Database Search Result Details
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First Name
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Barbara
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Last Name
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Keesler
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Decision Date
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2/23/2018
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Docket Number
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2016-1276-DHHR
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Licensed Practical Nurse
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Topics
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Leave
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Primary Issues
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Whether Grievant demonstrated that Respondent violated Division of Personnel’s Rule relating to annual leave.
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Outcome
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Granted
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Statutes
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W. Va. Code St. R. § 143-1-14.3.c
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Related Cases
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Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-88-130 (Aug. 19, 1988); Petry v. Kanawha County Bd. of Educ., Docket No. 96-20-380 (Mar. 18, 1997); Nottingham v. Div. of Corrections, Docket No. 02-CORR-141 (Sept. 22, 2002)
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Keywords
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Annual Leave; Unauthorized Leave; Rule; Policy
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant is employed at Sharpe Hospital as a Licensed Practical Nurse. During a work week at issue in this case Grievant was short of a required forty-hour week. The record established that without Grievant’s request or submission of a leave form to cover for this short amount of time, Grievant’s supervisor filed out an annual leave request form on her behalf. Grievant established by preponderance of the evidence that this was a clear violation of the Division of Personnel’s Rules relating to annual leave. Respondent is ordered to return this amount of leave to Grievant’s annual leave balance. Grievant is ordered to reimburse Respondent for that amount of time she was paid during which no work was performed.
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