Opinion

Hoeflinger v. West Clermont Local Board of Education

  • 17 Ohio App. 3d 145
  • 17 Ohio B. 245
  • 478 N.E.2d 251
  • 1984 Ohio App. LEXIS 12456
Court
Ohio Court of Appeals
Filed
Jun 18, 1984
Status
Published
Author
Jones
On the bench
Hendrickson, Koehler, Jones
Cited by
2 cases

The opinion

Jones, J.,

concurring. I concur in the finding that Hoeflinger is entitled to utilize accumulated sick leave for pregnancy. When such accumulated sick leave has been fully used, she can take maternity leave without pay. This case presents a narrow issue. Can a teacher take sick leave for mere pregnancy, or must the pregnancy be complicated by illness? The assignment of error does not require us to consider the manner in which proof of pregnancy is presented, whether by letter from a physician or simply a statement from the employee. Having determined that R.C. 3319.141 permits an employee to claim and receive sick leave for pregnancy, it is unnecessary to further construe the statute as to the mechanical procedure. I also take exception to the views expressed by Judge Hendrickson in his separate concurring opinion, which indicates a school administrator has discretion to either grant or refuse a request for sick leave due to pregnancy. It seems to me that such administrator has no discretion once the fact of pregnancy is established.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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