HCEA Wins Arbitration Concerning Sick Leave

HCEA and the affected member made a claim that the Department of Education had violated the provisions of the contract between the Board of Education and HCEA, specifically Article 12, Paragraph B, which states; “Previously accumulated sick leave days will be restored to all teachers who return to teach in Howard County within two (2) years.”

The member had been employed in Howard County for several years and had resigned from her position at the conclusion of the 2004-2005 school year.

She went to work as a teacher in Virginia. Circumstances changed and she reapplied to Howard County and was hired as a teacher. She signed her teaching contract on January 29, 2007 to teach for the 2007-2008 school year.

She was assigned to a school in June and actually visited the room she would be in at that time.

When the member left Howard County, she left behind 18.5 sick days. When she returned she requested that the sick days be returned to her, since she met the two year requirement as per Article 12 B. The Human Resources Department said no to her request on the basis that she had not actually and physically returned to teach in Howard within the two years.

HCEA processed the grievance through all the steps and proceeded to arbitration. The arbitration awarded the days back to the member and stated that she clearly had returned to teaching in Howard County based on the fact that she had signed the teaching contract in January.

This was a major win for HCEA, the member and all members on the basis that our interpretation of the contract was correct and the Board of Education’s view was clearly flawed.

Submitted by Marius Ambrose