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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6205 February 2, 1984 SCHOOLS AND SCHOOL DISTRICTS: Boards of education--authority to make payments to employees on account of sickness Boards of education of school districts are empowered by law to make payments to their employees on account of sickness. Dr. Phillip E. Runkel Superintendent of Public Instruction Michigan Department of Education Lansing, Michigan You have requested my opinion whether boards of education of school districts may make payments to their employees on account of sickness. In addressing your question, it is first noted that boards of education have only those powers conferred upon them by the Legislature either expressly or by reasonably necessary implication. Senghas v L'Anse Creuse Public Schools, 368 Mich 557, 560; 118 NW2d 975, 977 (1962); Singer Architectural Services Company v Doyle, 74 Mich App 485, 489; 254 NE2d 587, 588 lv app den, 402 Mich 811 (1977). OAG, 1967-1968, No 4583, p 301, 305 (October 11, 1968) concluded that, pursuant to 1955 PA 269, boards of education had the authority 'to permit temporary absences due to illness without loss of pay.' That opinion relied heavily on Averell v City of Newburyport, 241 Mass 333; 135 NE 463, 464 (1922) which sustained sick leave payments to school employees made 'on account of personal illness . . .' Moreover, in the School Code of 1976, 1976 PA 451, Sec. 1255(1), MCLA 380.1255; MSA 15.41255, the Legislature has provided: '(1) In the process of establishing salaries or determining other working conditions, the board of a school district or the board of a local act school district may use general funds of the school district to provide other related benefits of an economic nature on a joint participating or nonparticipating basis with school employees for employees of the school district.' (Emphasis supplied.) The history of the above quoted statutory provision clearly demonstrates that the legislative intent was to grant boards of education broad authority to provide fringe benefits to school employees. See June 10, 1974 letter opinion to Representative William A. Ryan and OAG, 1981-1982, No 5848, p 35 (January 28, 1981). The broad authority manifestly includes the authority, on the part of boards of education, to make payments to their employees on account of sickness. It is my opinion, therefore, that boards of education of school districts may make payments to their employees on account of sickness. Frank J. Kelley Attorney General
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