Morgan County Schools
Bylaws & Policies
 

4120.04 - EMPLOYMENT OF SUBSTITUTES

The Board of Education shall employ and the Superintendent, subject to the approval of the Board, shall assign substitute service personnel on the basis of seniority to perform any of the following duties:

 

A.

To fill the temporary absence of another service employee.

 
 

B.

To fill the position of a regular service employee who either requests a leave of absence from the Board in writing and is granted the leave in writing by the Board, or is on workers' compensation and absent.

 
 

If the leave of absence is to extend beyond thirty (30) working days, the Board shall post the position of the absent employee under the procedure set forth in WV Code 18A-4-8b. If a substitute service employee is employed to fill the position of the absent employee and is employed in the position for twenty (20) or more working days, the substitute service person acquires regular employee status with the exception of regular job bidding rights, does not accrue regular seniority, and is accorded all other rights, privileges and benefits pertaining to the position until the regular employee returns to the position or ceases to be employed by the Board.

 
 

The regular or substitute employee who fills a vacancy that is related to a leave of absence or the absence of an employee on worker's compensation in any manner as provided in this policy, upon termination of the leave of absence of the employee, shall be returned to his/her original position or status.

 
 

No service person may be required to request or to take a leave of absence and no service person shall be deprived of any right or privilege of regular employment status for refusal to request or failure to take a leave of absence.

 
 

C.

To perform the service of a service employee who is authorized to be absent from duties without loss of pay.

     
 

D.

To temporarily fill a vacancy in a permanent position caused by severance of employment by the resignation, transfer, retirement, permanent disability, dismissal for cause, or death of the regular service employee who had been assigned to fill the position.

 
 

Within twenty (20) working days from the commencement of the vacancy, the Board shall fill the vacancy under the procedures described in WV Code 18A-4-8b and 18A-2-5, and the person hired to fill the vacancy shall have and shall be accorded all rights, privileges and benefits pertaining to the position.

 
 

E.

To fill the vacancy created by a regular employee's suspension.

 
 

If the suspension is for more than thirty (30) working days, the Board shall post the position of the suspended employee under the provisions of WV Code 18A-4-8b. If a substitute service employee is employed to fill the suspended employee's position, the substitute employee shall acquire regular employee status with the exception of regular employee job-bidding rights, shall not accrue regular seniority, and shall be accorded all rights, privileges and benefits pertaining to the position until the termination by the Board becomes final or the suspended employee is returned to employment.

 
 

If the suspended employee is not returned to his/her job, the Board shall fill the vacancy under the procedures described in WV Code 18A-4-8b, and WV Code 18A-2-5.

 
 

F.

To temporarily fill a vacancy in a newly created position prior to employment of a service personnel on a regular basis under the procedure set forth in WV Code 18A-4-8b.

Service personnel substitutes shall be assigned in the following manner:

 

A.

A substitute with the greatest length of service time, that is, from the date s/he began his/her assigned duties as a substitute in that particular category of employment, shall be given priority in accepting the assignment throughout the period of the regular employee's absence or until the vacancy is filled on a regular basis under the procedures described in WV Code 18A-4-8b.

     
 

B.

All service personnel substitutes shall be employed on a rotating basis according to the length of their service time until each substitute has had an opportunity to perform similar assignments. Employees first placed on the substitute rotation list during a school year shall initially be placed at the bottom of the list. The substitute rotation list shall be re-ordered according to seniority each July 1st.

 
 

C.

If there are regular service employees employed in the same building or working station as the absent employee and who are employed in the same classification category of employment, they shall be first offered the opportunity to fill the position of the absent employee on a rotating and seniority basis with a substitute service employee then filling the regular employee's position. A regular employee assigned to fill the position of an absent employee shall be given the opportunity to hold that position throughout the absence. For purposes of this policy, all regularly employed bus operators are considered to be employed within the same building or working station.

Persons whose names do not already appear on the substitute list for a service personnel category of employment may attain that status only by making application in response to a posted notice of vacancy for that substitute list. The posting process, and the selection of candidates from among the applicants, shall follow the procedures set forth in WV Code 18A-4-8b.

The Superintendent/designee shall assign substitute service personnel in accordance with Section 18A-4-15 of the WV Code. Substitutes shall be called to work by the County computerized calling system except when emergency situations exist.

Substitutes must be readily available to work when called. The Superintendent/designee shall maintain documentation of calls made to each substitute, along with any refusals to accept the work or failure to answer calls for work. If a substitute does not accept work when called, it shall be considered a refusal to work or if/after a substitute fails to answer ten (10) calls during a school year (July 1-June 30), such will be considered willful neglect of duty and the Superintendent shall initiate dismissal proceedings pursuant to Sections 18A-2-8, 18-4-10, and 18A-2-7 of the West Virginia Code. A retiree employed as a substitute shall be exempt.

If the number of refusals to work during a school year (July 1-June 30) reaches five (5) days, the Superintendent/designee shall notify the substitute in writing that if s/he continues to refuse work, measures will be initiated to terminate his/her substitute contract. If the substitute refuses work ten (10) days during a school year (July 1-June 30), such will be considered willful neglect of duty and the Superintendent shall initiate dismissal proceedings pursuant to Sections 18A-2-8, 18A-4-10, and 18A-2-7 of the West Virginia Code. A retiree employed as a substitute is exempt.

A substitute may be excused from accepting work for a maximum of ten (10) days during a school year (July 1-June 30) because of personal illness, illness in the immediate family, death in the immediate family as defined in Morgan County Board of Education Policy or jury duty. Additional days for illness may be excused beyond the ten (10) by the Superintendent/designee if the substitute provides written verification from a physician. A substitute may also be temporarily excused from accepting work for a maximum of twenty (20) days during a school year (July 1-June 30) if s/he makes a written request to the Superintendent/designee at least ten (10) days in advance.

The salary of a substitute service employee shall be based upon his/her years of employment as defined in WV Code 18A-4-8 and as provided in the State minimum pay scale set forth in WV Code 18A-4-8a and shall be in accordance with the salary schedule of persons regularly employed in the same position in the county in which s/he is employed.

Before any substitute service employee enters upon his/her duties, s/he shall execute with the County Board a written contract as provided in WV Code 18A-2-5.

To establish a uniform system of providing a fair and equitable opportunity for substitutes to enter upon their duties for the first time, the following method shall be used: The initial order of assigning newly employed substitutes shall be determined by a random selection system established by the affected substitute employees and approved by the Board. This initial priority order shall be in effect only until the substitute service personnel have entered upon their duties for the first time.

Long-term substitute means a substitute employee who fills a vacant position that the Superintendent expects to extend for a least thirty (30) consecutive days, and is either:

 

A.

listed in the job posting as a long-term substitute position of over thirty (30) days; or

     
 

B.

listed in a job posting as a regular, full-time position and:

     
 

1.

is not filled by a regular, full-time employee; and

     
 

2.

is filled by a substitute employee.

For the purposes of eligibility for PEIA benefits, a long-term substitute does not include a retired employee hired to fill the vacant position.

Substitute service employees who have worked thirty (30) days for a school system shall have all rights pertaining to suspension, dismissal and contract renewal as are granted to regular service personnel in WV Code 18A-2-6, 18A-2-7, 18A-2-8 and WV Code 18A-2-8a. A substitute employee who has not worked a total of thirty (30) days may be dismissed at the sole discretion of the Superintendent, with or without cause. Any substitute employee dismissed by the Superintendent shall be notified of his/her dismissal in writing.

The Board will not employ as a substitute service employee the unemancipated child or a dependent (IRS criteria) of the Superintendent or any Board member. Otherwise, the Board may employee a member's or the Superintendent's relatives, including his/her parent or parent-in-law, brother or sister, brother-in-law or sister-in-law, child, son-in-law or daughter-in-law, grandparent, or grandchild. When any such relative of a Board member is employed as a substitute service employee, the related Board member shall not participate in any way in the discussion or vote on the employment, and the Board member shall leave the Board meeting during the discussion and vote. When any such relative of the Superintendent is employed as a substitute service employee, the Superintendent shall not participate in any way in the discussion on the employment. Thereafter, the Board member may not vote on a personnel matter involving his/her relative unless the matter affects the Board member's relative as a member of a profession or occupation, or as a member of a class of at least five (5) persons.

Any person who intentionally misstates facts material to his/her qualifications for employment as a substitute service employee or the determination of salary shall be subject to dismissal by the Board.

Service personnel shall be employed to fill long-term substitute assignments in accordance with WV Code 18A-4-15. The substitute shall, subject to the provisions of this code, hold regular employee status and be accorded all rights, benefits, and privileges pertaining to the position until such time that the regular employee returns to the position, the position is abolished, or the position is posted and filled pursuant to WV Code 18A-4-8b.

A substitute service employee may file a grievance but is considered an employee only on matters related to days worked or when there is a violation, misapplication or misinterpretation of a statute, policy, rule or written agreement relating to such substitute.

Substitute service personnel shall be evaluated in accordance with State and local policies.

Substitutes shall have complied with the tuberculosis examination required by law.

WV Code 18A-4-15
WV Code 6C-2-2(d)

Revised 8/3/10