Return from Disability Sample Clauses

Return from Disability. If and to the extent the Executive recovers from any such Disability, Executive will resume Executive’s duties and responsibilities hereunder partially or fully to the extent of Executive’s recovery, and the term of the Executive’s employment under this Agreement shall be reinstated as if the Executive’s employment had not been terminated pursuant to Section 5(a) of this Agreement.
Sample 1Sample 2Sample 3See All (20)
AutoNDA by SimpleDocs
Return from Disability. An employee who has been absent due to illness but does not qualify for Long Term Disability or who has been on Long Term Disability following sick leave, but who ceases to qualify for Long Term Disability benefits, and cannot return to work in the employee=s former position: (a) For medical reasons; or (b) Because the employee is no longer qualified for their former position; or (c) Because the former position has been filled in accordance with Clause 12.2 of the Collective Agreement; or (d) Because it has been determined that the position is no longer required; Shall be subject to the following provisions: (e) The employee shall receive fifteen (15) working days written notice (without pay) of lay off. (f) A meeting will be arranged with the employee, a Union representative and a representative of the Human Resource Services to review the appropriate provisions of the Collective Agreement. (g) During the fifteen (15) working day notice period referred to in (e) above, the employee shall be treated in accordance with the procedures outlined in Clause 12.14.4 of the Collective Agreement, (i.e. placement in a vacant position or exercise seniority for a position) provided that the employee is qualified and physically capable of performing the work of such position. (h) The employee, within five (5) working days of the meeting referred to in (f) herein, shall respond in writing to the Human Resource Services as to whether the employee wishes to exercise their seniority.
Sample 1Sample 2
Return from Disability. 12.9.1 An employee who has been absent due to illness for 180 calendar days but does not qualify for Long Term Disability or who has been on Long Term Disability, but who ceases to qualify for Long Term Disability benefits, and cannot return to work in the employee’s former position: (a) Because the employee is no longer qualified for their former position; or (b) Because the former position has been filled in accordance with Clause (c) Because it has been determined that the position is no longer required; (d) The employee shall receive fifteen (15) working days written notice (without pay) of lay off.‌ (e) A meeting will be arranged with the employee, a Union representative and a representative of the Human Resource Services to review the appropriate provisions of the Collective Agreement.‌ (f) During the fifteen (15) working day notice period referred to in 12.9.1(d) above, the employee shall be treated in accordance with the procedures outlined in Clause 12.13.4 of the Collective Agreement, (i.e. placement in a vacant position or exercise seniority for a position) provided that the employee is qualified and physically capable of performing the work of such position. (g) The employee, within five (5) working days of the meeting referred to in 12.9.1(e) herein, shall respond in writing to the Human Resource Services as to whether the employee wishes to exercise their seniority. 12.9.2 An employee who has been absent due to illness for 180 calendar days but does not qualify for Long Term Disability or who has been on Long Term Disability following sick leave, but who ceases to qualify for Long Term Disability benefits, and cannot return to work in the employee’s former position because they are unable to perform the essential duties of the position for medical reasons, then the employee shall be subject to the following provisions: (a) The employee shall receive fifteen (15) working days written notice (without pay) of lay off.‌ (b) A meeting will be arranged with the employee, a Union representative, a representative of Human Resources to review the appropriate provisions of the Collective Agreement. The Disability Case Coordinator or Occupational Health and Safety Consultant will also attend to discuss potential accommodations if medical information has been provided supporting that the employee is fit to return to work with restrictions.‌ (c) During the fifteen (15) working day notice period referred to in 12.9.2(a) above, the employee shall be treated...
Sample 1
Return from Disability. An employee who has been on disability following sick leave and cannot return to work in his/her former position but is able to return to a less demanding position shall be given preference for such a vacancy if the employee is qualified. When such an appointment is made the Union shall be notified. The Employer may, by agreement with the Union forego posting a position under this Clause if the position is to be filled by a displaced employee.
Sample 1
Return from Disability. ‌ 1. An employee who is returned from disability, if physically able, shall replace the least senior 2. The decision of the Medical Department on any question of any employee's physical ability to perform his work assignment shall be followed and reassignment considered. If the decision adversely affects the employee's status, the Company doctor xxxx, at the request of the employee, advise the employee's doctor, relative to the basis for the medical decision, the employee’s status as a qualified employee with an ADA covered disability and the availability of a reasonable accommodation which would enable the employee to perform the essential functions of the job. If job removal is determined, he shall be permitted to exercise his seniority privileges in accordance with the procedure for decrease in work force to a job for which he is qualified.
Sample 1
Return from Disability. ‌ 20.01 The Company and the Union recognize that every injured or ill employee returning to work or accommodation is considered to be a valuable component to the ongoing success of the Company. It is understood that the returning employee, the Union and the Company will work proactively to ensure a successful return to work which could include a permanent or temporary accommodation. 20.02 Flight Attendants shall be returned to work at the appropriate time following an injury or illness if the employee is capable of performing the essential duties of the pre- injury/illness job or any other accommodated work that they may be capable of performing with reasonable additional training provided by the Company. 20.03 The Parties recognize their duty to accommodate an ill or injured Flight Attendant in accordance with their restrictions and limitations in order to facilitate a safe return to work to the Flight Attendant‟s pre-injury job or when required on a temporary basis other suitable and available work that is meaningful and productive as per Article11.02.04 20.04 At no time will a Flight Attendant on a temporary return to work accommodation perform duties that may result in discipline to a member of any unionized group. 20.05 Health care benefits, while a Flight Attendant is on a compensable claim from the applicable Provincial Worker‟s Compensation Board, short-term or long-term disability claim will continue to the level provided to active Flight Attendants provided said Flight Attendant has elected to continue their health care benefits while on leave. 20.06 Pending the payment of Provincial Worker‟s Compensation Board (WCB) benefits, an employee absent from work due to an injury or illness that may be the subject of the WCB claim but is denied, will be eligible to file a claim under the Short-term Disability Program provided that they have filed a WCB appeal for denied benefits. In the event that the claim is approved by the WCB, it is understood that the Flight Attendant will be required to reimburse any payments made through the short-term disability program in accordance with the plan policy. 20.07 It is understood that where a Flight Attendant is on an approved disability claim and where it is determined that they are able to perform alternate work in accordance with their restrictions and limitations they are obligated to do so. If no accommodation is immediately achieved and where the Flight Attendant continues to be eligible for disability in acc...
Sample 1
Return from Disability. 12.9.1 An employee who has been absent due to illness for 180 calendar days but does not qualify for Long Term Disability or who has been on Long Term Disability, but who ceases to qualify for Long Term Disability benefits, and cannot return to work in the employee’s former position: (a) Because the employee is no longer qualified for their former position; or (b) Because the former position has been filled in accordance with Clause 12.2 of the Collective Agreement; or (c) Because it has been determined that the position is no longer required; Then the employee shall be subject to the following provisions: (d) The employee shall receive fifteen (15) working days written notice (without pay) of lay off. (e) A meeting will be arranged with the employee, a Union representative and a representative of the Human Resource Services to review the appropriate provisions of the Collective Agreement. (f) During the fifteen (15) working day notice period referred to in 12.9.1(d) above, the employee shall be treated in accordance with the procedures outlined in Clause
Sample 1
AutoNDA by SimpleDocs
Return from Disability. 1. An employee who is returned from disability, if physically able, shall replace the least senior employee on the job held at the time of commencement of the disability, seniority permitting. Otherwise, the employee will be placed in accordance with reduction in work force procedures. 2. The decision of the Medical Department on any question of any employee's physical ability to perform his work assignment shall be followed and reassignment considered. If the decision adversely affects the employee's status, the Company doctor will, at the request of the employee, advise the employee's doctor, relative to the basis for the medical decision, the employee’s status as a qualified employee with
Sample 1

Related to Return from Disability

  • 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.

  • Disability Retirement If, as a result of your incapacity due to physical or mental illness, You shall have been absent from the full-time performance of your duties with the Company for 6 consecutive months, and within 30 days after written notice of termination is given You shall not have returned to the full-time performance of your duties, your employment may be terminated for "Disability." Termination of your employment by the Company or You due to your "Retirement" shall mean termination in accordance with the Company's retirement policy, including early retirement, generally applicable to its salaried employees or in accordance with any retirement arrangement established with your consent with respect to You.

  • 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.

  • Death, Retirement or Disability Executive’s employment shall terminate automatically upon Executive’s death or Retirement during the Employment Period. For purposes of this Agreement, “Retirement” shall mean normal retirement as defined in the Company’s then-current retirement plan, or if there is no such retirement plan, “Retirement” shall mean voluntary termination after age 65 with ten years of service. If the Company determines in good faith that the Disability of Executive has occurred during the Employment Period (pursuant to the definition of Disability set forth below), it may give to Executive written notice of its intention to terminate Executive’s employment. In such event, Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such written notice by Executive (the “Disability Effective Date”), provided that, within the 30 days after such receipt, Executive shall not have returned to full-time performance of Executive’s duties. For purposes of this Agreement, “Disability” shall mean a mental or physical disability as determined by the Board of Directors of the Company in accordance with standards and procedures similar to those under the Company’s employee long-term disability plan, if any. At any time that the Company does not maintain such a long-term disability plan, “Disability” shall mean the inability of Executive, as determined by the Board, to perform the essential functions of his regular duties and responsibilities, with or without reasonable accommodation, due to a medically determinable physical or mental condition which has lasted (or can reasonably be expected to last) for twelve workweeks in any twelve-month period. At the request of Executive or his personal representative, the Board’s determination that the Disability of Executive has occurred shall be certified by two physicians mutually agreed upon by Executive, or his personal representative, and the Company. Failing such independent certification (if so requested by Executive), Executive’s termination shall be deemed a termination by the Company without Cause and not a termination by reason of his Disability.

  • Permanent Disability Permanent Disability" shall mean Employee's physical or mental incapacity to perform his or her usual duties with such condition likely to remain continuously and permanently as determined by Employer.

  • Retirement or Disability If you retire under the terms of any qualified pension plan provided by the Company or one of its subsidiaries, or if you are totally and permanently disabled, the Option may be exercised as to the total number of shares subject to the Option (without regard to the exercise schedule set forth in paragraph 4) at any time within one year after the date of retirement or disability retirement, but not after the Expiration Date.

  • Death or Permanent Disability If Grantee shall die or become permanently disabled while employed by the Company or one of its affiliates, this Option shall expire one (1) year after the date of such death or permanent disability. During such period after death, Grantee's legal representative or representatives, or the person or persons entitled to do so under Grantee's last will and testament or under applicable interstate laws, shall have the right to exercise this Option as to only the number of shares to which Grantee was entitled to purchase on the date of his/her death.

  • Separation from Employment You will, upon separation from employment with the Company and its subsidiaries for any reason (such as termination, resignation, death or disability) (each, a “Separation”), receive such salary and other benefits as have accrued as of the date and time of Separation, and as may otherwise be required by law, as well as such Salary, bonuses and benefits as may be due and owing under this Agreement. Notwithstanding the forgoing, in the event that the Company determines in good faith that your Separation is not considered a “separation from service” under Treasury Regulation § 1.409A-1(h) because (a) you have not separated but have changed status to a part time employee, consultant or independent contractor performing more than 20% of the average level of bona fide services (whether as an employee, consultant or independent contractor) you performed over the immediately preceding 36-month period, or (b) you are continuing employment with another entity that is considered a single entity with the Company (“Employer Group”) under Section 414(b) or (c) of the Internal Revenue Code of 1986, as amended (the “Code”), any Severance Benefits to which you may be entitled under other provisions of this Agreement shall begin immediately when your status changes such that the Company determines that you have “separated from service” under Treasury Regulation § 1.409A-1(h). For this purpose, service performed as an employee or as an independent contractor is counted, except that service as a member of the board of directors of a member of the Employer Group is not counted unless termination benefits under this Agreement are aggregated for purposes of Section 409A of the Code with benefits under any other Employer Group plan or agreement in which you also participate as a director. Notwithstanding any provisions of this Agreement to the contrary, if you are a “specified employee” (within the meaning of Section 409A of the Code and determined pursuant to procedures adopted by the Company) at the time of your separation from service and if any portion of the payments or benefits to be received by you upon separation from service would be considered deferred compensation under Section 409A of the Code, amounts that would otherwise be payable pursuant to this Agreement during the six-month period immediately following your separation from service shall instead be paid or made available, with interest at the Wall Street Journal prime rate as of the date of separation from service, on the earlier of (i) the first business day of the seventh month following the date of your separation from service or (ii) your death.

  • 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.

  • 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.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!