Chapter 123:1-46 Miscellaneous Provisions

123:1-46-01 Weather emergencies.

(A) A weather emergency may be declared by the governor or the governor's designee for purposes of limiting a state employee's obligation to travel to and from work for a specific period of time. State employees will be compensated at their regular rate of pay for the number of hours for which they were scheduled to work during the emergency period if they were instructed not to report to work or were sent home.

(B) Employees not scheduled to work because of scheduled vacation or continuing sick leave will be charged for the leave regardless of the declared emergency. If vacation or sick leave ends prior to the end of the declared emergency, no leave time will be charged for the remainder of the emergency.

(C) An employee who is absent, tardy or leaves work early on days when weather conditions interfere with travel but when no emergency has been declared by the governor is absent without leave and therefore in no-pay status. The employee may with approval of the appointing authority account for time during which the employee was absent from his or her job due to inclement weather by working such time in addition to the employee's regular schedule or by charging it to vacation leave or compensatory time; otherwise, leave without pay will be charged. Inclement weather is not a valid reason for the use of sick leave.

(D) During weather emergencies, those agencies required to maintain twenty-four-hour or emergency service may continue to use available personnel beyond regularly scheduled hours. Eligible employees required by their appointing authority to work beyond their regular shift shall be paid overtime for such additional hours of work, in accordance with section 124.18 of the Revised Code. Time spent in non-duty status, such as sleep or recreation shall not be compensable.

(E) Appointing authorities with statutory authority to set rates of compensation may establish their own weather emergency policies.

R.C. 119.032 review dates: 06/14/2011 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.09 , 124.13 , 124.38
Prior Effective Dates: 1/10/82, 3/1/02, 7/1/06

123:1-46-02 Political activity of employees in the classified service of the state.

(A) The purpose of this rule is to provide appointing authorities, personnel officers, and others with guidelines concerning political activity. Employees in the classified service of the state are prohibited by section 124.57 of the Revised Code from engaging in political activity.

(1) "Classified service" means all persons in active pay status serving in the competitive classified civil service of the state. Unless specifically exempted from the classified service in accordance with the Revised Code and these rules, an employee shall be considered to be in the classified service for purposes of this rule.

(2) "Political activity" and "politics" refer to partisan activities, campaigns, and elections involving primaries, partisan ballots, or partisan candidates.

(B) Examples of permissible activities for employees in the classified service include, but are not limited to the following:

(1) Registration and voting;

(2) Expression of opinions, either oral or written;

(3) Voluntary financial contributions to political candidates or organizations;

(4) Circulation of nonpartisan petitions, petitions that do not identify with any particular party, or petitions stating views on legislation;

(5) Attendance at political rallies;

(6) Signing nominating petitions in support of individuals;

(7) Display of political materials in the employee's home or on the employee's property;

(8) Wearing political badges or buttons, or the display of political stickers on private vehicles; and

(9) Serving as a precinct election official under section 3501.22 of the Revised Code.

(C) The following activities are prohibited to employees in the classified service:

(1) Candidacy for public office in a partisan election;

(2) Candidacy for public office in a nonpartisan general election if the nomination to candidacy was obtained in a partisan primary or through the circulation of nominating petitions identified with a political party;

(3) Filing of petitions meeting statutory requirements for partisan candidacy to elective office;

(4) Circulation of official nominating petitions for any candidate participating in a partisan election;

(5) Service in an elected or appointed office in any partisan political organization;

(6) Acceptance of a party-sponsored appointment to any office normally filled by partisan election;

(7) Campaigning by writing for publications, by distributing political material, or by writing or making speeches on behalf of a candidate for partisan elective office, when such activities are directed toward party success;

(8) Solicitation, either directly or indirectly, of any assessment, contribution or subscription, either monetary or in-kind, for any political party or political candidate;

(9) Solicitation of the sale, or actual sale, of political party tickets;

(10) Partisan activities at the election polls, such as solicitation of votes for other than nonpartisan candidates and nonpartisan issues;

(11) Service as witness or challenger for any party or partisan committee;

(12) Participation in political caucuses of a partisan nature; and

(13) Participation in a political action committee which supports partisan activity.

(D) An employee in the classified service who engages in any of the activities listed in paragraphs (C)(1) to (C)(13) of this rule is subject to removal from his or her position in the classified service. The appointing authority may initiate such removal action in accordance with the procedures in section 124.34 of the Revised Code. The director may also institute an investigation or action in case of a violation.

(E) Employees in the unclassified service service of the state, are not prohibited from engaging in political activity unless specifically precluded by federal or state constitutional or statutory provisions.

(F) Service in an appointed or elected position is prohibited when such position is subordinate to or in any way a check upon a position concurrently occupied by a classified or unclassified employee, or when it is physically impossible for one person to discharge the duties of both positions, or if some specific constitutional or statutory bar exists prohibiting a person from serving both positions.

(G) If any person holding public office or employment is convicted of violating the Revised Code provisions prohibiting abuse of political influence, such office or position shall thereby be rendered vacant.

Effective: 11/18/2012
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.57
Prior Effective Dates: 1/10/82, 9/12/96 (Emer.), 11/10/96, 7/1/97, 7/1/07

123:1-46-03 Experimental leave and benefits program.

(A) The director may establish for some or all employees of an agency, department, board or commission paid by warrant of the director of budget and management the allocation of vacation leave, sick leave, disability leave, personal leave, life insurance or medical insurance benefits that differ from these benefits as granted by sections 124.13 , 124.134 , 124.382 , 124.385 , 124.386 , 124.81 and 124.82 of the Revised Code. The director may establish different programs for employees of various agencies, departments, boards or commissions paid by warrant of the auditor of state.

(B) An agency that desires to establish an experimental leave and benefits program shall submit a written proposal to the director for review. The proposal shall include, but not be limited to the following:

(1) Statement of the reason, purpose or need for establishing such a program;

(2) Statement of the benefits or advantages to be derived from implementing such a program;

(3) The anticipated costs or savings as a result of the establishment of the program to include certification by the office of budget and management that funds are available if appropriate for the current biennium. Additionally, the agency must, if appropriate, indicate in writing that it will seek funding for the continuation of a program in a subsequent biennium;

(4) The number of employees affected by the program;

(5) The transition period and notice procedure to affected employees; and

(6) The duration of the program.

(C) The department of administrative services shall review all agency proposals to determine if these proposals meet the following criteria: (1) the program is fiscally responsible. The office of budget and management will be consulted to assist in making this determination, (2) the program establishes leaves or benefits that differ in, nature, quality, and amount provided by law under paragraph (A) of this rule, (3) the program is representative of trends in benefits administration, (4) program transition period or process will be established, including reasonable notice to affected employees and (5) the duration of the program does not exceed four years.

(D) If an agency proposal meets all of the criteria listed in paragraph (c) of this rule, that proposal shall be submitted by the department of administrative services in rule form to the joint committee on agency rule review in accordance with Chapter 119. of the Revised Code. The department of administrative services shall notify an agency of the disposition of a rule submitted to the joint committee on agency rule review.

(E) Agencies where an experimental program has been approved by the joint committee on agency rule review must maintain documentation as prescribed by the director of administrative services and provide the director with an annual report as prescribed. At the conclusion of the experimental program, each agency must submit an evaluation report to the director.

(F) No experimental program shall reduce the number of hours of vacation, sick or personal leave which an employee has accrued as of the effective date of the experimental program.

R.C. 119.032 review dates: 06/14/2011 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.133
Prior Effective Dates: 12/31/93, 3/1/02, 12/1/06

123:1-46-04 Leaves and benefits: adjutant general's full-time firefighters.

The following leaves and benefits shall be granted to eligible full-time firefighters employed by the adjutant general. For the purpose of being eligible to receive the following benefits, a full-time firefighter is an employee assigned within the personnel class series of 2659 who is regularly scheduled to work at least an average of one hundred four hours per pay period.

(A) Vacation leave. Each full-time firefighter shall accrue vacation leave at the following rates:

(1) Each full-time firefighter, after service of one year, shall have earned and will be due upon attainment of the first year of employment, and annually through the fourth year of employment, one hundred four hours of vacation leave with full pay. Full-time firefighters shall accrue vacation at the rate of four hours per pay period. Vacation accrual balance shall not exceed three hundred twelve hours.

(2) A full-time firefighter with at least five, but less than ten years of service shall have earned and is entitled to one hundred fifty six hours of vacation leave with full pay each year which shall accrue at the rate of six hours per pay period. Vacation accrual balance shall not exceed four hundred sixty eight hours.

(3) A full-time firefighter with at least ten, but less than fifteen years of service shall have earned and is entitled to two hundred ten hours of vacation leave with full pay each year which shall accrue at the rate of eight and one-tenth of an hour per pay period. Vacation accrual balance shall not exceed six hundred thirty hours.

(4) A full-time firefighter with at least fifteen, but less than twenty years of service shall have earned and is entitled to two hundred thirty four hours of vacation leave with full pay each year which shall accrue at the rate of nine hours per pay period. Vacation accrual balance shall not exceed seven hundred two hours.

(5) A full-time firefighter with at least twenty, but less than twenty-five years of service shall have earned and is entitled to two hundred sixty hours of vacation leave with full pay each year which shall accrue at the rate of ten hours per pay period. Vacation accrual balance shall not exceed seven hundred eighty hours.

(6) A full-time firefighter with at least twenty-five years of service shall have earned and is entitled to three hundred twelve hours of vacation leave with full pay each year which shall accrue at the rate of twelve hours per pay period. Vacation accrual balance shall not exceed nine hundred thirty-six hours.

(B) Sick leave. Each full-time firefighter shall have earned and is entitled to one hundred four hours of sick leave which shall accrue at the rate of four hours per pay period. Sick leave accrual balances shall not exceed one thousand three hundred fifty-two hours.

(C) Disability leave. Each full-time firefighter who is approved to receive disability leave benefits shall be entitled to receive such benefits based on their regular work schedule and shall not exceed one hundred four hours per pay period.

(D) Adoption/childbirth leave. Each full-time firefighter who is approved to receive adoption/childbirth leave benefits shall be entitled to receive such benefits based on their regular work schedule and shall not exceed one hundred four hours per pay period.

(E) Personal leave. Each full-time firefighter shall be credited with forty-one and six-tenths of an hour of personal leave on the base pay period which includes December 1, 1994. Each full-time firefighter who receives full-time appointment subsequent to the base pay period shall be credited with forty-one and six-tenths of an hour of personal leave less one and six-tenths of an hour for each pay period subsequent to the base pay period. The accrued personal leave balance for each full-time firefighter shall not exceed fifty hours. A full-time firefighter who separates from state service or is no longer a full-time firefighter during the year shall be entitled to compensation for all unused personal leave less one and six-tenths of an hour for each pay period that remains beginning with the first pay period following the date of separation until the pay period preceding the next base pay period.

Effective: 04/07/2013
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.138
Prior Effective Dates: 6/26/94, 5/5/95, 2/4/96, 11/1/09

123:1-46-05 Leave donation program.

(A) Definitions. As used in this rule:

(1) "Immediate family" has the same meaning as set forth in rule 123:1-47-01 of the Administrative Code.

(2) "New sick leave" means sick leave an employee has accrued pursuant to section 124.382 of the Revised Code on or after November 15, 1981.

(3) "Paid leave" means sick leave, personal leave or vacation leave. For purposes of this rule, "paid leave" does not include compensatory time.

(B) Employees Eligible to Receive Donated Paid Leave. An employee is eligible to receive donated paid leave if the employee:

(1) Is paid by warrant of the director of budget and management;

(2) Is employed by the same agency, board, or commission as the employee who is donating the paid leave;

(3) Is eligible to accrue and use sick leave when in active pay status;

(4) Has no accrued leave;

(5) Has a need for the paid leave due to the serious illness or injury of the employee or a member of the employee's immediate family; and

(6) Has applied for and not yet been approved for any state-paid leave, workers' compensation, or benefits program which is available to the employee. If the employee is not eligible for any such program, then this requirement is not applicable and does not impact the employee's eligibility to receive donated paid leave. An employee who has applied for these programs may use donated paid leave to satisfy the waiting period for any such benefits, if applicable. After the waiting period, donated paid leave may be used up to an amount equal to the benefit for which the employee has applied (e.g., sixty-seven per cent for disability benefits) while the employee's application is pending approval. If the employee's application for any state-paid leave is approved, the employee shall not use donated leave to supplement the approved state-paid leave.

(C) Employees Eligible to Donate Paid Leave. An employee is eligible to donate paid leave if the donating employee:

(1) Is paid by warrant of the director of budget and management;

(2) Is employed by the same agency, board, or commission as the employee receiving the donated paid leave;

(3) Voluntarily elects to donate paid leave and does so with the understanding that the donated paid leave will not be returned;

(4) Donates a minimum of eight hours of paid leave;

(5) Retains a combined leave balance of at least eighty hours after the donated paid leave is deducted from the donating employee's leave balances;

(6) Donates new sick leave, if the employee is donating sick leave; and

(7) Certifies, in writing, the following:

(a) The name of the eligible employee for whom the donated paid leave is intended;

(b) The pay period(s) to which the offer to donate leave is applicable;

(c) The type of paid leave and the number of hours to be donated, with the minimum number of such hours being eight;

(d) That the donating employee will retain a minimum combined leave balance of at least eighty hours after the donated paid leave hours have been deducted from the donating employee's balances; and

(e) That the leave is being donated by the employee voluntarily and that the employee understands that the donated paid leave will not be returned.

(D) General Principles.

(1) Donated paid leave shall be administered on a pay period by pay period basis.

Appointing authorities shall only deduct the maximum amount specified by the donating employee from the donating employee's leave balance, but under no circumstance shall an appointing authority deduct more from the donating employee's leave balance than the amount of leave that is necessary to bring the receiving employee up to the maximum number of hours the receiving employee is scheduled to work in the pay period. Banking of donated leave is not allowed. Leave accrued by an employee while using donated paid leave shall be used, if necessary, as soon as it is available before additional donated paid leave may be received and used by the employee.

(2) If an appointing authority receives more than one offer to donate leave to a qualifying employee for any pay period, the appointing authority shall process the requests in the order they are received.

(3) An eligible employee shall receive no more than 800 hours of donated leave from all sources combined in any calendar year period.

(4) Appointing authorities shall ensure that no employees are forced or coerced into donating paid leave. Leave donations are to be entirely voluntary on the part of the donating employee.

(5) Appointing authorities shall respect an employee's right to privacy. However, appointing authorities may, with the permission of the employee who is in need of donated paid leave, inform its employees of an employee's critical need for leave. Appointing authorities shall not directly solicit donated paid leave from its employees.

(6) Employees using donated paid leave are in active pay status and shall accrue leave and be entitled to any benefits to which they would otherwise be entitled. Donated paid leave shall never be converted to a cash benefit.

(7) Donated paid leave shall not count toward the probationary period of an employee who receives donated paid leave during the employee's probationary period.

Replaces: 123:1-46-05

Effective: 04/06/2014
R.C. 119.032 review dates: 03/19/2019
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.391
Prior Effective Dates: 10/25/95 (Emer.), 1/23/96, 11/10/96, 9/28/97, 12/1/06

123:1-46-06 Employee exchange program.

Pursuant to section 124.389 of the Revised Code, the employee exchange program has been created to facilitate the temporary assignment of employees who are exempt from collective bargaining and paid by warrant of the director of budget and management to another state agency, county office, political subdivision, or an outside governmental or non-governmental organization for the purpose of furthering the goals and objectives of the participating parties.

(A) Assignments made through this program may be for the purpose of:

(1) Providing program and developmental experience which will enhance employee performance;

(2) Pursuing innovative ideas to learn new approaches to governmental issues;

(3) Assisting in the use of new technologies;

(4) Involving as many participants as needed in the development of governmental policies and procedures; or

(5) Other purposes mutually agreed upon by all parties involved.

(B) Eligibility. A full-time permanent or part-time permanent employee who is paid directly by warrant of the director of budget and management who has successfully completed any initial or promotional probationary period is eligible to participate in this program. This program shall be administered on a strictly voluntary basis. Employees who participate in an exchange remain an employee of their original agency.

(C) Length of assignment. Employee exchange assignments shall be for a period not to exceed two years and may be administered on an intermittent, part-time, or full-time schedule as agreed to by all parties involved.

(D) Employee exchange agreement. An employee exchange shall be implemented by written agreement that is signed by all parties involved, including the employee, the employee's agency, and the organization to which the employee will be assigned. The specific contents of the agreement may vary, but shall contain, at a minimum, the following:

(1) The objectives of the assignment and a description indicating how the objectives are to be achieved;

(2) Name, address, state of Ohio user identification number, classification title, civil service status, and salary information that includes all applicable pay supplements of the participating employee(s);

(3) A detailed description of the employee exchange assignment to include anticipated length, location, and work schedule;

(4) A stipulation that significant changes in an employee's responsibilities or the nature of the assignment may occur only with the consent of all parties involved and shall not effect the employee's base rate of pay;

(5) Any changes to an employee's pay or benefits that may occur, including a different holiday schedule and any pay supplements for which the employee would or would not be eligible during the assignment;

(6) A statement affirming that the employee exchange assignment complies with all applicable ethics laws, rules, policies, and standards;

(7) A provision that permits termination of the assignment by any party by providing a minimum of seven days advance notice to all parties involved, or such lesser time as the parties may otherwise agree.

(E) Reimbursement. An employee exchange agreement shall also include a detailed reimbursement method when reimbursement is required by the employee's original agency. Reimbursements shall be made in accordance with the procedures of the office of budget and management.

Effective: 02/10/2014
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.389
Prior Effective Dates: 11/10/96, 12/1/06, 5/10/09

123:1-46-07 Retention of records relating to disciplinary actions.

Pursuant to the provisions of division (D) of section 124.15 of the Revised Code, the following retention schedule shall apply to all employees who are exempt from collective bargaining and paid by warrant of the director of budget and management:

(A) All records relating to oral and/or written reprimands will cease to have any force and effect and shall be removed from an employee's personnel file twelve months after the date of the oral and/or written reprimand if there has been no other discipline imposed during the past twelve months.

(B) Records of other disciplinary actions beyond oral and/or written reprimand shall cease to have any force and effect and shall be removed from an employee's personnel file twenty-four months after the date discipline was imposed if there has been no other discipline imposed during the past twenty-four months.

(C) The retention periods established above may be extended by a period equal to employee leaves of fourteen consecutive days or longer, except for approved periods of vacation leave.

R.C. 119.032 review dates: 06/14/2011 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.15 , 124.34
Prior Effective Dates: 11/10/96, 12/1/06