Interpretation's Date: February 15, 1991
by superintendent Henry Marockie
Section: V. Personnel
SubSection: A. Professional Personnel



February 15, 1991

Mr. William C. Harvey
Brooke County Schools
Seventeenth and Charles Street
Wellsburg, West Virginia 26070-1497

Dear Mr. Harvey:

Your have asked for advice with respect to an employee who was injured May 4, 1987, and returned to work in August of 1990, vis. Since she was receiving Workers' Compensation temporary total disability benefits:

1. Is she entitled to three years of incremental pay credit for this period of disability, and

2. Is she entitled to at least one and one-half days of personal leave for each employment month (i.e., 45 day's personal leave in_ toto) for that three-year period?

In response to your first question, my office has not rendered an interpretation on the incremental pay credit issue; however, the Education and State Employees Grievance Board has decided this issue -- as you take notice in your letter (January 28, 1991) -- in Anette_Aftanas_v._Brooke_County_Board_of_Education, number 05-87-295-3, decided January 29, 1988. The grievance board used a rule of the West Virginia Board of Education and a State Superintendent's Interpretation in reaching its decision. I accept this decision pending interpretation by the State Supreme Court of Appeals or clarification by the Legislature.

As for your second question, my office has for years interpreted W.Va. Code 18A-4-10 to entitle a sick employee payment of at least one and one-half days of personal leave at the beginning of each employment term even though he or she has not been present at work.

Mr. William C. Harvey
February 15, 1991
Page 2

Therefore, based on the facts stated in your letter, it appears that Ms. Seckman is not due three year's incremental pay credit but is due 45 days personal leave.

As promised, please find enclosed my letter of December 12, 1990, about workers' compensation beneficiary entitlements to earn seniority and personal leave.

Hoping that I have been of service, I am,



Henry Marockie
State Superintendent of Schools


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