TEACHERS' TENURE
Act 4 of 1937 (Ex. Sess.)
38.112 Leave of absence; physical or mental disability; reinstatement.
Sec. 2.
(1) Any controlling board upon written request of a teacher may grant leave of absence for a period not to exceed 1 year, subject to renewal at the will of the board. Additionally, a controlling board may grant a leave of absence because of physical or mental disability without receiving a written request from a teacher for a period not to exceed 1 year, subject to renewal at the will of the controlling board. A teacher who is placed on an unrequested leave of absence has the right to a hearing on the unrequested leave of absence in accordance with the provisions for a hearing in section 4 of article IV. A leave of absence does not serve to terminate continuing tenure previously acquired under this act.
(2) As a condition to reinstating the teacher at the expiration of the leave of absence, a controlling board may require a teacher who is on an unrequested leave of absence due to physical or mental disability to furnish verification acceptable to the controlling board of the teacher's ability to perform his or her essential job functions.
History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.112 ;-- Am. 2011, Act 100, Imd. Eff. July 19, 2011
PopularName Notes:
Teachers' Tenure Act
Notes of Decisions
Rogers v. Bd. of Educ., 233 N.W.2d 141 (Mich. Ct. App. 1975).
· cites it 5× “MCLA 38.112; MSA 15.2012. Thereafter, plaintiff received a letter from the defendant dated October 13, 1970, notifying her of the granting of an involuntary leave of absence as well as her statutory right to a hearing, private or public, before the school board.”
Tomiak v. Hamtramck Sch. Dist., 360 N.W.2d 257 (Mich. Ct. App. 1984).
· cites it 2× “We do hot hold that the school board is powerless to sever its relationship with such a laid-off teacher.”
Weidman v. Brandon Sch. Dist. Bd. of Educ., 371 N.W.2d 910 (Mich. Ct. App. 1985).
“The teaching position left open by a teacher on sick leave in excess of six weeks is unoccupied but cannot be considered vacant as long as the incumbent teacher has the right to return to that position.”
Bloomfield Hills Bd. of Educ. v. Miner, 317 N.W.2d 638 (Mich. Ct. App. 1982).
“” MCL 38.112; MSA 15.2012. The act further provides that no teacher on continuing tenure shall terminate his or her services except by "mutual consent”.”
Smith v. Wyoming Pub. Schs. Bd. of Educ., 341 N.W.2d 202 (Mich. Ct. App. 1983).
“The commission held that the practice of using former leave status as a basis for laying off a tenured teacher violates one of those rights. The practice deprives the teacher of her right to "continuing employment”.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.