Database Search Result Details
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First Name
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Debbie
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Last Name
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McGinnis
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Decision Date
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2/25/2020
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Docket Number
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2019-1200-DEP
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ALJ
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WBM
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Respondent
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Department of Environmental Protection/Business and Technology Office
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Employment Type
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STATE
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Job Title
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Program Analyst 4
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Topics
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Sick Leave
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Primary Issues
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Whether Grievant that the requirement that she take sick leave when she was ill violated policy.
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Outcome
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Denied
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Statutes
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Related Cases
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State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001); Butler v. Dep’t of Health & Human Res., Docket No. 2014-0539-DHHR (Mar. 16, 2015)
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Keywords
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Sick Leave; Policy; Arbitrary and Capricious
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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 has a medical condition which causes her to have sever swelling when standing on a concrete surface for extended periods of time. Respondent has accommodated Grievant by allowing her to perform the majority of her work from home. Occasionally Grievant is required to come into the office for specific meetings. On Tuesday, February 26, 2019, Grievant sent a doctor excuse to her supervisor stating that she was unable to come to work from February 25, 2019, through March 3, 2019, because she had an upper respiratory infection and was very contagious. She informed her supervisor that she was not going to be able to attend specific meetings at the office that week. Her supervisor told her that she needed to take sick leave for the period specified by the doctor. Grievant did not believe she should have to take leave because she could work from home and attend the meetings remotely even though she was ill. Respondent proved that it was not unreasonable nor arbitrary and capricious to require Grievant to take sick leave for the days her doctor advised her not to go to work.
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