Interpretation's Date: January 8, 1993
by superintendent Henry Marockie
Section: V. Personnel
SubSection: C. Service Personnel
January 8, 1993
Mr. Wilts Salmons
Dear Mr. Salmons:
You have asked:
1. "If a regularly employed bus operator is off on extended sick leave and the same substitute bus operator has made the run driving in the regular drivers absence, can another regular bus operator request to drive the run being driven by the substitute?"
Yes, if the statutory period (15 days) of W. Va. Code 18-29-4(1) has not passed.
Please refer to my enclosed November 30, 1992(32), letter written to William K. Grizzell. A regular service employee assigned to the same working station or building as an absent service employee of the same classification category of employment is entitled to substitute for the absent employee, and this substituting regular employee's place is filled by a substitute service employee. See, W. Va. Code 18A-4-15.
However, if the substitutions have not been done in this way, yet the 15-day statutory limitation period of W. Va. Code 18-29-4(1) has passed, then the regular bus operator has lost his or her chance to get the substitute assignment.
If the regular driver does get this substituting job, then the replaced substitute driver probably would substitute for this regular driver.
2. "If the answer to the first question is no can a regular bus operator request to drive (in the case of an extended illness) in the absence of a regular driver before a
substitute is called?"
Mr. Wilts Salmons
Yes. A substitute should not be called before a regular driver assigned to the same building or working station is called. In the case of bus operators, the expression "employed in the same building or working station as the absent employee" means bus depot or garage. A copy of Code 18A-4-15 is enclosed.
Hoping that I have been of service, I am
cc: Mr. Michael E. Ferguson, Superintendent
Wayne County Schools
*Please refer to the Senate Bill 563 commentary at KEY TERMS, #2: "'Working_Station' - Although undefined by statute, it appears that 'working station' is the general location where an employee works; e.g., county office, maintenance center, garage or, in the case of bus operators, the bus depot or school area served." See page 72 of Informal_Guidelines_for_Implementing_ the_Education_Bills_Enacted_in_1983.