Database Search Result Details
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First Name
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CAROL
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Last Name
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THOMAS
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Decision Date
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10/18/1988
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Docket Number
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03-88-087
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ALJ
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JW
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Respondent
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BOONE COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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SECRETARY
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Topics
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COMPENSATION
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Primary Issues
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Compensation for personal leave days and holidays until personal leave days are exhausted
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Outcome
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GRANTED
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Statutes
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18A-4-10, 18A-5-2
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Related Cases
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AFTANAS V. BROOKE CBOE
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Keywords
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LEAVE; INJURY; HOLIDAY
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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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Due to the recurrence of a work-related injury, grievant was not able to work during the 87-88 school term. In November, 1987, the Board stopped paying grievant for holidays and stopped crediting her with accumulation of personal leave. Grievance granted; W.Va. Code 18A-4-10 contains no language which would operate to preclude employees receiving Workers' Comp benefits from receiving personal leave days. Certainly such employees fall within the category of 'a regular full-time employee who is absent from assigned duties due to the accident'. Those employees clearly continue to accrue personal leave days although their leaves of absence obviously require the use of and compensation for the leave. An employee who remains under contract with a CBOE is entitled to his or her personal leave days granted by statute. The controlling factor in 'Aftanas' was the continuation of the employee's contract during the term of her disability. If a CBOE elects to compensate an employee for personal leave days on a monthly basis, it must also compensate that employee for holidays on a monthly basis until his or her personal leave days have been exhausted.
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