February 11, 1991

Ms. Virginia Rickman
Post Office Box 9313
Huntington, West Virginia 25704

Dear Ms. Rickman:

1. You have asked whether overtime has to be shared by you, a head custodian, with a part-time custodian since before you became a head custodian the head custodian did not have to share overtime.

This will depend upon policy of the county board of education although the policy must treat head custodians uniformly because compensation--according to W.Va. Code 18A-4-5b--must be paid in a uniform manner. (A copy of this law is enclosed.)*

2. You have also asked whether the acting head custodian who substituted for you during your three-month illness should have shared overtime with a long-term substitute custodian.

From the information in your letter (January 16, 1991), I cannot tell; however, the answer to your first question may answer this question.

3. You ask, moreover, whether you should be charged with a full day of personal leave or only seven out of eight hours if you come to work, get sick, but spend some time showing your substitute how to do your job.

This is a matter for determination by policy of the county board of education. See W.Va. Code 18A-4-10, enclosed, especially where check marked.

_______________

* Furthermore, the case of State_ex_rel._Hawkins_v._Board_of_Education, 166 W.Va. 363, 275 S.E.2d 908 (1980), requires assignments to be fairly distributed.

Ms. Virginia Rickman
February 11, 1991
Page 2

4. You also ask whether -- if you are charged with seven instead of eight hours of personal leave -- you are due salary at the overtime rate for the other hour.

This will depend upon whether your work week has exceeded forty hours. Any paid hours over 40 for your work week will be at the overtime rate. Please see the enclosed W.Va. Code 21-5c-3(a).

Hoping that I have been of service, I am,

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools

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Enclosures (3)