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HUDOK v. BD. OF EDUC. OF RANDOLPH COUNTY

No. 20808.

415 S.E.2d 897 (1992)

Phillip HUDOK, Petitioner, v. BOARD OF EDUCATION OF RANDOLPH COUNTY, a Public Corporation; and Virgil G. Tacy, Jr., President; Janet S. Godwin, Vice-President, Willetta G. Hinkle, Mark T. Rennix, and Louise Vance, Consisting Said Members of Said Board; and John B. Wilson, Superintendent of Randolph County Schools, Respondents.

Supreme Court of Appeals of West Virginia.

Decided March 24, 1992.

Attorney(s) appearing for the Case

Kathleen Abate, Cohen, Abate & Cohen, Fairmont, William McGinley, W. Va. Educ. Ass'n, Charleston, for petitioner.

David W. Hart, Elkins, for respondents.

Chris Quasebarth, Sr. Asst. Atty. Gen., Charleston, for amicus curiae Dept. of Labor.

McHUGH, Chief Justice:

In this original proceeding in mandamus, the petitioner, Phillip Hudok, seeks to compel the respondents, the Board of Education of Randolph County and its elected members, to approve his leave of absence for a period of twelve weeks to care for his newborn daughter as provided under the Parental Leave Act, W.Va.Code, 21-5D-1 to 21-5D-9 [1989], and to allow him to use his personal leave days during his absence. We conclude that petitioner...

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