This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 123:1-32-01 | Availability and charge of sick leave, vacation leave, and personal leave and compensation for sick leave of employees paid by warrant of the director of budget and management.
Effective:
February 14, 2022
(A) Availability of sick leave, vacation
leave, and personal leave. Sick leave, vacation leave, and personal leave is
not available for use until it appears on the employee's earnings
statement and the compensation described in the earnings statement is available
to the employee. (B) Charge of sick leave, vacation leave,
and personal leave. Sick leave and vacation leave used by an employee whose
salary or wage is paid directly by warrant of the director of budget and
management shall be charged in minimum units of one-tenth of one hour. Personal
leave used by an employee whose salary or wage is paid directly by warrant of
the director of budget and management shall be charged as set forth in
paragraph (D) of rule 123:1-32-07 of the Administrative Code. Employees shall
be charged sick leave, vacation leave, and personal leave only for the days and
hours for which they would have otherwise been regularly scheduled to work.
Sick leave, vacation leave, and personal leave shall not exceed the amount of
time the employee would have been regularly scheduled to work in any pay
period. (C) Compensation for charged sick leave. Sick leave for an
employee whose salary or wage is paid directly by warrant of the director of
budget and management which is credited during or subsequent to the paycheck
which includes December 1, 1981 shall be exhausted before use of sick leave
accumulated prior to the paycheck which includes December 1, 1981 or sick leave
transferred from an entity not paid by warrant of the director of budget and
management pursuant to division (F) of section 124.382 of the Revised Code is
allowed. Compensation for sick leave used during each twelve-month period
beginning with the first paycheck the employee receives in December shall be at
the following established rates: (1) The initial forty
hours of sick leave shall be paid at a rate equal to the employee's base
rate of pay. (2) The next forty hours
of sick leave shall be paid at a rate equal to seventy per cent of the
employee's base rate of pay, except as provided in paragraph (C)(2)(a) or
(C)(2)(b) of this rule. (a) Overnight hospital stay or outpatient surgery. (i) If the hours or
portions thereof are associated with an overnight hospital stay by the
employee, the employee's spouse or a child residing with the employee or
are used before or after the aforementioned hospital stay and are contiguous to
the hospital stay, the sick leave hours shall be paid at a rate equal to the
employee's base rate of pay. (ii) If the hours or
portions thereof are associated with an outpatient surgery by the employee, the
employee's spouse or a child residing with the employee or are used before
or after the outpatient surgery and are contiguous to the outpatient surgery,
the sick leave hours shall be paid at the rate equal to the employee's
base rate of pay. (b) Sick leave requested at least thirty calendar days in advance
for prescheduled medical appointments for the employee, the employee's
spouse or a child residing with the employee may be supplemented at the
employee's request to one hundred per cent of pay with available sick
leave balances provided that a doctor's statement is submitted on the
first day the employee returns to work following the absence. (3) Sick leave used in
excess of eighty hours shall be paid at a rate equal to the employee's
base rate of pay. (4) Sick leave used to
supplement an approved disability leave, workers' compensation, or
adoption/childbirth leave benefit period shall be paid at a rate equal to the
employee's base rate of pay.
Last updated February 14, 2022 at 8:51 AM
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Rule 123:1-32-02 | Notification for use of sick leave by employees paid by warrant of the director of budget and management.
Effective:
December 1, 2006
(A) Notification. An employee who is unable to report for work, and who is not on a previously approved day of vacation, sick leave, personal leave, compensatory time, leave of absence, or other approved leave shall be responsible for notifying the employee's immediate supervisor or other individual designated by the appointing authority that he or she will be unable to report for work. The notification must be made within one-half hour after the time the employee is scheduled to report for work, unless emergency conditions prevent such notification. If operational needs of an appointing authority require a different notification time, the appointing authority may establish a reasonable notification time requirement. The appointing authority shall be responsible for informing all employees of the applicable notification policy. (B) Notification for extended sick leave. In the case of a condition exceeding three consecutive calendar days, a physician's statement specifying the employee's inability to report to work and the probable date of recovery may be required.
Last updated September 14, 2023 at 9:26 AM
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Rule 123:1-32-03 | Sick leave credit and charge of sick leave for employees of state colleges or universities.
Effective:
November 18, 2012
(A) Sick leave credit. All employees in the various offices of state colleges or universities, including part-time, seasonal, and intermittent, shall earn sick leave credit at the rate of four and six-tenths hours for each eighty hours of completed service. Sick leave credit shall be prorated to the hours of completed service in each pay period. (B) Charge of sick leave. Sick leave used by an employee in the various offices of state colleges or universities shall be charged in minimum units established by such offices. Employees shall be charged sick leave only for the days and hours for which they would have otherwise been regularly scheduled to work. Sick leave shall not exceed the amount of time an employee would have been regularly scheduled to work in any pay period.
Last updated September 14, 2023 at 9:26 AM
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Rule 123:1-32-04 | Notification for use of sick leave by employees of state colleges or universities.
Effective:
November 18, 2012
(A) Notification. An employee who is unable to report for work, and who is not on a previously approved day of vacation, sick leave, compensatory time, leave of absence, or other approved leave shall be responsible for notifying the employee's immediate supervisor or other individual designated by the appointing authority that he will be unable to report for work. The notification must be made within one-half hour after the time the employee is scheduled to report for work, unless emergency conditions prevent such notification. If operational needs of an appointing authority require a different notification time, the appointing authority may establish a reasonable notification time requirement. The appointing authority shall be responsible for informing all employees of the applicable notification policy. (B) Notification for extended sick leave. In the case of a condition exceeding seven consecutive calendar days, a physician's statement specifying the employee's inability to report to work and the probable date of recovery shall be required.
Last updated September 14, 2023 at 9:26 AM
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Rule 123:1-32-05 | Sick leave uses, evidence of use, and abuse for employees paid by warrant of the director of budget and management and employees of state colleges or universities.
Effective:
November 18, 2012
(A) Uses. With the approval of an employee's appointing authority, sick leave may be used by the employee only for the following reasons: (1) Illness, injury, or pregnancy-related condition of the employee. (2) Exposure of an employee to a contagious disease which could be communicated to and jeopardize the health of other employees. (3) Examination of the employee, including medical, psychological, dental, or optical examination, by an appropriate licensed practitioner. (4) Death of a member of the employee's immediate family. Such usage shall be limited to a reasonably necessary time beyond any bereavement leave benefit, not to exceed five days. (5) Illness, injury, or pregnancy-related condition of a member of the employee's immediate family where the employee's presence is reasonably necessary for the health and welfare of the employee or affected family member. (6) Examination, including medical, psychological, dental, or optical examination, of a member of the employee's immediate family by an appropriate licensed practitioner where the employee's presence is reasonably necessary. (7) Donation of leave to a co-worker in accordance with leave donation programs established pursuant to section 124.391 of the Revised Code. (B) Evidence of use. Each appointing authority may require an employee to furnish a satisfactory written, signed statement to justify the use of sick leave. If professional medical attention is required by the employee or member of the employee's immediate family, a certificate, from a licensed practitioner, stating the nature of the condition may be required by the appointing authority to justify the use of sick leave. Falsification of either the signed statement or a physician's certificate shall be grounds for disciplinary action which may include dismissal. (C) Abuse. An employee who fails to comply with this chapter and sections 124.38 and 124.382 of the Revised Code shall not be allowed to use sick leave for time absent from work under such non-compliance. Application for use of sick leave with the intent to defraud shall be grounds for disciplinary action which may include dismissal.
Last updated September 14, 2023 at 9:26 AM
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Rule 123:1-32-06 | Inadequate sick leave for employees paid by warrant of the director of budget and management and employees of state colleges or universities.
Effective:
November 18, 2012
If any disabling illness or injury continues past the time for which an employee has accumulated sick leave, the appointing authority may authorize a leave of absence without pay in accordance with Chapter 123:1-34 of the Administrative Code or if the employee is eligible, recommend disability leave benefits in accordance with Chapter 123:1-33 of the Administrative Code.
Last updated September 14, 2023 at 9:26 AM
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Rule 123:1-32-07 | Personal leave with pay and charge of personal leave for employees paid by warrant of the director of budget and management.
Effective:
January 6, 2019
(A) Eligibility for personal 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
eligible for personal leave with pay which may be used for any matter of a
personal nature. (B) Credit of personal leave. Each
full-time permanent employee shall be credited with thirty-two hours of
personal leave each year. Each part-time permanent employee shall be credited
with a prorated portion of personal leave each pay period at the rate of
.015375 hours per non-overtime hour in active pay status. Such credit shall be
made to each eligible employee in the first paycheck the employee receives in
December. Employees who are in no pay status at the time the credit is made
shall have their personal leave reduced upon their return by one and two-tenths
hours for each full pay period the employee spent in no pay
status. (C) Compensation. Compensation for
personal leave shall be equal to an employee's base rate of
pay. (D) Charge of personal leave. For each
instance of personal leave use, personal leave shall be charged in an initial
minimum unit of two hours; personal leave used after the initial two hour
minimum unit shall be charged in units of one-tenth hour. Personal leave may be
used in initial minimum units of less than two hours only if the employee is
using personal leave to supplement disability, workers' compensation or
childbirth/adoption leave. Employees shall be charged personal leave only for
the days and hours for which they would have otherwise been scheduled to work,
but shall not include scheduled overtime. (E) Notification and approval of use of
personal leave. Employees may use personal leave upon giving reasonable notice
to the employee's supervisor or other responsible administrative officer
of an appointing authority. Such requests should be in writing. Requests
should, when possible, be made a reasonable time in advance of the date or
dates requested for use of personal leave unless the use is for an emergency
situation. State agencies, boards, and commissions should establish procedures
implementing the provisions of this paragraph and shall be responsible for
informing all employees of the notification policy. Reasonable notification
policies should be based upon the operational requirements of an
agency. (F) Personal leave may not be used to extend an employee's
date of resignation or date of retirement.
Last updated September 14, 2023 at 9:26 AM
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Rule 123:1-32-08 | Conversion or carry-forward of sick leave or personal leave credit at year's end for employees paid by warrant of the director of budget and management.
Effective:
December 1, 2006
(A) Conversion or carry-forward of sick leave credit or personal leave credit at year end. An employee whose wage or salary is paid by warrant of the director of budget and management shall have, pursuant to the following provisions, the option to convert to cash benefit payable on the first payday in December or carry forward the balance of any unused sick leave credit or personal leave credit at year's end. (1) Sick leave credit conversion or carry-forward. An employee who accrues sick leave pursuant to section 124.382 of the Revised Code and rule 123:1-32-01 of the Administrative Code shall have at year's end the following options with regard to the portion of sick leave credit: (a) Carry forward the balance of sick leave credit. (b) Receive a cash benefit conversion for the unused balance of sick leave credit. An employee serving in a temporary work level or an interim appointment who elects to convert unused sick leave to cash shall do so based on the base rate of pay of his or her normal classification. Unused sick leave shall be converted at a rate based on the amount of sick leave remaining as of the last day of the pay period preceding the first paycheck the employee receives in December as described below: (i) An employee who did not use sick leave during or subsequent to the pay period preceding the first paycheck the employee receives in December may convert up to eighty hours of unused sick leave at a rate equal to eighty per cent of the employee's base rate of pay. (ii) An employee who used eight hours of sick leave or less may convert eighty hours, less the amount of leave used, at a rate equal to seventy-five per cent of the employee's base rate of pay. (iii) An employee who used more than eight hours but less than sixteen and one tenth of one hour of sick leave may convert eighty hours, less the amount of leave used, at a rate equal to seventy per cent of the employee's base rate of pay. (iv) An employee who used more than sixteen hours but less than twenty-four and one tenth of one hour of sick leave may convert eighty hours, less the amount of the leave used, at a rate equal to sixty-five per cent of the employee's base rate of pay. (v) An employee who used more than twenty-four hours but less than thirty-two and one tenth of one hour of sick leave may convert eighty hours, less the amount of leave used, at a rate equal to sixty per cent of the employee's base rate of pay. (vi) An employee who used more than thirty-two hours of sick leave may convert eighty hours, less the amount of leave used, at a rate equal to fifty-five per cent of the employee's base rate of pay. (c) Carry forward a portion of the balance of sick leave credit and receive a cash benefit conversion of a portion of the sick leave credit as provided in paragraph (A)(1)(b) of this rule. (2) Personal leave credit conversion or carry forward. Employees who are credited with personal leave pursuant to section 124.386 of the Revised Code and rule 123:1-32-07 of the Administrative Code shall have at year-end the following options with regard to the unused portion of personal leave credit: (a) Carry forward the balance of personal leave credit up to a maximum of eight hours. (b) Convert the balance of personal leave to accumulated sick leave to be used in the manner provided by section 124.382 of the Revised Code and the appropriate administrative rules. (c) Receive a cash benefit conversion for the unused balance of personal leave payable on the first payday in December. The cash benefit conversion shall equal one hour of the employee's base rate of pay for every one hour unused credit that is converted. An employee serving in a temporary work level or an interim appointment who elects to convert unused personal leave to cash shall do so based on the base rate of pay of his or her normal classification. (B) Limitations of conversion of sick leave credit at year's end. (1) The options for conversion of sick leave credit listed in paragraphs (A)(1)(b) and (A)(1)(c) of this rule can only be utilized for sick leave credited an employee in the year in which it is accrued. (2) The failure of an employee to utilize one of the sick leave conversion options listed in paragraphs (A)(1)(b) and (A)(1)(c) of this rule shall result in the automatic carry-forward of any balance of sick leave credit. (C) Applicability of retirement system deductions to sick leave credit cash conversions. Any cash benefit conversions of sick leave or personal leave made at year end under the provisions of this rule shall not be subject to contributions to any of the retirement systems either by the employee or the employer. (D) Notification of option to convert sick leave credit or personal leave credit at year end. An employee eligible to receive a cash benefit conversion of sick leave credit or personal leave credit at year's end must indicate their desire to convert any sick leave or personal leave no later than the end of the pay period that includes the first day of November. Each appointing authority shall be responsible for reporting the conversion requests to the department of administrative services.
Last updated September 14, 2023 at 9:27 AM
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Rule 123:1-32-09 | Conversion of sick leave and personal leave credit upon separation from service for employees paid by warrant of the director of budget and management.
Effective:
October 6, 2013
An employee whose salary or wage is paid by warrant of the director of budget and management shall be entitled, upon separation for any reason, to a cash conversion benefit for unused sick leave and personal leave credit pursuant to the provisions of this rule and sections 124.384 and 124.386 of the Revised Code. For purposes of this rule the term "separation" shall mean any voluntary or involuntary termination from service, including, resignation, disability separation, retirement, removal from service, and layoff from service, but does not include death of an employee. (A) Conversion to cash benefit of accumulated sick leave credit for an employee whose salary or wage is paid by warrant of the director of budget and management. (1) General. An employee who has accumulated sick leave under the provisions of section 124.382 of the Revised Code shall be entitled to a cash benefit conversion of the accumulated unused sick leave balance upon separation of service. Such conversion must occur within three years from the employee's date of separation from service. (2) Eligibility. In order to be eligible for the accumulated sick leave cash conversion benefit authorized by this rule an employee must have at least one year of state service prior to separation. (3) Determination of amount of sick leave to be converted. An employee about to separate or who has separated from state service shall designate in writing the percentage or portion of his or her sick leave balance to be converted to cash. The portion of the accumulated sick leave credit not converted to cash at separation may be converted within three years from the employee's date of separation pursuant to this rule or restored to the employee's sick leave credit upon the employee's reinstatement or reemployment to state service pursuant to rule 123:1-32-10 of the Administrative Code. If an employee fails to designate the portion or percentage of the accumulated sick leave to be converted to the cash benefit, the entire amount of sick leave credit accumulation shall be converted to cash benefit. (4) Payment. Payment for that percentage or portion of sick leave an employee desires to convert to a cash benefit shall be made at the employee's base rate of pay at the time of separation at the rate of one hour of pay for every two hours of accumulated balances. Payment for unused sick leave for an employee who retires from a state retirement system shall be at the rate of fifty-five per cent of the employee's base rate of pay at the time of the effective date of the employee's retirement. Payment for an employee serving in a temporary work level or an interim appointment shall be based on the base rate of pay of the employee's normal classification. (5) A separated employee may convert all or a portion of any remaining sick leave balance one time during each twelve-month period subsequent to the employee's date of separation. A separated employee who does not convert sick leave to cash within three years from the date of separation is no longer eligible to convert such leave to cash. If a separated employee returns to service in a position that is not eligible to accrue leave, this provision applies to the employee's original date of separation and the employee is still eligible to convert any remaining sick leave balance pursuant to this rule. Any remaining sick leave balances may be restored to the employee's sick leave credit upon reinstatement or reemployment to state service pursuant to rule 123:1-32-10 of the Administrative Code. (B) Conversion to cash benefit of accumulated personal leave credit. (1) An employee whose salary or wage is paid by warrant of the director of budget and management who has accumulated personal leave credit under the provisions of section 124.386 of the Revised Code and rule 123:1-32-07 of the Administrative Code shall be entitled to, upon separation of service, a cash benefit conversion for personal leave credit pursuant to division (E) of section 124.386 of the Revised Code. (2) Payment for accumulated unused personal leave credit shall be at a rate equal to an employee's base rate of pay. Payment for an employee serving in a temporary work level or an interim appointment shall be based on the base rate of pay of the employee's normal classification. (C) Notification of option to convert sick leave and personal leave credits. Appointing authorities shall be responsible for notifying employees in writing of their right to convert sick leave and personal leave credits upon separation.
Last updated September 14, 2023 at 9:27 AM
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Rule 123:1-32-10 | Transfer of sick leave, personal leave and vacation leave credits, restoration of sick leave, personal leave and vacation leave credit.
(A) Transfer of leave. (1) Transfer of sick leave credit. An employee who transfers from one public agency to another, shall be credited with the unused balance of the accumulated sick leave credit up to the maximum sick leave accumulation permitted in the public agency to which the employee transfers. An employee who is paid directly by warrant of the director of the office of budget and management that transfers to a public agency in which employees are paid directly by warrant of the director of budget and management shall be credited with the entire unused sick leave balance. (2) Transfer of personal leave credit. An employee who transfers from one public agency to another shall be credited with the unused balance of his or her entire personal leave credit, provided that if the employee is no longer eligible to receive personal leave credit in accordance with section 124.386 of the Revised Code, the employee will receive personal leave cash conversion benefits as provided in division (E) of section 124.386 of the Revised Code. (3) Transfer of vacation leave credit. (a) An employee who transfers from one public agency to another shall be credited with the unused balance of the accumulated vacation leave credit up to the maximum vacation leave accumulation permitted by the public agency to which the employee transfers. For purposes of this rule, "public agency" includes both county and state of Ohio service for purposes of transferring unused vacation pursuant to section 124.13 of the Revised Code. (b) When an employee transfers from a position that has been authorized for an annual leave accrual maximum greater than the maximum allowed in division (B) of section 124.134 of the Revised Code, the employee forfeits the right to be credited with the vacation leave that is in excess of the maximum allowed by division (B) of section 124.134 of the Revised Code, and instead shall receive payment for the excess leave at a rate equal to the employee's base rate of pay for the position authorizing the greater annual leave accrual maximum. (c) When an employee transfers from one public agency to another the releasing public agency shall provide the receiving public agency with documentation certifying the employee's balance to be transferred and that the releasing agency has eliminated the balance from their records upon transfer. (B) Restoration of leave credit upon reemployment. An employee shall be responsible for notifying the employee's current appointing authority of the amount of unconverted leave and that employee shall provide reasonable documentation in support of any claim. Upon request by that employee or the employee's current appointing authority, the employee's previous appointing authority shall provide the employee or the employee's appointing authority with adequate documentation regarding the previously accumulated leave of which the former appointing authority is aware. (1) Restoration of sick leave credit. An employee who is rehired within ten years of the employee's separation from state service to a position that is eligible to accrue leave shall be credited with any sick leave that has not been converted to cash and shall be prohibited from further conversion until separation from state service unless the conversion is pursuant to section 124.383 of the Revised Code. (a) An employee who had previously accumulated sick leave credit under the provisions of section 124.382 of the Revised Code and rule 123:1-32-01 of the Administrative Code, shall, upon reemployment in the public service, have restored all unused sick leave credit which was not converted to a cash benefit under the provisions of section 124.384 of the Revised Code or any other conversion provisions provided the employee is reemployed within ten years. (b) An employee who had previously accumulated sick leave credit under the provisions of section 124.38 of the Revised Code shall upon reemployment in the public service have restored all unused sick leave credit which was not converted to a cash benefit under any policies or provisions established by the employee's employing agency or political subdivision provided the employee is reemployed within ten years. (2) Restoration of personal leave credit. An employee who had previously accumulated personal leave credit under the provisions of section 124.386 of the Revised Code shall, upon reemployment in the public service, have restored all accrued and unused personal leave credit which was not converted to a cash benefit, provided the employee is reemployed within thirty days of the date on which the employee was last separated from public service. (3) Restoration of vacation leave credit. An employee who had previously accumulated vacation leave credit under the provisions of section 124.134 of the Revised Code shall, upon reemployment in the public service, have restored all accrued and unused vacation leave credit which was not converted to a cash benefit, up to a maximum allowable for the employee's new position, provided the employee is reemployed within thirty days of the date on which the employee was last separated from public service. If the employee has more vacation leave credit than allowable under the new position, the employee shall receive payment for the excess leave at a rate equal to the employee's base rate of pay for the position authorizing the greater annual accrual maximum. (4) Failure to notify. If an employee fails to notify the appointing authority of the employee's desire to restore leave and the leave is then converted to cash, the employee waives the ability to restore the accrued and unused leave credit.
Last updated September 14, 2023 at 9:27 AM
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Rule 123:1-32-11 | Leave retention options for employees appointed to positions governed by section 121.03 of the Revised Code or a similar position that does not accrue leave.
Effective:
September 3, 2006
(A) Sick leave. Upon appointment to a position governed by section 121.03 of the Revised Code or a similar position that does not accrue sick leave under section 124.38 or 124.382 of the Revised Code, an employee with accrued and unused sick leave balances may: (1) Receive compensation at the employee's base rate of pay for all accrued and unused sick leave accrued under sections 124.38 and 124.382 of the Revised Code. The employee shall be compensated at the employee's base rate of pay at the rates established in division (A) of section 124.384 of the Revised Code, or; (2) Retain the accrued and unused sick leave and, upon completion of the employee's appointment, receive compensation at the employee's then current base rate of pay at the rates established in division (A) of section 124.384 of the Revised Code for all accrued and unused sick leave accrued under section 124.38 or 124.382 of the Revised Code, provided that the employee does not return to a position in the state service that accrues sick leave under section 124.38 or 124.382 of the Revised Code. (B) Personal leave. Upon appointment to a position governed by section 121.03 of the Revised Code or a similar position that does not accrue personal leave under section 124.386 of the Revised Code, an employee with accrued and unused personal leave balances may: (1) Receive compensation at the employee's base rate of pay for all accrued and unused personal leave accrued under section 124.386 of the Revised Code, or; (2) Retain the accrued and unused personal leave and, upon completion of the employee's appointment, receive compensation at the employee's then current base rate of pay for all accrued and unused personal leave accrued under section 124.386 of the Revised Code, provided that the employee does not return to a position in the state service that accrues personal leave under section 124.386 of the Revised Code. (C) Vacation leave. Upon appointment to a position governed by section 121.03 of the Revised Code or a similar position that does not accrue vacation leave under section 124.13 or 124.134 of the Revised Code, an employee with accrued and unused vacation leave balance may: (1) Receive compensation at the employee's base rate of pay for all accrued and unused vacation leave accrued under section 124.13 or 124.134 of the Revised Code, or; (2) Retain the accrued and unused vacation leave and, upon completion of the employee's appointment, receive compensation at the employees then current base rate of pay for all accrued and unused vacation leave accrued under section 124.13 or 124.134 of the Revised Code, provided that the employee does not return to a position in the state service that accrues vacation leave under section 124.13 or 124.134 of the Revised Code.
Last updated September 14, 2023 at 9:27 AM
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