Chapter 123:1-34 Leave

123:1-34-01 Leave of absence without pay.

Nothing in this rule shall be construed as limiting, superseding, or requiring any leave granted under The Family and Medical Leave Act of 1993 (FMLA). Given proper notice and under appropriate circumstances, a leave of absence for a FMLA qualifying purpose may be credited against an employee's FMLA leave entitlement.

(A) Classified service. An appointing authority may, with the approval of the director grant a leave of absence without pay to an employee in the classified service. An employee must request, in writing, all leaves of absence without pay. The request shall state reasons for taking leave of absence without pay and the dates for which such leave is being requested.

(1) Length of leave. Upon written request, a leave of absence without pay may be granted for any personal reason. Renewal or extension beyond the maximum allowed shall not be granted except as provided in this rule.

(a) Leaves of absence without pay for personal reasons may be granted for a maximum duration of six months.

(b) Employees of any agency which has a work year equivalent to an academic year may be granted leaves of absence without pay for personal reasons of six months, and such leave may be extended for instructional and instructional support staff with the approval of the director through the beginning of the next academic year.

(c) Leave of absence without pay may be granted for a maximum period of two years for purposes of education or training which would be of benefit to the service; or for voluntary service in any governmentally sponsored program of public betterment. Renewal or extension beyond the two-year period shall not be allowed.

(2) Abuse of leave. If it is found that a leave is not actually being used for the purpose for which it was granted, the appointing authority may cancel the leave and direct the employee to report for work by giving written notice to the employee and the director of administrative services.

(3) Failure to return. An employee who fails to return to duty within three working days of the completion or a valid cancellation of a leave of absence without pay without explanation to the appointing authority or his representative, may be removed from the service in accordance with section 124.34 of the Revised Code. An employee who fails to return to service from a leave of absence without pay and is subsequently removed or voluntarily resigns from the service is deemed to have a termination date corresponding to the starting date of the leave of absence without pay.

(4) Return to service. Upon completion of a leave of absence without pay, the employee shall be returned to the same or similar position within the employee's former classification. If the employee's former classification no longer exists the employee shall, with approval of the director, be assigned to a position in a classification similar to that formerly occupied. The employee may be returned to active pay status prior to the originally scheduled expiration of the leave if such earlier return is agreed to by both the employee and the appointing authority.

(5) Service credit. Authorized leaves of absence without pay will count as service credit for annual step increases, layoff purposes, and for computing the amount of vacation leave, provided the employee is properly returned to service and is not serving a probationary period. Employees that do not return to service from a leave of absence without pay shall not receive service credit for the time spent on such leave.

(6) Reporting leaves. The appointing authority shall report to the director any leave of absence without pay which extends for one pay period or longer, and the subsequent return from such a leave. Any leave of absence without pay shall be reported for an employee serving a probationary period.

(7) Probationary period of an employee on a leave of absence without pay. The period during which an employee is on a leave of absence without pay shall not be counted towards an employee's original or promotional probationary period.

(8) Benefits. While on a leave of absense without pay lasting longer than one pay period, the employee is responsible for both the employer's and employee's share of health care benefit premiums, except as required by law.

(B) Unclassified service. Leave of absence without pay may be granted to an employee in the unclassified service in the same manner as it is granted to a classified employee. Such leave shall be reported to the director but is not subject to the director's approval. Return of an employee in the unclassified service to active pay status shall be at the discretion of the appointing authority.

(C) Disabling illness, injury or condition. Subject to the provisions contained in Chapter 123:1-33 of the Administrative Code, upon written request to the appropriate appointing authority, employees with a disabling illness, injury or condition who are not eligible to receive disability benefits may be granted a leave of absence without pay, subject to the provisions of this rule. The employee must demonstrate that the probable length of disability will not exceed six months.

(1) Length of leave. Leaves of absence without pay shall be limited to the period of time that the employee is unable to perform the essential job duties of the employee's position. This period may include reasonable rehabilitation and recovery time, as certified by a licensed practitioner, not to exceed six months. If the employee is unable to return to active work status within six months, the employee may be given a disability separation in accordance with Chapter 123:1-33 of the Administrative Code.

(2) Licensed practitioner's certificate. An employee requesting a leave of absence without pay due to a disabling illness, injury or condition must present, at the time the request is made, a licensed practitioner's certificate stating the probable period for which the employee will be unable to perform the essential job duties of the employee's position.

(3) Sick leave usage. Upon request, and in accordance with the rules of the director on sick leave and disability leave benefits, an employee not eligible to receive disability leave benefits under a program offered by an appointing authority shall be permitted to use any or all of the employee's accumulated sick leave credit only for the period of time, as certified by the licensed practitioner's certificate, that the employee is unable to work as a result of a disabling illness, injury or condition. An employee using sick leave credit shall not be prevented from receiving a leave of absence without pay for the remainder of the period as defined in paragraph (C)(1) of this rule.

(4) Vacation leave usage. Subject to the provisions contained in Chapter 123:1-33 of the Administrative Code, an employee not eligible to receive disability leave benefits under a program offered by an appointing authority shall, upon request, be permitted to use any or all of the employee's accumulated vacation leave at any reasonable time prior to, during, or following the period as defined in paragraph (C)(1) of this rule.

(5) Request for leave. Requests for leave of absence without pay, sick leave, personal leave or vacation leave made pursuant to this rule are subject to the internal management procedures of the employee's appointing authority.

(6) Return to work. The appointing authority of an employee on a leave of absence without pay for a disabling illness, injury or condition may require the employee, prior to the employee's return to work, to provide a physician's certificate that confirms the employee is able to perform the essential job duties of the employee's position.

(D) Child care. Any employee may, at the discretion of the appointing authority, be granted a leave of absence without pay for purposes of child care. All requests for leave of absence without pay for purposes of child care shall be considered on a nondiscriminatory basis without regard to the sex of the employee.

An adoptive or foster parent's request for leave of absence for purposes of child care shall be considered on the same basis as that of a biological parent under similar circumstances.

R.C. 119.032 review dates: 09/16/2013 and 09/15/2018
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.09
Prior Effective Dates: 12/17/81, 3/29/82, 5/29/94, 4/5/99, 7/1/07, 4/7/13

123:1-34-03 Civic duty leave.

(A) An appointing authority shall grant civic duty leave with full pay to any employee in the service of the state who:

(1) Is summoned for jury duty by a court of competent jurisdiction, or

(2) Is subpoenaed to appear before any court, commission, board or other legally constituted body authorized by law to compel the attendance of witnesses. This paid leave is not available if the employee is a party to the action or is summoned to testify as a result of secondary employment outside the service of the state.

(B) An appointing authority may grant civic duty leave with full pay to any employee in the service of the state who:

(1) Is appointed to serve in an unpaid position on an advisory board or a commission, or

(2) Is soliciting for charities for which payroll deductions are made.

(C) Any compensation or reimbursement for jury duty or for court attendance compelled by subpoena in excess of fifteen dollars per day, when such duty is performed during an employee's normal working hours, shall be remitted by an employee who is paid directly by warrant of the director of budget and management to the payroll officer for transmittal to the treasurer of state.

(D) An employee who is the appellant in any action before the state personnel board of review and is in active pay status at the time of a scheduled hearing before the board shall be granted civic duty leave with full pay for purposes of attending the hearing.

R.C. 119.032 review dates: 11/26/2013 and 09/15/2018
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.135
Prior Effective Dates: 1/10/82, 11/10/96, 9/28/97, 7/1/06, 12/1/06, 11/18/12, 10/6/1312

123:1-34-04 Military leave with pay.

(A) Permanent employees who are in the service of the state who are members of the Ohio organized militia or members of other reserve components of the armed forces of the United States, including the Ohio national guard, are entitled to a military leave of absence from their duties without loss of pay, for a limited amount of time each calendar year, for the time they are performing service in the uniformed services as set forth in section 5923.05 of the Revised Code.

(B) Evidence of military duty. Permanent employees who are in the service of the state are required to submit to their appointing authority a written order or written statement from the appropriate military commander as evidence of performing service in the uniformed services before military leave with pay will be granted.

(C) There is no requirement that the service in the uniformed services by a permanent employee who is in the service of the state be for one continuous period of time in order for such employee to be eligible to receive military leave with pay under the the terms of this rule or section 5923.05 of the Revised Code.

Replaces: 123:1-34-04

R.C. 119.032 review dates: 11/26/2013 and 09/15/2018
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.15 , 124.152 , 5923.05
Prior Effective Dates: 1/10/82, 10/6/13

123:1-34-05 Uniformed service leave without pay.

(A) A military leave without pay is an approved leave of absence and shall be treated as such. An employee who has exhausted their calendar year allowance of military leave with pay or who chooses not to use available military leave with pay for an active duty call-up is entitled to take military leave without pay. An employee that has accrued leave or compensatory time available at the time of an active duty call-up may choose to use such accrued leave, compensatory time, or a combination of both to cover the employee's active duty call-up in-lieu of taking military leave without pay. An employee's use of accrued leave, compensatory time, or a combination of both to cover an active duty call-up is at the employee's sole discretion.

(B) Employees that are exempt from collective bargaining do not accrue any form of leave while on military leave without pay. Employees that are in a bargaining unit shall accrue any form of leave in the same manner as any other bargaining unit employee under the applicable collective bargaining agreement who is on an approved leave of absence. Any such accrued leave to which a bargaining unit employee is entitled to under this rule shall not be credited to the employee until such time as the employee returns to work.

(C) An employee on military leave without pay has the right to be reinstated to the same or similar position if the employee meets the following criteria:

(1) The employee has been honorably discharged or has been released from active duty in an honorable status; and

(2) The employee makes a timely written request for reinstatement to the employee's appointing authority. The time period for making the request is dependent on the length of time of the employee's active duty call-up:

(a) If the active duty call-up was thirty days or less, the request for reinstatement shall be made immediately upon the employee's release from the active duty call-up, with reinstatement taking place the first full regularly-scheduled work day following the employee's release from active duty allowing time for travel home plus eight hours for rest ;

(b) If the active duty call-up was thirty-one days to one hundred eighty days, the request for reinstatement shall be made within fourteen days of the employee's release from the active duty call-up; or

(c) If the active duty call-up was in excess of one hundred eighty days, the request for reinstatement shall be made within ninety days of the employee's release from the active duty call-up.

(D) Pursuant to section 5923.051 of the Revised Code the employee, the employee's spouse, or the employee's dependent may maintain or reinstate health care benefits while the employee is on a federal active duty call-up. If health care benefits are maintained or reinstated under the provisions of section 5923.051 of the Revised Code, the employee remains responsible for paying the employee's share of such health care benefits and the appointing authority remains responsible for paying the employer's share of such health care benefits.

(E) An employee is eligible for a pay supplement from the employee's appointing authority when the employee meets the requirements set forth in section 5923.05 of the Revised Code.

(F) An employee reinstated from a military leave without pay is generally entitled to all rights and benefits available to an employee returning from an authorized leave of absence without pay, including but not limited to the following:

(1) All accrued leave and compensatory time which the employee had accumulated prior to going on the military leave without pay, less any such time the employee used while on the active duty call-up associated with the military leave without pay;

(2) All automatic salary adjustments associated with the employee's position that would have been due the employee during the active duty call-up associated with the military leave without pay as if the employee had been at work during that time;

(3) Any change in classification or pay range that would have occurred to the employee during the active duty call-up associated with the military leave without pay as if the employee had been at work during that time;

(4) If necessary, reinstituted health care benefits and related insurance benefits with no waiting periods or pre-existing condition exclusions; and

(5) Appropriate service time corresponding with the time the employee was on military leave without pay.

Replaces: 123:1-34-05

R.C. 119.032 review dates: 11/26/2013 and 09/15/2018
Promulgated Under: 119.03
Statutory Authority: 124.09 , 5903.02(F)
Rule Amplifies: 124.134 , 124.15 , 124.152 , 124.382 , 124.386 , 5903.02 , 5923.05 , 5923.051
Prior Effective Dates: 1/10/82, 5/24/98, 2/19/08, 10/6/13

123:1-34-08 Olympic competition leave.

Any employee in the service of the state shall be granted olympic competition leave from employment without loss of pay to participate in olympic competition sanctioned by the United States olympic committee. Participation in olympic competition shall include duties as a coach, judge, official, or athlete.

(A) Length of leave. Olympic competition leave shall not exceed the aggregate time required for reasonable precompetition training at the competition site, actual participation in the competition, and reasonable travel time to and from the competition site.

(B) Compensation. Pay for each week of olympic competition leave shall not exceed the amount the employee would receive for the employee's standard work week as defined in section 124.18 of the Revised Code. The employee shall not be paid for any day spent in olympic competition for which the employee would not ordinarily receive pay as part of the employee's regular employment.

(C) Additional leave. An employee, having been granted olympic competition leave, shall be granted personal leave of absence without pay or, if entitled to vacation leave and if such leave is requested, shall be granted vacation leave in order that the employee may remain at the competition site until the close of the competition. If the employee does not indicate that accrued vacation leave is to be used, or if the employee has not accrued any vacation leave the employee shall receive leave of absence without pay for this time.

(D) Written request. To request olympic competition leave, the employee must submit a request in writing to the appointing authority. This request must be submitted thirty calendar days prior to the effective date of the leave being requested. If the employee is selected less than thirty calendar days prior to the effective date of the requested leave, the employee shall make the request for olympic competition leave within one week of such selection. The request shall include:

(1) Proof of selection signed by an official of the United States olympic committee.

(2) Dates of official precompetition training at the competition site.

(3) A list of the employee's competition events together with dates of actual competition. If the event is one in which contestants compete until eliminated, making it impossible to precisely indicate all days of actual competition prior to taking the leave, the employee shall submit a list of the days on which he actually competed upon return from the competition.

(4) Dates of travel time to and from the competition.

(5) If entitled to vacation leave, a statement that such leave is to be used as indicated in paragraph (C) of this rule.

R.C. 119.032 review dates: 09/16/2013 and 09/15/2018
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 9.46 , 124.09
Prior Effective Dates: 1/10/82, 11/18/12

123:1-34-09 Bereavement leave.

Each full-time permanent and part-time permanent employee whose salary or wage is paid directly by warrant of the director of budget and management shall be granted three consecutive working days of bereavement leave with pay upon the death of a member of the employee's immediate family. Bereavement leave shall not exceed twenty-four scheduled work hours. Compensation for bereavement leave shall be equal to the employee's base rate of pay. Part-time permanent employees shall be granted bereavement leave based on the number of hours they would have normally been scheduled to work.

R.C. 119.032 review dates: 09/16/2013 and 09/15/2018
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.387
Prior Effective Dates: 6/26/94, 4/5/99, 12/1/06, 4/7/13

123:1-34-10 Voluntary cost saving program.

(A) Pursuant to division (B) of section 124.392 of the Revised Code, the voluntary cost savings (VCS) program has been created as a tool for an appointing authority to reduce costs. A VCS program provides employees who are exempt from collective bargaining and paid by a warrant of the director of the office of budget and management with the opportunity to reduce their schedule or be in a no pay status for a period of time without reducing certain benefits or requiring them to exhaust paid leave.

(B) Approval. An appointing authority shall notify the director of administrative services of its intent to establish and implement a VCS program and receive the director's approval before the program can become effective. The notice shall include:

(1) A description of the proposed VCS program indicating whether the appointing authority will offer one or both of the options outlined in paragraph (D) of this rule;

(2) A description of the proposed VCS program's compliance with paragraphs (C) to (J) of this rule;

(3) The approximate number of employees eligible to participate in the proposed VCS program;

(4) A copy of the proposed VCS program agreement to be used by the appointing authority in compliance with paragraph (K) of this rule; and

(5) The anticipated duration and availability of the proposed VCS program.

(C) Eligibility. A full-time or part-time permanent employee who is paid by warrant of the director of budget and management and has successfully completed an initial or promotional probationary period shall be eligible to participate in the VCS program. The VCS program shall be administered on a strictly voluntary basis.

(D) An appointing authority may propose a VCS program that includes either or both of the options listed in this paragraph. If an appointing authority proposes both options, it must also state whether an employee may utilize both options during the same fiscal year.

(1) Reduction of hours. A full-time permanent employee may reduce the hours worked by no less than eight hours and no more than forty hours per pay period. The maximum amount of time an employee may use this option is for five hundred twenty hours in a fiscal year or for a total of six months, whichever comes first.

(2) Unpaid leave of absence. A full-time or part-time permanent employee may take an unpaid leave of absence for two to thirteen week periods within a fiscal year.

(E) Leave accrual. An employee's accruals of vacation, sick, or personal leave shall not be impacted by the employee's participation in a VCS program.

(F) Service credit. An employee who reduces hours worked pursuant to paragraph (D)(1) of this rule shall not incur a break in service. An employee who takes an unpaid leave of absence pursuant to paragraph (D)(2) of this rule shall not incur a break in service as long as the employee returns to employment.

(G) Retention points. An employee who reduces hours worked pursuant to paragraph (D)(1) of this rule will be treated as a full-time employee for purposes of calculating retention points. An employee who takes an unpaid leave of absence pursuant to paragraph (D)(2) of this rule shall have the employee's retention points calculated in accordance with the employee's regular appointment type as long as the employee returns to employment.

(H) Health insurance. An employee who reduces hours worked pursuant to paragraph (D)(1) of this rule shall maintain full-time status for purposes of health insurance premiums. An employee who takes an unpaid leave of absence pursuant to paragraph (D)(2) of this rule is responsible for the employee's share of insurance premiums for all insurance programs in which the employee is enrolled at the time of the leave. It is the employee's responsibility to make payment arrangements with the appropriate payroll officer prior to the leave commencing. The state shall maintain the employer's share of any applicable insurance premiums during utilization of this option.

(I) Unemployment benefits. An employee participating in this program shall not be eligible for unemployment benefits.

(J) Holiday pay. An employee participating in a VCS program on a day contiguous to a holiday is eligible to receive holiday pay pursuant to section 124.18 of the Revised Code.

(K) VCS program agreement approval process.

(1) An employee seeking to participate in the VCS program must complete and submit a signed VCS program agreement to the appointing authority at least thirty days prior to commencement of the leave of absence or implementation of a reduced schedule. An appointing authority may waive the thirty day notice requirement and authorize a minimum of fewer than thirty days advanced notice.

(2) The appointing authority must sign the VCS program agreement for it to become effective.

(3) Even after the VCS program agreement is effective, the appointing authority retains the sole discretion to approve or deny an employee's leave request. The appointing authority must ensure that any impact on operations as a result of such work arrangements is minimal and additional costs do not result.

(4) The appointing authority shall notify an employee of the status of the request no later than seven days before the effective day of the leave of absence or the implementation of the reduced schedule.

(L) Termination. An appointing authority may terminate a VCS program agreement by providing ten working days notice in writing to the employee. An employee may terminate a VCS program agreement upon ten working days notice in writing to the appointing authority unless mutually agreed to otherwise by the employee and the appointing authority.

R.C. 119.032 review dates: 09/16/2013 and 09/15/2018
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.392
Prior Effective Dates: 9/3/06, 7/1/07, 7/1/2009 (Emer.), 9/27/09, 11/18/12

123:1-34-11 Mandatory cost savings program.

(A) Pursuant to division (C) of section 124.392 of the Revised Code, the mandatory cost savings program has been created as a tool to reduce costs. The program is a non-permanent reduction in wages for employees who are exempt from collective bargaining and paid by warrant of the director of budget and management. The program consists of either time off or loss of holiday pay as described in this rule.

(B) Except as provided in paragraph (H) of this rule, full-time permanent employees shall use ten cost savings days (CSDs) each fiscal year beginning July 1, 2009 and July 1, 2010 for a total of eighty hours each fiscal year. Full-time permanent employees who are hired after the effective date of this rule, but prior to the end of fiscal year 2010 or fiscal year 2011, shall use a prorated amount of CSDs equal to 3.076 hours for each pay period remaining in the fiscal year that they were hired.

(C) The employee's gross pay will be reduced by an amount equal to 3.076 hours of the employee's total rate of pay each pay period. this provision shall also apply to full-time employees who are receiving a paid leave benefit, including but not limited to, occupational injury leave, salary continuation, or disability benefits.

If the secretary of state, auditor of state, treasurer of state, or attorney general has confirmed participation in the CSDs program prior to the effective date of this rule, the gross pay of the impacted employees will be reduced by an amount equal to 3.076 hours of the employee's total rate of pay each pay period.

If the secretary of state, auditor of state, treasurer of state. or attorney general has not opted out of the CSDs program prior to the effective date of this rule, the statutory assumption of participation shall apply. The gross pay of the impacted employees will be reduced by an amount calculated by the department of administrative services based on the number of pay periods left in the fiscal year. The calculated amount will apply to employees of the impacted office wherever 3.076 appears in this rule instead of 3.076.

If the secretary of state, auditor of state, treasurer of state, or attorney general has modified the cost savings day amount for their respective employees pursuant to statutory authority, the gross pay of the impacted employees will be reduced by an amount calculated by the department of administrative services based on the number of pay periods left in the fiscal year. The calculated amount will apply to employees of the impacted office wherever 3.076 appears in this rule instead of 3.076.

(D) Scheduling CSDs. Leave for CSDs shall be scheduled as determined appropriate with respect to the employee's regular work schedule. No employee shall be permitted to use CSDs after May 31, 2011.

(1) In consultation with the department of administrative services, appointing authorities may indicate dates that employees may not schedule CSDs ("black out" days). Black out days may be work unit specific.

(2) Appointing authorities may not require their employees to utilize their CSDs on a specific work day without prior review and approval by the department of administrative services.

(3) Employees will schedule leave for CSDs in a manner determined by their appointing authority. Appointing authorities may set agency-specific criteria to determine whether or not to grant leave for CSDs for the dates the employee requests. If an appointing authority declines to grant a requested CSD, the employee shall request a different date. Appointing authorities must allow employees to schedule and take all of their CSDs by the end of each fiscal year.

(4) Employees who have planned retirement dates must schedule a prorated amount of CSDs equal to 3.076 hours each pay period they are scheduled to in state service prior to retirement.

(5) With respect to leave taken on or after October 1, 2009, employees must utilize CSDs prior to requesting any other prescheduled full-day of leave. If an employee requests a prescheduled full-day of leave prior to utilizing all CSDs and the appointing authority permits the employee to be out of the work place, the appointing authority shall count the leave as a cost savings day (CSD) instead of the type of leave requested. The employee may then designate which future-dated CSD request to cancel. This language is not intended to limit or prohibit the use of CSDs in less than full-day increments.

(6) Employees may use available CSDs to cover any waiting period that is required as part of a state-paid leave or benefits program for employees, such as adoption/childbirth leave or disability leave. For purposes of this rule, a CSD is only "available" for use during a waiting period if the employee's gross pay has been reduced by an amount sufficient to cover the use of the CSD.

(7) In consultation with the department of administrative services, the secretary of state, auditor of state, treasurer of state, or attorney general may adopt alternative policies regarding the scheduling of CSDs for their employees.

(E) The impact of CSDs on overtime and compensatory time.

(1) CSDs shall not be included in the definition of active pay status for the purpose of earning overtime or compensatory time for employees who are eligible to earn overtime.

(2) CSDs shall be included in the definition of active pay status for the purpose of earning compensatory time for employees that are not eligible to earn overtime.

(F) Equalization.

(1) Except as provided in paragraph (F)(2) of this rule, employees who are prevented by their appointing authority from taking CSDs shall have the appropriate corrections made to their paycheck .

(2) Employees shall not be entitled to receive compensation for unused CSDs if they are exempt from overtime compensation and are:

(a) In pay range fifteen or above on the E-1 scale;

(b) Annually paid $63,814 or above on the E-2 scale;

(c) Annually paid $63,814 or above through their appointing authority's ability to set compensation; or

(d) Working in the governor's office.

(3) Employees who leave state service prior to the equalization of CSDs used and deductions made, or prior to the equalization of holiday pay lost and deductions made, shall have appropriate corrections made to the employee's final paycheck or deducted from the employee's leave balances.

(G) Unpaid leave of absence. Employees who have prescheduled unpaid leave of absences shall use available CSDs prior to going out on the unpaid leave of absence. Employees who are not receiving compensation as a result of an unpaid leave of absence shall not be required to have their gross pay reduced during the pay periods they are out on unpaid leave. Upon their return to work, employees shall use a prorated amount of CSDs equal to 3.076 hours for each pay period remaining in the fiscal year.

(H) Individuals in the directors classification series will not be permitted out of the workplace for CSDs. The appointing authority may designate other individuals who are not permitted out of the workplace for CSDs only with the prior approval of the director of the department of administrative services.

(I) Instead of CSDs, the employees listed in paragraph (H) of this rule will not receive holiday pay for any holiday during each fiscal year beginning on July 1, 2009 and July 1, 2010 for a total of eighty hours each year. The employee's gross pay will be reduced by an amount equivalent to 3.076 hours of the employee's total rate of pay each pay period. This provision shall apply to full-time employees listed in paragraph (H) of this rule who are receiving a paid leave benefit, including but not limited to, occupational injury leave, salary continuation, or disability benefits.

(J) Part-time permanent employees will not receive holiday pay for any holiday during each fiscal year beginning on July 1, 2009 and July 1, 2010 for a total of ten days per year. Part-time permanent employees will lose their entire amount of holiday pay each pay period that contains a holiday. Part-time permanent employees will be given credit equivalent to four hours only for the purpose of computing leave accrual and calculating the benefits tier.

(K) Leave accruals and health insurance shall not be impacted for full-time employees who participate in the mandatory cost savings program.

(L) Participation in the mandatory cost savings program will not impact service credit or the calculation of retention points.

R.C. 119.032 review dates: 09/16/2013 and 09/15/2018
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.392
Prior Effective Dates: 7/1/2009 (Emer.), 9/27/09, 6/26/10