Employee Leave

Employee Leave


David Jaworski, a term contract employee for South San Antonio ISD, missed a substantial amount of work after sustaining injuries in an automobile accident. Jaworski ultimately worked 102 of 187 work days. Jaworksi received compensation for 20 leave days—five state personal leave days, five local leave days, and ten local emergency leave days. At the end of the school year, the school district deducted the value of ten leave days—two and one-half state personal leave days, two and one-half local leave days, and five local emergency leave days—from Jaworski’s last paycheck because he had not worked enough days to accrue the 20 days of leave that were advanced to him during his recuperation. Jaworski’s local grievance was denied, and he petitioned the commissioner of education for review of the district’s decision. The commissioner issued a decision in favor of Jaworksi, concluding that he was entitled to compensation for all the leave days advanced to him during the school year. The commissioner held that Texas Education Code section 22.003(a) does not link the five days of state leave per year to working a particular number of days; it simply provides five days of leave per year to school district employees. Because Jaworski completed the school year as an employee of the district, he was entitled to all five days of state leave without deductions. Under the facts of the case, he was entitled to local and emergency leave as well because the district’s local policy language did not require them to be earned. Jaworski v. South San Antonio Indep. Sch. Dist., Tex. Comm’r of Educ. No. 019-R10-1209 (July 2, 2012). LAF’s Attorney: Lynn Rossi Scott, Brackett & Ellis, P.C., Fort Worth.