Database Search Result Details

First Name REX
Last Name TONEY
Decision Date 11/29/1988
Docket Number 22-88-005-1
ALJ DC
Respondent LINCOLN COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title BUS OPERATOR
Topics PAY; HOLIDAYS; SNOW DAYS
Primary Issues Payment of holidays; Snow days; OSE; while on workers' compensation and having accrued sufficient personal leave.
Outcome GRANTED AS TO PAYMENT OF HOLIDAYS, ETC WHILE HAVING PERSONAL LEAVE TO HIS CREDIT
Statutes 18A-4-5b; 18A-4-10; 18A-5-2
Related Cases MCCLURE V. KANAWHA; AFTANAS V. BROOKE, THOMAS V. BOONE
Keywords LEAVE; HOLIDAYS; COMPENSATION
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was injured on-the-job on two occasions and during these period collected workers' compensation benefits. While off work, grievant was paid for four holidays (Memorial Day, 1984, Labor Day 1984 and Memorial Day, 1985 and Labor day 1985) but not for snow or OSE days. The State Supt of Schools issued an Opinion that a county BOE's employees who are off work due to illness, have exhausted personal leave reserves and are not on leave of absence, should not be paid for holiday or OSE days. Grievance granted insofar as Res is order to pay Grievant for all holidays, snow days and OSE days occurring during times he was off work due to injury and while he still had accrued personal leave to his credit. Grievance denied for payment of holidays, snow days and OSE days occurring during any periods when he was without accrued personal leave.

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