123:1-5-03 Retaining rights to the classified service upon appointment to the unclassified service.

A certified or permanent employee appointed to an unclassified position pursuant to division (D) of section 124.11 of the Revised Code on or after March 30, 1999, shall be subject to the following:

(A) Upon return to the classified service, an employee shall be placed back into the same classification from which the initial appointment to the unclassified service was made, or similar classification as provided in division (D) of section 124.11 of the Revised Code. The employee's total rate of pay shall be adjusted to reflect the compensation to which the employee would be entitled had he or she remained in the former classified position.

(B) An employee appointed to the unclassified service while serving a probationary period shall serve the remainder of the probationary period of the same or similar classification upon return to the classified service.

(C) Unclassified appointments made pursuant to division (D) of section 124.11 of the Revised Code may be rescinded by the appointing authority at any time. An employee may request placement back into the classified service only in the following circumstances:

(1) The appointing authority demotes the employee to a pay range lower than the employee's current pay range; or

(2) The appointing authority revokes the employee's appointment to the unclassified service.

(D) Time spent in the unclassified service shall not count for the purposes of becoming permanent in the classified service in accordance with rule 123:1-10-01 of the Administrative Code.

R.C. 119.032 review dates: 01/15/2014 and 01/15/2019
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.11
Prior Effective Dates: 2/13/00, 7/1/06, 2/19/08, 11/18/12