Database Search Result Details
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First Name
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S.
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Last Name
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A.
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Decision Date
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2/3/2022
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Docket Number
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2022-0146-DHHR
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ALJ
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WBM
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Respondent
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Department of Health and Human Resources
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Employment Type
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STATE
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Job Title
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Economic Service Worker
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent had good cause to terminate Grievant’s employment.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1- 14.8.c.1; W. Va. Code St. R. § 143-1- 14.8 a; W. Va. Code St. R. § 143-1- 14.8.d.3; W. Va. Code § 29-6-27
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Related Cases
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Leichliter v. W. Va. Dep’t of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993)
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Keywords
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Termination; Medical Leave of Absence; Personal Leave of Absence; Return to Work
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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 was a successful and valued employee who is liked and respected by her coworkers. She became extremely ill and was not able to work. Respondent’s agents helped Grievant utilized all the leave she had accumulated as well as unpaid leave under the Family and Medical Leave Act. Grievant’s medical condition took a severe turn for the worse rendering her unable to return to work. Respondent’s agents helped Grievant apply for and receive unpaid personal leaves of absence while she struggled with her medical issues. Additionally, many employees donated leave so Grievant could receive pay while she was on unpaid leave.
Ultimately, Respondent sent a letter to Grievant advising her that her leave had expired on an earlier date and asked if she intended to return to work. Respondent set a date for Grievant to return to work or she would be dismissed. Grievant was unable to return to work and her employment was terminated. Grievant argues that Respondent’s agents had helped her navigate her leave applications throughout the process but stopped assisting her when a decision was made to dismiss her. She was not specifically notified that she was out of leave nor that she could apply for another discretional leave of absence. Respondent provided Grievant with all the leave opportunities to which she was entitled. Grievant notes that she had donated leave available at the time she was dismissed and should have been paid until that leave ran out. However, the eligibility for donated leave payments ends when an employee is no longer employed.
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