Chapter 123:1-31 Removals, Reductions, or Suspensions

123:1-31-01 General procedure for removals, reductions, suspensions, or fines.

A removal, reduction in pay or position, suspension of forty or more work hours in the case of an employee exempt from the payment of overtime compensation, a suspension of twenty-four or more work hours in the case of an employee required to be paid overtime compensation, a fine of forty or more hours of pay in the case of an employee exempt from the payment of overtime compensation, a fine of twenty-four or more hours of pay in the case of an employee required to be paid overtime compensation, or the reduction or elimination of longevity, except as otherwise provided in division-level 123:1 of the Administrative Code, shall be made for one or more of the statutory reasons enumerated in section 124.34 of the Revised Code. The employee shall be notified in writing, on a form provided by the director or the state personnel board of review, or equivalent form, of the statutory reasons for the action and the effective date thereof. This form shall advise the employee of the right to appeal. Any such appeal shall be made in accordance with the rules of the state personnel board of review. The denial of a one-time pay supplement or a bonus to officer or employee is not a reduction in pay for purposes of this rule.

R.C. 119.032 review dates: 05/15/2013 and 05/15/2018
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.34
Prior Effective Dates: 5/1/66, 1/9/76, 4/5/99, 7/1/07, 4/7/13

123:1-31-02 Step Reduction.

(A) For purposes of this rule, "step reduction" means reducing an employee one step in the applicable pay table for purposes of calculating the employee's compensation.

(B) At the appointing authority's discretion, an employee may receive a step reduction as a form of progressive discipline. This form of discipline shall only be imposed as an alternative to termination and shall not interfere with the employee's normal step anniversary.

R.C. 119.032 review dates: 05/15/2013 and 05/15/2018
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.34
Prior Effective Dates: 7/1/06

123:1-31-03 Absence without leave.

(A) Any employee in the classified service who is absent from duty habitually or for three or more successive duty days, without leave and without approval by the employee's appointing authority for such absence may be subject to removal for neglect of duty under provisions of section 124.34 of the Revised Code.

(B) This rule does not require an appointing authority to initiate removal action if it is determined to be unwarranted nor does it preclude removal action for a shorter period of absence if the absence is of sufficient seriousness. The determination as to what constitutes a serious situation shall be made by the appointing authority of the agency .

R.C. 119.032 review dates: 05/15/2013 and 05/15/2018
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.34
Prior Effective Dates: 5/1/66, 1/9/76, 7/26/02, 4/7/13

123:1-31-04 Reduction or demotion.

Reduction or demotion shall be made only for one or more of the reasons given in section 124.34 , of the Revised Code, except that voluntary written agreement by an employee to a demotion or reduction shall be considered a satisfactory basis for such action in the absence of evidence to the contrary. The salary of an employee following demotion shall be fixed by the director at the equitable rate, not to exceed the rate of pay prior to the demotion.

R.C. 119.032 review dates: 05/15/2013 and 05/15/2018
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.34
Prior Effective Dates: 1/1/69, 1/9/76, 7/26/02