Chapter 123:1-34 Leave

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.

(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.

Effective: 07/01/2007

R.C. 119.032 review dates: 07/12/2010

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

(A) An appointing authority shall grant civic duty leave with full pay to any employee 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 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, when such duty is performed during an employee’s normal working hours, shall be remitted by a county human services employee to the payroll officer for transmittal to the county treasurer. 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.

Effective: 12/01/2006

R.C. 119.032 review dates: 09/14/2006 and 12/01/2011

Promulgated Under: 119.03

Statutory Authority: 124.09(A)

Rule Amplifies: 124.135

Prior Effective Dates: 1/10/82, 11/10/96, 9/28/97, 7/1/06

State employees who are members of the Ohio national guard, the Ohio defense corps, the Ohio naval militia, or members of other reserve components of the armed forces of the United States are entitled to a military leave of absence from their duties without loss of pay, for such time as they are in the military service on field training or active duty for a period not to exceed thirty-one days in any one calendar year. The maximum number of hours for which payment can be made in any one calendar year is one hundred seventy-six hours.

(A) Compensation. State employees shall receive compensation they would have received for up to thirty-one days in a calendar year even though they served for more than thirty-one days of such year on field training or active duty. There is no requirement that the service be for one continuous period of time.

(B) Evidence of military duty. State employees are required to submit to their appointing authority an order or statement from the appropriate military commander as evidence of military duty before military leave with pay will be granted.

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

Promulgated Under: 119.03

Statutory Authority: 124.09, 124.29, 5903.02

Rule Amplifies: 124.29, 5903.02, 5923.05

Prior Effective Dates: 1/10/82

A permanent public employee shall be granted, upon giving notice to his or her appointing authority, a leave of absence to serve in the uniformed service, as defined in section 5903.01 of the Revised Code. This leave shall be without pay and shall be considered as a leave of absence from service with reinstatement rights. No single leave of absence or combination of uniformed service leaves of absence may exceed five years or a single, longer period required to complete an initial period of obligated service.

(A) Continuation of health insurance and related benefits. Employees on uniformed service leave without pay for up to thirty days must be given the option of making direct payments of the employee’s share of the health insurance premium. Employees with longer periods of service must be given the option of continuing health care coverage and related benefits for up to eighteen months. Such continuation shall be at the employee’s expense. And the employee may be required to pay up to one hundred and two per cent of the entire health insurance and related benefits premium costs.

(B) Application for reinstatement. An employee returning from uniformed service leave without pay must apply for reinstatement. The application must be made to the employee’s appointing authority, or to the director of administrative services if the employee’s agency is no longer in existence, within the period set forth below.

(1) Leave of less than thirty days: immediately upon release from uniformed service, but appointing authorities must allow for travel time and eight hours of rest;

(2) Leave of thirty-one to one hundred and eighty days: within fourteen days of completing uniformed service requirement: or

(3) Leave of more than one hundred and eighty days: within ninety days of completing uniformed service requirement.

If the leave of absence was for more than ninety days, the appointing authority may require, with the application, evidence showing that the application is timely. The duration of all such leaves of absence does not exceed five years or the time to complete the initial period of obligated service, and the employee’s entitlement to reemployment has not terminated according to the circumstances described in 38 U.S.C.A. 4304, effective October 13, 1994.

(C) Reinstatement. Upon return from a period of duty in the uniformed service lasting ninety calendar days or less, the employee shall be returned to the same or similar position within the employee’s former classification. If the period of duty lasts more than ninety days, the employee may be placed in any position of equivalent status, seniority, and pay. Regardless of the duration of duty, if the appointing authority demonstrates to the director that reinstatement is impossible or would impose undue hardship, the employee may be assigned to another position with like seniority, status, and pay or the nearest approximation thereof consistent with the circumstances of the case.

(D) Permanent disability. If the employee is unable to perform the duties of his or her former position by reason of injury or illness incurred or aggravated during uniformed service, the appointing authority shall make reasonable efforts to accomodate the employee’s disability. These efforts shall include placing the employee in another position in which the employee is qualified and able to perform the essential duties that will provide similar status, seniority, and pay.

(E) Temporary disability. If an employee who is entitled to reinstatement under this rule is unable to report for or perform the duties of his or her position at the date of his or her application for reinstatement because of an injury or illness incurred or aggravated during uniformed service, he or she shall have up to two years to recover from that illness or injury before being required to report or reapply.

(F) Benefits upon reinstatement. A reinstated employee shall receive all rights and benefits generally available to employees in a comparable leave of absence without pay, including the following:

(1) All sick leave, vacation leave, and personal leave which had been accumulated at the time of entering service.

(2) All seniority which would have accrued had the employee been on the job.

(3) Automatic salary adjustments associated with the position and due the employee had the employee been on the job.

(4) Any change in classification or pay range which would be due the employee had the employee been on the job.

(5) Reinstituted health insurance and related insurance benefits with no waiting periods or pre-existing condition exclusions.

(G) Termination.

(1) Uniformed service lasting between thirty-one and one hundred and eighty days. Employees reinstated after uniformed service leave without pay lasting from thirty-one to one hundred and eighty days shall not be terminated from their position within one hundred and eighty days of reinstatement without cause.

(2) Uniformed service lasting one hundred and eighty days or more. Employees reinstated after uniformed service leave lasting one hundred and eighty-one days or more shall not be terminated from their positions within one year of reinstatement without cause.

(H) Agency no longer in existence. Where an employee is entitled to be reinstated to a position in accordance with this rule and the agency with which such person was employed is either no longer in existence and its functions have not been transferred to any successor agency, or that for any reason it would be unreasonable or would impose undue hardship to restore the employee to the agency, the director shall determine whether there is a similar position for which the employee is qualified and which is either vacant or held by an employee on temporary appointment with any other agency. If such a position exists, the employee shall be reinstated to that position by the agency in which it exists.

(I) Extended duty and reenlistment. The provisions of this rule do not apply to an employee who accrues more than five years of cumulative, uniformed service, except as provided in 38 U.S.C. 4312, effective October 9, 1996.

Effective: 02/19/2008

R.C. 119.032 review dates: 11/29/2007 and 02/19/2013

Promulgated Under: 119.03

Statutory Authority: 124.29, 5903.02

Rule Amplifies: 124.29, 5903.02

Prior Effective Dates: 1/10/82, 5/24/98

Any employee of the state or a political subdivision 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. The events covered by this rule are the winter olympic games, the summer olympic games, and the Pan-Am games. 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 ompetition 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: 04/11/2007 and 04/11/2012

Promulgated Under: 119.03

Statutory Authority: 9.46, 124.09

Rule Amplifies: 9.46

Prior Effective Dates: 1/10/82

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 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.

Effective: 12/01/2006

R.C. 119.032 review dates: 09/14/2006 and 12/01/2011

Promulgated Under: 119.03

Statutory Authority: 124.09(A)

Rule Amplifies: 124.387

Prior Effective Dates: 6/26/94, 4/5/99

(A) Pursuant to 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 (I) of this rule; and

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

(C) Eligibility. Full-time or part-time permanent employees who are paid by warrant of the director of budget and management and have 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. Full-time permanent employees may reduce their 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. Full-time or part-time permanent employees may take unpaid leaves of absence for two to thirteen week periods within a fiscal year.

(E) Leave accrual. Employees who reduce their hours worked pursuant to paragraph (D)(1) of this rule shall accrue vacation and sick leave on a pro-rated basis based on the number of hours spent in active pay status. Employees who take an unpaid leave of absence pursuant to paragraph (D)(2) of this rule shall not accrue any vacation or sick leave while in inactive pay status. The utilization of either option shall have no impact on an employee’s accrual of personal leave.

(F) Service credit. Employees who reduce their hours worked pursuant to paragraph (D)(1) of this rule shall not incur a break in service and will be treated as full-time employees for purposes of calculating retention points. Employees who take an unpaid leave of absence pursuant to paragraph (D)(2) of this rule shall not incur a break in service and will be treated as their regular appointment type for purposes of calculating retention points as long as the employee returns to employment.

(G) Health insurance. Employees who reduce their hours worked pursuant to paragraph (D)(1) of this rule shall maintain full-time status for purposes of health care coverage, benefits, and premiums. Employees who take an unpaid leave of absence pursuant to paragraph (D)(2) of this rule are responsible for their 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 their payroll officer prior to the leave commencing. The state shall maintain the employer’s share of the premiums during utilization of this option.

(H) Unemployment benefits. Employees participating in this program shall not be eligible for unemployment benefits.

(I) VCS program agreement approval process.

(1) Employees seeking to participate in the VCS program must complete and submit a signed VCS program agreement to their 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.

(J) 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.

Effective: 07/01/2007

R.C. 119.032 review dates: 09/03/2011

Promulgated Under: 119.03

Statutory Authority: 124.09

Rule Amplifies: 124.392

Prior Effective Dates: 9/3/06