pittsburgh ballet theatre, inc. - American Guild of Musical Artists

(f) Notwithstanding any provision contained in this paragraph, the Employer agreesthat where the cause of the Artist’s absence is any injury or illness received during the course ofany performance or rehearsal, s/he shall be entitled to sick leave (whether separate or partly orwholly continuous) with full pay for not less than twenty-one (21) days during the term of thiscontract, inclusive of the twenty-one (21) days provided under subparagraph 42(a).(g) In the event that the Employer is required to comply with any law providing fornon-work-related disability payments, the amount of weekly disability pay provided in thisparagraph shall be reduced by such amount.(h) Upon application to the Employer, a female Artist shall be excused for not lessthan one (1) full day during her menstrual period, which day shall be other than during the FreeDay of the Artist and shall be in addition thereto, and the said day shall not be deemed sickleave, but shall be entirely separate and apart from, and in addition to, the sick leave providedabove.(i) The Employer will not raise as a defense or in mitigation of recovery by theArtist, with reference to any claim s/he may have under workers’ compensation law, or fornegligence or otherwise, any provision of this paragraph.43. FUNERAL LEAVEIn the event of the death of an Artist’s spouse, child/stepchild or their spouse,parent/stepparent/parent-in-law, sibling or grandparent, the Artist will be granted a paid leave ofabsence for up to three (3) consecutive working days (not counting intervening Company freedays) when necessary to attend the funeral. In special circumstances, additional unpaid leavemay be granted.44. FORCE MAJEUREIt is agreed that if the Employer cannot perform because of fire, accident, strikes, riot, actof God, war, the public enemy or for any other cause of the same general class which could notbe reasonably anticipated or prevented, then the Employer shall notify the Artist thereof, inwriting, and the Artist shall not be entitled to any individual contractual compensation for thetime during which said services shall not, for such reason or reasons, be rendered. Should any ofthe foregoing conditions continue for a period of ten (10) days or more after such notice to theArtist, either party, in writing, may terminate his/her contract and the Employer will pay for allservices to date, and transportation back to the City of Origination, in the event the Company isout of town at the time. The term “war” shall not include a war in which the United States ofAmerica is not a party, unless such a war between the foreign governments affects the UnitedStates of America in such a way as to make the execution of this contract impossible orunfeasible. Should the Employer invoke the provisions of this paragraph because of the “war,”the Employer agrees to give the Artist and AGMA at least two (2) weeks’ prior written noticethereof, and in such case, this paragraph shall apply only upon the expiration of such noticeperiod. Whether or not the contract is terminated by either patty, the Employer shall pay to theArtist the per diem rate for any day which the Artist did not receive his/her individualcontractual compensation, but for not more than the period of ten (10) days as set forth above.37