June 29, 2004

Curtis Gunnoe
P.O. Box 196
Midway, WV 25878

Dear Mr. Gunnoe:

I am in receipt of your request for a Superintendent's Interpretation regarding the application of West Virginia Code 18A-4-10 and West Virginia Code 18A-4-8.

You explain that you are employed by a county board of education under two separate contracts. You are employed as an Electronic Technician/Custodian III for a 210 day contract during the regular school term and as a Custodian III under a 30 day summer contract. You further explain that you frequently work several extra days during both your regular and summer contract terms.

Specifically, you ask:

"What would be my entitlement to sick days?"

West Virginia Code 18A-4-10 states, in pertinent part:

"At the beginning of an employment term, any full-time employee of a county board of education shall be entitled annually to at least one and one-half days personal leave for each employment month or major fraction thereof in the employee's employment term."

As previously expressed in an opinion dated October 23, 2003, because your "employment terms" consists of a total of 240 days, you are entitled to earn personal leave only for those days. It is common for employees of county boards of education to work extra days during their employment terms in the performance of overtime work, extra-duty work, etc. Working these extra days does not entitle an employee to earn additional personal leave.

You also ask:

"Would I have entitlement to the higher classification during the 30 day contract?"

You would not be entitled to the higher classification during your 30 day contract. As the 30 day contract is a summer contract which is separate and distinct from your regular employment contract, your regular employment activities have no bearing on your summer classification. Your summer employment activities must match those of another classification in order for you to be multiclassified in the summer. See Gunnoe v. Raleigh County Board of Education, Docket No. 97-41-302 (October 30, 1997).

Hoping that I have been of service, I am
Sincerely,

/s/

David Stewart
State Superintendent of Schools