Current through the 2024 Regular Session
Section 37-9-39 - Time of payment of salaries(1) All school districts shall process a single monthly or a bimonthly payroll for employees, in the discretion of the local school board, consistent with the provisions of Section 37-157-103(1), except for December, when salaries or wages shall be paid by the last working day. Salaries or wages shall be paid at a minimum on a monthly basis. The standard contract for school district employees prescribed by the State Board of Education shall provide that school district employees shall earn a salary payable in equal monthly or bimonthly installments beginning in the first month of employment, regardless of the number of days worked in any particular month by the employee. Any employee failing to complete the contractual obligation of service, and who receives payment in excess of the installment for the period which such employee ceases employment with the school district, shall become liable immediately to the school board of the employing district for the sum of all amounts received in payment less the corresponding amount of any compensation paid for which service has been rendered, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his or her service.(2) Any school employee whose employment ends during a school term, regardless of the reason(s) the employment ended, shall be paid salary or wages only for that portion of the school term that employee actually worked. Nothing in this subsection (2) shall be construed to entitle any employee to payment of salary or wages when no work has been performed.Codes, 1942, § 6282-14; Laws, 1953, Ex Sess, ch. 20, § 14; Laws, 1955, Ex Sess, ch. 53; Laws, 1974, ch. 455; Laws, 1986, ch. 492, § 76; Laws, 1987, ch. 307, § 13; Laws, 1990, ch. 398, § 1; Laws, 1992, ch. 524, § 5; Laws, 1997, ch. 545, § 15; Laws, 2003, ch. 546, § 3; Laws, 2012, ch. 543, § 6, eff. 7/1/2012.Amended by Laws, 2022, ch. 431, SB 2424,§ 1, eff. 7/1/2022.Amended by Laws, 2014, ch. 420, SB 2090, 2, eff. 3/24/2014.Amended by Laws, 2014, ch. 302, HB 71, 1, eff. 2/10/2014.Amended by Laws, 2013, ch. 566, SB 2138, 1, eff. 7/1/2013.