Teacher Incapacity Sample Clauses

Teacher Incapacity. A. Whenever the Board claims that a bargaining unit member is physically or mentally incapable of performing his/her normal responsibilities, it shall notify the Association and the affected bargaining unit member in writing. Said notice shall specify the reason(s) for the alleged incapacity and, further, shall request the appointment of appropriate medical personnel to examine the teacher. 1. The Board, the Association, and the bargaining unit member each shall be entitled to appoint a doctor as specified in Sections 2 and 3, below, to conduct the appropriate examination(s). 2. Should the Board claim that the bargaining unit member’s incapacity is due to physical reasons, the parties’ appointees shall be licensed in the State of Michigan as either Medical Doctors, or Doctors of Osteopathic Medicine. 3. Should the Board claim that the bargaining unit member’s incapacity is due to mental reasons, the parties’ appointees shall be licensed in the State of Michigan as Clinical Psychologists, Medical Doctors, or Doctors of Osteopathic Medicine. 4. Each of the parties shall notify the others of its appointee in writing within fourteen (14) calendar days of receipt of the Board’s written request as referenced in Section A, above. 5. Once written notice of the appointee(s) has been served upon the other parties, the appointees shall not be changed without mutual consent among all three (3) parties except as may be necessary due to death, incapacity, legal restrictions or an appointee’s refusal to serve. 6. The bargaining unit member shall arrange for an examination and a written medical evaluation by each of the appointees within twenty (20) business days of the Board’s initial request as referenced in Section A, above, or as soon thereafter as possible. 7. The appointees’ examinations and written medical evaluations shall be conducted and completed independently of one another. 8. Each of the parties shall provide the others with a copy of the written report submitted by its appointee within (5) calendar days of receipt of the same. 9. Upon receipt of the written reports of all of the appointees, the Board shall, within fourteen (14) school days, determine the bargaining unit member’s status. 10. Should the Board determine that the bargaining unit member is incapacitated, it shall notify the Association and the bargaining unit member in writing. Said notice shall specify the reasons for such a determination and, further, shall specify the commencement of a leave ...
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Teacher Incapacity. A. Whenever the Board claims a teacher is physically or mentally incapable of performing classroom teaching duties, it shall notify the teacher and Association, in writing, of its claim and the specific basis for its claim. The Board shall obtain, at its expense, an opinion from a qualified physician, psychologist, or psychiatrist addressing whether the teacher can perform the essential functions of his/her position. In the alternative, the Board may accept the opinion of the teacher's physician. The Board and teacher shall cooperate in promptly scheduling medical appointments and sharing information. B. The Board’s decision determining a teacher to be incapable of performing classroom teaching duties is final, and not subject to the grievance procedure if it is consistent with the written findings of the physician, psychologist, or psychiatrist. If the Board’s decision is not consistent with the written findings of the teacher’s physician, psychologist, or psychiatrist, the Board’s decision C. Provided that the teacher is capable of performing the essential functions of his/her job, the teacher shall be assigned to a bargaining unit position, if available, for which he/she is certified and qualified, with no loss of benefits at the end of the period of incapacity specified by the Board in its determination of incapacity. A teacher who is physically or mentally incapable of performing the essential functions of his/her job shall be granted a leave of absence in accordance with Article 9.A. D. At any time after thirty (30) days during the period of incapacity, the teacher or Association, or both, may present in writing evidence, medical or otherwise, and request that the incapacity found by the Board be deemed ended and the teacher restored to regular and normal teaching duties at the regular salary then applicable. The Board’s decision in refusing to restore the teacher to normal teaching duties shall be in writing. E. While the Board is obtaining an opinion from a physician, psychologist, or psychiatrist pursuant to Section A of this Article, the Board shall have the right to remove or reassign the teacher from the classroom, provided that the teacher is compensated at his/her regular salary during such removal or reassignment.
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Related to Teacher Incapacity

  • Incapacity If a Limited Partner is subject to Incapacity, the executor, administrator, trustee, committee, guardian, conservator or receiver of such Limited Partner’s estate shall have all the rights of a Limited Partner, but not more rights than those enjoyed by other Limited Partners, for the purpose of settling or managing the estate, and such power as the Incapacitated Limited Partner possessed to Transfer all or any part of its interest in the Partnership. The Incapacity of a Limited Partner, in and of itself, shall not dissolve or terminate the Partnership.

  • Death or Incapacity If the Executive’s employment is terminated by reason of the Executive’s death or Incapacity during the Employment Period, this Agreement shall terminate without further obligations to the Executive’s legal representatives under this Agreement, other than for (i) timely payment of Accrued Obligations in a lump sum in cash within 30 days after the Date of Termination and (ii) provision by the Company of death benefits or disability benefits for termination due to death or Incapacity, respectively, in accordance with Section 3(b)(iii) as in effect at the Operative Date or, if more favorable to the Executive, at the Executive’s Date of Termination.

  • Incompetency Inefficiency.

  • Termination in General If Executive’s employment with the Company terminates for any reason, the Company will pay or provide to Executive: (i) any unpaid Salary through the date of employment termination, (ii) any unpaid Annual Bonus for the fiscal year prior to the fiscal year in which the termination occurs (payable at the time the bonuses are paid to employees generally), (iii) any accrued but unused vacation or paid time off in accordance with the Company’s policy, (iv) reimbursement for any unreimbursed business expenses incurred through the termination date, to the extent reimbursable in accordance with Section 3, and (v) all other payments or benefits (if any) to which Executive is entitled under the terms of any benefit plan or arrangement.

  • 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.

  • Termination Upon Death or Permanent Disability This Agreement shall be automatically terminated on the death of Executive or on the permanent disability of Executive if Executive is no longer able to perform in all material respects the usual and customary duties of Executive’s employment hereunder. For purposes hereof, any condition which in reasonable likelihood is expected to impair Executive’s ability to materially perform Executive’s duties hereunder for a period of three months or more shall be considered to be permanent.

  • Competency Competency at this level involves application of knowledge and skills to a range of tasks and roles. There is a defined range of contexts where the choice of actions required is clear. There is limited complexity of choice of actions required. On occasion, more complex tasks may be performed.

  • 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.

  • Incompetence Willful misconduct;

  • Death, Incompetency, or Bankruptcy of Member On the death, adjudicated incompetence, or bankruptcy of a Member, unless the Company exercises its rights under Section 8.5, the successor in interest to the Member (whether an estate, bankruptcy trustee, or otherwise) will receive only the economic right to receive distributions whenever made by the Company and the Member's allocable share of taxable income, gain, loss, deduction, and credit (the "Economic Rights") unless and until a majority of the other Members determined on a per capita basis admit the transferee as a fully substituted Member in accordance with the provisions of Section 8.3. 8.4.1 Any transfer of Economic Rights pursuant to Section 8.4 will not include any right to participate in management of the Company, including any right to vote, consent to, and will not include any right to information on the Company or its operations or financial condition. Following any transfer of only the Economic Rights of a Member's Interest in the Company, the transferring Member's power and right to vote or consent to any matter submitted to the Members will be eliminated, and the Ownership Interests of the remaining Members, for purposes only of such votes, consents, and participation in management, will be proportionately increased until such time, if any, as the transferee of the Economic Rights becomes a fully substituted Member.

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