Turnbough v. Mammoth Spring School

45 S.W.3d 430, 74 Ark. App. 107, 154 Educ. L. Rep. 690, 2001 Ark. App. LEXIS 466
CourtCourt of Appeals of Arkansas
DecidedJune 6, 2001
DocketCA 00-1207
StatusPublished
Cited by7 cases

This text of 45 S.W.3d 430 (Turnbough v. Mammoth Spring School) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turnbough v. Mammoth Spring School, 45 S.W.3d 430, 74 Ark. App. 107, 154 Educ. L. Rep. 690, 2001 Ark. App. LEXIS 466 (Ark. Ct. App. 2001).

Opinion

John B. ROBBINS, Judge.

This is an appeal from the Fulton County Circuit Court’s dismissal of appellant Rose Turnbough’s complaint for the monetary value of the unused sick leave that she accumulated before resigning from her teaching position with appellee Mammoth Spring School District Number Two. We find no error in the circuit judge’s decision and affirm.

After twenty years’ employment with appellee, appellant resigned in 1999 to take a job in Missouri. At the time of her resignation, appellant requested payment for her ninety days of unused sick leave. After appellee refused to pay. her, appellant filed this action for a declaration of her rights under the Teachers’ Minimum Sick Leave Law, Ark. Code Ann. §§ 6-17-1201 through 6-17-1209 (Repl. 1999), and under the terms of her contract with appellee. Finding that the statutes and the contract did not support her claim, the circuit judge dismissed her complaint.

On appeal, appellant argues that the trial judge erred in holding that she is not entitled to payment for her unused sick leave under the terms of the Teachers’ Minimum Sick Leave Law; that appellee’s sick-leave policy is more restrictive than the statutes permit and is against public policy; and that appellee’s sick-leave policy violates the Privileges and Immunities Clause of the United States Constitution.1 We need not address appellant’s third argument because she did not obtain a ruling on it by the trial court. A ruling by' the trial court on a challenged issue is a prerequisite to our review of that issue. Even questions raised at the trial level, if left unresolved, are waived and may not be relied upon on appeal. Office of Child Support Enfant, v. Neely, 73 Ark. App. 198, 41 S.W.3d 423 (2001).

The Teachers’ Minimum Sick Leave Law

Addressing appellant’s first argument on the merits, we find no error in the circuit judge’s construction of the relevant statutes. Appellant argues that, according to Ark. Code Ann. §§ 6-17-1204(a) and 6-17-1207 (Repl. 1999), appellee was required to pay her the value of her accumulated sick leave, in which she asserts a vested right. In considering the meaning of a statute, we consider it just as it reads, giving the words their ordinary and usually accepted meaning in common language. Stephens v. Arkansas Sch. for the Blind, 341 Ark. 939, 20 S.W.3d 397 (2000). If the language of a statute is clear and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to rules of statutory interpretation. Id. All statutes on the same subject are in pari materia and must be construed together. Boothe v. Boothe, 341 Ark. 381, 17 S.W.3d 464 (2000).

Section 6-17-1204 provides:

(a) Each school district in the state shall provide sick leave for each of its teachers at a minimum rate of one (1) day per month or major portion thereof that the teacher is contracted, at full pay.
(b) Such leave shall be in force beginning with the first day of the first school term for which each teacher is employed.
(c) If a teacher resigns or leaves his teaching position for any reason before the end of the school term, the employing district may deduct from his last paycheck full compensation for any days of sick leave used in excess of the number of days earned.
(d) A teacher shall be entitled to sick leave only for reasons of personal illness or illness in his immediate family.

Section 6-17-1206 states that, whenever an employee of a school district leaves that district and accepts employment in another district within this state, he shall be granted credit by the new school district for any unused sick leave, not to exceed ninety days, that he accumulated while employed by the former district. According to section 6-17-1205, unused sick leave shall be accumulated at a rate of one day per month until ninety days have been accumulated. Under the terms of section 6-17-1208, school districts are free to provide more liberal sick-leave benefits to their employees:

The number of days of sick leave provided by this subchapter are mínimums only, and nothing in this subchapter shall prohibit any school district from providing more days of sick leave or from having a more liberal policy for the administration of sick leave, including, but not limited to, the establishment of sick leave pools or banks and allowing district employees who are husband and wife to each utilize the other’s accumulated sick leave.

Section 6-17-1207 states that “[pjayment for unused sick leave shall be made from the salary fund of the district, and these moneys shall be included in meeting the annual requirements for payment of teachers’ salaries.” As appellant points out, the Teachers’ Minimum Sick Leave Law, as enacted by Act 137 of 1971, provided in section five that “[n]o payment for unused sick leave shall be made to teachers.” See Ark. Stat. Ann. § 80-1253 (Supp. 1977). In Act 1016 of 1979, the General Assembly repealed section 80-1253 and substituted a new version of it, Ark. Stat. Ann. § 80-1253 (Supp. 1979), which is now codified at Ark. Code Ann. § 6-17-1207. Appellant argues that, in the 1979 act, the General Assembly made it clear that payment for unused sick leave is required. We disagree.

In our view, the 1979 act simply repealed the prohibition against paying teachers for unused sick leave but.did not require it or dictate the circumstances under which payment is made. It does, however, permit such payments and establishes their source, if they are made. A logical construction of the amended Teachers’ Minimum Sick Leave Law, in its entirety, is that school districts are free to decide whether to compensate teachers for unused sick leave; however, if they choose to do so, they must make these payments from their salary funds. If the General Assembly had intended to require school districts to pay teachers for unused sick leave, it could have expressly stated so. We will not read language into a statute that is not there. Conagra Frozen Foods, Inc. v. Director, 34 Ark. App. 108, 806 S.W.2d 27 (1991). Our construction of the Teachers’ Minimum Sick Leave Law, as amended, is in harmony with its obvious purpose: to prevent employees from losing compensation and suffering financial hardship in the event of personal illness or the illness of an immediate family member. Even if an employee has not utilized all of the sick leave to which he is entided, the purpose of the law has been served — this “safety net” was available to him if needed. Although we are not bound by the decision of the trial court, in the absence of a showing that the trial court erred in its interpretation of the law, we will accept that interpretation as correct on appeal. Stephens v. Arkansas Sch. for the Blind, supra; Moore v. Pulaski Co. Special Sch. Dist., 73 Ark. App. 366, 43 S.W.3d 204 (2001).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Metro Empire Land Ass'n v. Arlands, LLC
415 S.W.3d 594 (Court of Appeals of Arkansas, 2012)
Opinion No.
Arkansas Attorney General Reports, 2011
Barnett v. Mountain View School District
374 S.W.3d 851 (Court of Appeals of Arkansas, 2010)
All-Ways Logistics, Inc. v. USA Truck, Inc.
583 F.3d 511 (Eighth Circuit, 2009)
Turnbough v. Mammoth Spring School District No. 2
78 S.W.3d 89 (Supreme Court of Arkansas, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
45 S.W.3d 430, 74 Ark. App. 107, 154 Educ. L. Rep. 690, 2001 Ark. App. LEXIS 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turnbough-v-mammoth-spring-school-arkctapp-2001.