terminates, with the first payment on the first payroll date after the revocation period for the Release has expired; provided (i) if the time period for returning and revoking the Release begins in one taxable year and ends in a second taxable year, the payments shall not commence until the first payroll date in the second taxable year; and (ii) all such payments shall immediately terminate at an earlier date if the Executive returns to active employment, either with the Company or otherwise. Any amounts payable under this Section 5(b) shall be reduced on a dollar-for-dollar basis by the amount of bona fide disability pay (within the meaning of Treas. Reg. section 1.409A-1(a)(5)) received or receivable by the Executive during such twelve-month period, provided such disability payments are made pursuant to a plan sponsored by the Company that covers a substantial number of employees of the Company and was established prior to the date the Executive incurred a permanent disability, and further provided that such reduction does not otherwise affect the time of payment of amounts pursuant to this Section 5(b). With respect to any restricted stock unit awards held by the Executive, settlement shall occur pursuant to the terms of the award. For purposes of the Agreement, “Disability” means the Executive is incapacitated due to physical or mental illness and such incapacity, with or without reasonable accommodation, prevents the Executive from satisfactorily performing the essential functions of the Executive’s job for the Company on a full-time basis for at least ninety (90) days in a calendar year.

  • ILLNESS AND DISABILITY At the beginning of each school year each teacher shall be credited with ten (10) days of leave, the unused portion of which shall accumulate from year to year to one hundred fifty-five (155) days pro-rated based on the teacher’s regularly scheduled work day/week. The leave days may be taken by a teacher for the following reasons and subject to the following conditions:

  • Death and Disability (a) The Employment Term shall terminate on the date of Employee’s death, in which event the Company shall, within 30 days of the date of death, pay to his estate, Employee’s Base Salary, any unpaid bonus awards (including any bonus award for a plan year that has ended prior to the time employment terminated where the award was scheduled to be paid after the date employment terminated), reimbursable expenses and benefits owing to Employee through the date of Employee’s death together with any benefits payable under any life insurance program in which Employee is a participant. Except as otherwise contemplated by this Agreement, Employee’s estate will not be entitled to any other compensation upon termination of this Agreement pursuant to this subparagraph 8(a). (b) The Employment Term shall terminate upon Employee’s Disability. For purposes of this Agreement, “Disability” shall mean that Employee is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months. For purposes of determining Employee’s Disability, the CEO may rely on a determination by the Social Security Administration that Employee is totally disabled or a determination by the Company’s disability insurance carrier that Employee has satisfied the above definition of Disability. In case of such termination, Employee shall be entitled to receive his Base Salary, any unpaid bonus awards (including any bonus award for a plan year that has ended prior to the time employment terminated where the award was scheduled to be paid after the date employment terminated), reimbursable expenses and benefits owing to Employee through the date of termination within 30 days of the date of the Company’s determination of Employee’s Disability, together with any benefits payable under any disability insurance program in which Employee is a participant. Except as otherwise contemplated by this Agreement, Employee will not be entitled to any other compensation upon termination of his employment pursuant to this subparagraph 8(b).

  • Pregnancy Disability Leave ‌ A. Leave for pregnancy or childbirth related disability is in addition to any leave granted under FMLA or WFLA. B. Pregnancy disability leave will be granted for the period of time that an employee is sick or temporarily disabled because of pregnancy and/or childbirth. An employee must submit a written request for disability leave due to pregnancy and/or childbirth in accordance with agency policy. An employee may be required to submit medical certification or verification for the period of the disability. Such leave due to pregnancy and/or childbirth may be a combination of sick leave, vacation leave, personal holiday, compensatory time, exchange time and leave without pay. The combination and use of paid and unpaid leave will be the choice of the employee.

  • For death and disability The Company may also terminate the Employment, at any time, without notice or remuneration (unless notice or remuneration is specifically required by applicable law, in which case notice or remuneration will be provided in accordance with applicable law), if: (1) the Executive has died, or (2) the Executive has a disability which shall mean a physical or mental impairment which, as reasonably determined by the Board, renders the Executive unable to perform the essential functions of his employment with the Company, with or without reasonable accommodation, for more than 120 days in any 12-month period, unless a longer period is required by applicable law, in which case that longer period would apply. Upon termination for death or disability, the Executive shall be entitled to the amount of base salary earned and not paid prior to termination. However, the Executive will not be entitled to receive payment of any severance benefits or other amounts by reason of the termination, and the Executive’s right to all other benefits will terminate, except as required by any applicable law.

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