Database Search Result Details
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First Name
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RAYMOND
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Last Name
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OLIVERIO
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Decision Date
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4/26/1990
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Docket Number
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89-DHS-154
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ALJ
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SK
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Respondent
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DEPARTMENT OF HUMAN SERVICES AND DIVISION OF PERSONNEL
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Employment Type
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STATE
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Job Title
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Topics
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MILITARY LEAVE
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Primary Issues
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How such leave is calculated
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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15-1F-1
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Related Cases
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Keywords
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MILITARY LEAVE
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Intermediate Court of Appeals
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Circuit Court
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Respondent DOP appealed to Harrison County, Civil Action #90-C-AP-367-2, Affirmed 16/16/91 with costs and attorney fees awarded
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Supreme Court
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Synopsis
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Grievant alleged violation of W. Va. Code 15-1F-1; Department applied Personnel's Regulation, 16.10 which provides all days of reserve duty, including weekends, be counted as military leave. Personnel's interpretation of W. Va. Code 15-1F-1, is that employees are entitled to thirty calendar days of military leave per calendar year, correct under W.Va. Code 2-2-4, which states the word 'month' means calendar month and 'year' alone equal to 'year of our Lord.' DECISION: GRANTED to the extent that military leave be applied only to working days and this calculation be applied to the grievant effective fifteen working days prior to the instigation grievance process in January 1989. Military leave of thirty days provided by W.Va. Code 15-1F-1 shall be applied only to business hours or work days on which employee is absent while fulfilling military commitment. DENIED as to the reinstatement of grievant's leave time in April 1988.
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