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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