Database Search Result Details

First Name ANNETTE
Last Name AFTANAS
Decision Date 1/29/1988
Docket Number 05-87-295-3
ALJ NK
Respondent BROOKE COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title SCHOOL BUS OPERATOR
Topics PERSONAL LEAVE
Primary Issues Work Related Injury; Increment Pay
Outcome GRANTED, IN PART; DENIED, IN PART
Statutes 18A-4-10;23-5A-1;5310
Related Cases THOMPSON V. KAN CB; 341 S.E.2D 685 (W.VA. 1985); 256 S.E.2D 592
Keywords INJURY; ACCRUED LEAVE; INJURY
Intermediate Court of Appeals
Circuit Court Grievant appealed to Brooke County Civil Action #88-P-1, Affirmed 4/5/89; Judge Tsapis
Supreme Court
Synopsis G suffered a work-related injury and was off work from February 1987 until the next school year. At the beginning of that year she was not given a yearly pay increment for her employment the prior year and given only ten personal leave days for the year instead of fifteen. CB relied on SBOE Policy 5610 and an advisory by State Super. of Schools requiring the employee to have worked for 133 days to be entitled to the annual pay increment. The annual pay increment was resolved against G on the basis of State Super. decision and Thompson v. Kan CB. The grievance was granted as to the annual leave. She was entitled to the fifteen days of annual leave in the present year despite her absences in the prior year.

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