123:1-33-17 Occupational injury leave.

Each employee of the department of rehabilitation and correction, the department of mental health, the department of mental retardation and developmental disabilities, the Ohio veterans’ home, the school for the deaf, the school for the blind, or the department of youth services who suffers bodily injury inflicted by an inmate, patient, client, youth, or student in the respective facilities while the employee is lawfully performing assigned duties of the employee’s position shall, pursuant to this rule and with the approval of the director, receive up to nine hundred and sixty hours of occupational injury leave, per independent injury. Any subsequent injury that is determined to be an aggravation of a previous injury for which occupational injury was approved shall not be considered as an independent injury.

(A) Amount and length of pay. An employee receiving occupational injury leave shall be paid at the employee’s total rate of pay during the period of the disability resulting from the bodily injury. In no case shall the payment of occupational injury leave benefits exceed nine hundred and sixty hours. Part-time employees’ occupational injury leave shall be based on the average number of hours worked during the six weeks immediately preceding the related incident, up to forty hours per week.

(B) Employees’ responsibilities. In order to receive occupational injury leave, the injured employee, the employee’s family member, or a designated representative shall within twenty days from the date of incident:

(1) Submit an application for occupational injury leave benefits with his or her appointing authority;

(2) Participate in the completion of an accident or injury report; and

(3) Provide, or certify that appropriate action has been taken to provide, the necessary documentation from a licensed medical practitioner that explains the nature of the injury and substantiates that the employee’s injury prevents the employee from performing the substantial and material duties of the employee’s position.

(C) Appointing authorities’ responsibilities. The employee’s appointing authority must promptly review the employee’s claim and:

(1) Forward the employee’s paperwork, along with disputing information or documentation certifying that the injury was sustained in the line of duty, was inflicted directly by an inmate, patient, client, youth, or student and did not result from an accident, misbehavior, or negligence on the part of the employee, to the director or authorized designee;

(2) Provide for medical examinations conducted by an independent licensed medical practitioner as needed; and

(3) Report the results of all medical examinations to the director or designee in a timely manner. The report shall include a description of the progress of the employee, and whether or not the injury continues to prevent the employee from performing the substantial and material duties of the employee’s position.

(D) Medical treatment and return to work. It shall be the obligation of the employee to receive necessary medical treatment and return to active work status at the earliest time permitted by the attending licensed medical practitioner.

(E) Occupational injury leave benefits if granted:

(1) Are in lieu of any other employer paid leave or workers’ compensation benefits;

(2) Preclude an employee from engaging in any activity which adversely affects the employee’s recovery;

(3) Preclude an employee from engaging in any activity for wage or profit; and

(4) Will be terminated upon a finding that the employee is no longer disabled.

(F) Sick leave, personal leave, and vacation leave credit. During the time an employee is receiving injury pay under the rule, the employee shall be exempt from receiving vacation leave under section 124.134 of the Revised Code but shall continue receiving sick leave credit and personal leave credit under sections 124.382 and 124.386 of the Revised Code. Benefits received pursuant to this rule and section 124.381 of the Revised Code shall not be charged against the employee’s accumulated sick leave credit.

(G) Extended absence. When an employee’s absence due to the injury, as defined by this rule, extends beyond nine hundred and sixty hours of injury pay, the employee shall immediately become subject to sections 124.382 to 124.385 of sick leave and disability benefits. Prior to expiration of nine hundred and sixty paid hours, the appointing authority shall notify the disabled employee of the employee’s options regarding the use of sick leave or other available leave.

R.C. 119.032 review dates: 04/11/2007 and 04/11/2012

Promulgated Under: 119.03

Statutory Authority: 124.09

Rule Amplifies: 124.381

Prior Effective Dates: 2/4/96, 5/24/98, 11/14/00