Database Search Result Details

First Name Stacy
Last Name Butcher
Decision Date 4/26/2023
Docket Number 2023-0345-MrnED
ALJ JSF
Respondent Marion County Board Education
Employment Type CB-Service
Job Title Custodian
Topics Unpaid leave, Dismissal
Primary Issues Whether the Grievant proved she was entitled to more unpaid leave or that her dismissal was unlawful or unreasonable.
Outcome Denied
Statutes West Virginia Code 18A-2-8(b); West Virginia Code § 18A-2-8(a); W. VA.Code ST. R. 156-1-3
Related Cases Parham v. Raleigh County Bd. of Educ., 192 W. Va. 540, 453 S.E.2d 374 (1994); Syl. Pt. 3, Beverlin v. Bd. of Educ., 158 W. Va. 1067, 216 S.E.2d 554 (1975); Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); Jordan v. Mason County Bd. of Educ., Docket No. 99-26-080 (July 6, 1999); Scott v. Wetzel County Bd. of Educ., Docket No. 06-52-289 (Jan. 3, 2007); Butts v. Higher Educ. Interim Governing Bd./Shepherd Coll., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002) (per curiam); Sexton v. Marshall Univ., Docket No. BOR2-88-029-4 (May 25, 1988), aff’d, Sexton v. Marshall University, 182 W. Va. 294, 387 S.E.2d 529 (1989); Adkins v. Cabell County Bd. of Educ., Docket No. 89-06-656 (May 23, 1990); Tolliver v. Monroe County Bd. of Educ., Docket No. 01-31-493 (Dec. 26, 2001); Williams v. Cabell County Bd. of Educ., Docket No. 95-06-325 (Oct. 31, 1996); 1996); Jones v. Mingo County Bd. of Educ., Docket No. 95-29-151 (Aug. 24, 1995); Hoover v. Lewis County Bd. of Educ., Docket No.93-21-427 (Feb. 24, 1994); Bd. of Educ. of the County of Gilmer v. Chaddock, 183 W.Va. 638, 640, 398 S.E.2d 120, 122 (1990); Bierer v. Jefferson County Bd. of Educ., Docket No. 2008-1570-CabED (Oct. 31, 2008) ; Waggoner v. Cabell County Bd. of Educ., Docket No. 2008-1570-CabED (Oct. 31, 2008); Maxey v. McDowell County Bd. of Educ., 212 W. Va. 668, 575 S.E.2d 278 (2002); Mason County Bd. of Educ. v. State Superintendent of Sch., 165 W. Va. 732, 274 S.E.2d 435 (1980); McDaniel v. Div. of Highways, Docket No. 2017-1404-CONS (June 30, 2017); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996) (citing Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997).
Keywords Unpaid Leave, Dismissal, Unauthorized Absense
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed as a custodian by Respondent, Marion County Board of Education. After becoming seriously ill, Grievant was placed on unpaid leave. This leave was extended multiple times over 21 months before a new superintendent refused to extend unpaid leaves of absence beyond a year. In conjunction with amended policy, Respondent then provided Grievant unpaid leave for another twelve weeks. Subsequently, Grievant did not show up to work for another nine months,rendering her absence unauthorized. Whereupon Respondent dismissed Grievant. Grievant contends that Code and policy mandate that Respondent again extend her leave of absence and that her absence from work was not a valid reason for dismissal. Grievant did not prove she was entitled to more unpaid leave or that her dismissal was unlawful or unreasonable. Accordingly, this grievance is DENIED.

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