Morgan County Schools
Bylaws & Policies
 

3431 - PERSONAL LEAVE

At the beginning of the employment term, any full-time employee of the Board of Education shall be entitled annually to at least one and one-half days (1 1/2) personal leave for each employment month or major fraction thereof in the employee's employment term. Unused leave shall be accumulative without limitation and may be transferred within the State. A change in job assignment during the school year shall in no way affect the employee's rights or benefits.

Definitions:

 

A.

Employment month: twenty (20) employment days.

   
 

B.

Full-Time Employee: Any person employed by the Board who has a regular position or job throughout his/her employment term, also known as a Regular Full-Time Employee, working more than three and one-half (3 1/2) hours per day.

   
 

C.

Immediate Family:

   
 

1.

spouse

   
 

2.

sibling

   
 

3.

children

   
 

4.

parent

   
 

5.

any relative living in the same household

   
 

D.

Life Threatening Illness: A physical or mental illness, injury or impairment which involves inpatient care in a hospital, hospice or residential health care facility.

   
 

E.

Personal Leave with Cause: An absence due to an accident, sickness, death in the immediate family, or life threatening illness of the employee's spouse, parents, or child, or other cause authorized or approved by the Board.

   
 

F.

Personal Leave without Cause: An absence taken without regard to the reason.

Personal Use Utilization:

An employee shall qualify to use personal leave and be paid the full salary from his/her regular budgeted salary appropriation during the period which the employee is absent, as follows:

 

A.

Personal Leave with Cause:

   
 

1.

Personal injury due to an accident.

   
 

2.

Personal sickness.

   
 

3.

Death of a spouse, son, daughter, parent, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandmother, grandfather, grandchild, spouse’s grandmother and grandfather, aunt, uncle, nephew, niece, and dependent living in the household of an employee, is limited to a period of three (3) working days. This time period may be extended by the Superintendent for extenuating circumstances.

   
 

4.

Life threatening illness of the employee's spouse, parents, or child.

   
 

B.

Personal Leave without Cause:

   
 

All regular full-time employees shall be permitted to take up to three (3) days of their personal leave days annually, without regard to the cause for the absence, except that personal leave without cause may not be taken on consecutive work days unless authorized or approved by the employee's principal or immediate supervisor. Notice of such leave day shall be given to the employee's principal or immediate supervisor at least twenty-four (24) hours in advance, except that in the case of sudden and unexpected circumstances, such notice shall be given as soon as reasonably practicable. The use of such day may be denied if, at the time notice is given, either fifteen percent (15%) of the employees or three (3) employees, whichever is greater, under the supervision of the principal or immediate supervisor have previously notified the principal or immediate supervisor of their intention to use that day for such leave. Personal Leave without cause shall not be used in connection with a concerted work stoppage or strike.

   
 

A maximum of two (2) Personal Leave without Cause days may be carried over to the next fiscal year for an annual maximum total of five (5) Personal Leave without Cause days. .

   
 

Any employee taking leave in violation of the above stated reasons for granting personal leave shall be subject to disciplinary action up to and including termination.

Eligibility Requirements/Procedures:

All claims for personal leave must be in writing on the form(s) provided by the employer, signed by the employee, and submitted immediately upon return to work and presented to the employee's immediate supervisor for approval.

 

A.

When personal leave is a result of pregnancy, the employee shall be required to furnish the Superintendent's Office with a written statement by the employee's attending physician indicating the period during which the employee is unable to perform the duties of employment.

   
 

B.

A physician's written verification is required to be supplied by the employee to the employee's immediate supervisor after three (3) consecutive days of absence.

     
 

C.

The Board reserves the right at any time to have a physician of its choice to examine a personal leave claimant at the Board's expense.

   
 

D.

If an employee should use personal leave which the employee has not yet accumulated on a monthly basis and subsequently leave the employment, the employee shall be required to reimburse the Board for the salary or wages paid to him/her for such unaccumulated leave.

   
 

E.

If any error in reporting absences should occur, the Board shall have authority to make necessary salary adjustments in the next pay after the employee has returned to duty or in the final pay if the absence should occur during the last month of the employment term.

   
 

F.

If an employee is awarded workers' compensation benefits, such employee shall receive personal leave compensation only to the extent such compensation is required, when added to the workers' compensation benefit, to equal the amount of compensation regularly paid such employee. If personal leave compensation equal to the employee's regular pay is paid prior to the award of the workers' compensation benefit, such amount which, when added to the benefit, is in excess of the employee's regular pay shall be deducted from the employee's subsequent pay. The employee's accrued personal leave days shall be charged only for such days as equal the amount of personal leave compensation required to compensate the employee at the employee's regular rate of pay.

Johnson v. Ritchie County Bd. Of Edu., Docket No. 01-43-509, Jan 15, 2002
WV Code 18-1-1
WV Code 18A-2-2a
WV Code 18A-4-10
WV Code 18A-7-8