COMMITTEE SUBSTITUTE
FOR
H. B. 2294
(By Delegates Compton, Williams, Fragale and
Dempsey)
(Originating in the House Committee on Education)
[March 26, 1993]
A BILL to amend article four, chapter eighteen-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
seven-b, relating to the calculation of seniority for
professional employees of county boards of education;
providing for accrual of seniority of employees on approved
leaves of absence; and providing for seniority accrual for
part-time employees.
Be it enacted by the Legislature of West Virginia:
That article four, chapter eighteen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seven-b, to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-7b. Calculation of seniority for professional personnel.
Notwithstanding any other provision of this code to the
contrary, seniority for professional personnel as defined in
section one, article one, chapter eighteen-a of this code shallbe calculated pursuant to the provisions of section seven-a of
this article as well as the following:
(a) A professional employee shall begin to accrue seniority
upon commencement of the employee's duties.
(b) An employee shall receive seniority credit for each day
the employee is professionally employed regardless of whether the
employee receives pay for that day:
Provided,
That no employee
may receive seniority credit for any day the employee is
suspended without pay pursuant to section eight, article two of
this chapter:
Provided, however,
That an employee who is on an
approved leave of absence shall accrue seniority during the
period of time that the employee is on the approved leave of
absence.
(c) Any professional employee whose employment with a county
board of education is terminated either voluntarily or through a
reduction-in-force shall, upon reemployment with the same board
of education in a regular full-time position, receive credit for
all seniority previously accumulated with the board of education
at the date the employee's employment was terminated.
(d) Any professional employee employed for a full employment
term but in a part-time position shall receive seniority credit
for each day of employment prorated to the proportion of a full
employment day the employee is required to work:
Provided,
That
nothing herein allows a regular full-time employee to be credited
with less than a full day of seniority credit for each day the
employee is employed by the board:
Provided, however,
That this
calculation of seniority for part-time professional personnel is
prospective and does not reduce any seniority credit accumulatedby any employee prior to the effective date of this statute:
Provided, further,
That for the purposes of this section a part-
time employee shall be defined as an employee who is employed
less than three and one-half hours per day.
This section is new, therefore strike-throughs and
underscoring have been omitted.