Dr. Sharon Brawner, a City of Marietta elementary school teacher, was terminated after she attended a pre-planning day at her school while she was on extended long-term disability leave because of treatment and complications from cancer. The Marietta City Board of Education hereinafter “the Local Board” terminated Brawner’s teaching contract on the grounds of insubordination and other “good and sufficient cause.” The State Board of Education affirmed the Local Board, and upon Brawner’s appeal, the superior court, finding evidence of insubordination, upheld the termination. She filed an application for discretionary review of the trial court’s order, which we granted. On appeal, Brawner argues that there was no evidence supporting the local board’s finding that she was insubordinate pursuant to OCGA § 20-2-940 a 1 by attending a pre-planning meeting while on an approved leave of absence granted by the local board. She maintains that as there is no evidence that she willfully denied any request made by the local board, the finding of insubordination is illegal and constitutes reversible error. We agree, and reverse.
Brawner began teaching in the City of Marietta school system in the fall of 2000. In March 2001, she was diagnosed with breast cancer but managed to complete her teaching duties for the school year. Due to numerous complications that arose from breast cancer, Brawner obtained leave under the federal Family and Medical Leave Act FMLA through March 1, 2004. She later obtained long-term disability benefits retroactive to September 2001. In a letter dated February 2, 2004, Judith Sands, human resources administrator for Marietta City schools, informed Brawner that: Following an absence for personal illness childbirth or other serious health condition, the employee must provide Human Resources a fitness for duty report completed by an appropriate health care provider prior to being restored to duty . This must state that the employee is able to resume work. Emphasis supplied. Attached to the letter was a form entitled “Medical Certification-Fitness for Duty Report,” and the letter referred to board policy “GBRIG.” That policy stated in pertinent part that: “Upon the employee’s return to work , the school district may require the employee to provide certification by his/her health care provider that the employee is able to resume work.” Emphasis supplied.
