Database Search Result Details
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First Name
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Beth
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Last Name
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Metz
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Decision Date
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1/24/2022
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Docket Number
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2021-2146-MAPS
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ALJ
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JSF
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Respondent
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Division of Corrections and Rehabilitation/Bureau of Prisons and Jails
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Employment Type
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STATE
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Job Title
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OA III
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Topics
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Leave Reimbursement
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Primary Issues
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Whether Grievant was subjected to discrimination.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(d)
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Related Cases
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Frymier v. Higher Education Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Harris v. Dep’t of Transp., Docket No. 2008-1594-DOT (Dec. 15, 2008)
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Keywords
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Leave Reimbursement; COVID Leave Policy; Discrimination
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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 by the Division of Corrections and Rehabilitation. Under the COVID leave policy, employees who missed work with COVID between April 1, 2020 and December 31, 2020 received COVID leave. When Grievant got COVID in January 2021, COVID leave was no longer available, so she used sick leave. Grievant contends this lack of coverage after December 31, 2020, was discriminatory. Grievant requests her sick leave be returned and changed to COVID leave. Grievant was not similarly situated to those who received COVID leave because it was expired when she got sick. Grievant failed to prove discrimination. Accordingly, the grievance is DENIED.
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