Database Search Result Details

First Name OPAL
Last Name MCGINNIS
Decision Date 12/11/1986
Docket Number 23-86-077
ALJ JR
Respondent LOGAN COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title BUS OPERATOR
Topics MEDICAL LEAVE
Primary Issues Employee on workers' compensation not entitled to holiday pay.
Outcome DENIED
Statutes 18A-5-2, 18A-4-10
Related Cases 341 S.E.2D 685 (WV 1985)
Keywords WORKERS' COMP; HOLIDAY; INACTIVE; PERSONAL LEAVE; MEDICAL
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was medically disabled from November 1981 to August, 1985 and unable to work and did not report for work. All accrued leave had been exhausted prior to filing this grievance. Grievant's claim for pay of holidays, snow days, etc. is denied based on the Supt of Schools opinion that opined that when an employee was:'...(c) medically certified disability yet had used up your personal leave... then you were not entitled to be paid salary.' Grievance denied; Since there was no question that the grievant's absence was for cause, namely medical disability, it is apparent that paragraph (c) of the Supt of Schools opinion is applicable.

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