January 8, 1993

Mr. Wilts Salmons
Director of Transportation
Wayne County Schools
Post Office Box 70
Wayne, West Virginia 25570-0070

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
January 8, 1993
Page Two

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

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools

5422e/vlb

Enclosures (2)

cc: Mr. Michael E. Ferguson, Superintendent Wayne County Schools