Morgan County Schools
Bylaws & Policies
 

4255 - DUTY FREE LUNCH

Every service personnel who is employed for a period of more than three and one-half hours (3 1/2) per day and whose pay is at least the amount indicated in the "State minimum pay scale", as set forth in West Virginia Code 18A-4-8a, shall be provided a daily lunch recess of not less than thirty (30) consecutive minutes with pay. Service personnel employees shall not be assigned any responsibilities during this duty free lunch recess. The duty free lunch recess is included in the number of hours worked and the Board may not increase the number of hours to be worked by a service personnel employee as a result of such employee being granted a recess.

A service personnel employee may exchange his/her duty free lunch recess for any compensation or benefit mutually agreed upon by the employee and the Superintendent of schools or his/her agent. The service personnel employee and the Superintendent or his/her agent may not agree to terms which are different from those available to any other service personnel within the same classification category within the individual school or to terms which in any way discriminate among such service personnel within the same classification category within the individual school. This agreement shall be in writing, dated and signed by the service personnel employee and the Superintendent or his/her agent.

WV Code 18A-4-14