West Virginia Code § 18A-4-7b

Calculation of seniority for professional personnel
Open in Lexace · Ask the AI about this section
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 shall be
calculated pursuant to the provisions of section seven-a of this article as well as the
following: Provided, That any recalculation of seniority of a professional personnel employee
that may be required in order to remain consistent with the provisions contaeined herein shall
be calculated retroactively, but shall not be utilized for the purposes of reversing any
decision that has been made or grievance that has been filed prior to thre effective date of
this section:
(a) A professional employee shall begin to accrue seniority upon commencement of the
employee's duties. t
(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 shall receive seniority credit for any day lthe employee is suspended without pay
pursuant to section eight, article two of this chsapter: 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 whose employment has been terminated through reduction in
force and whose name is on the preferred recall list shall retain all accumulated seniority for
the purpose of seeking reemployment with the county from which he or she was terminated
andW nothing in this section may be construed to the contrary.
(e) 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 accumulated by any employee prior to the effective date of this
section: 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.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.