Lawriter - OAC - 3335-73-01 Unpaid leaves.

3335-73-01 Unpaid leaves.

(A) The university may grant unpaid leave to a classified civil service employee. Such leave may be for personal or medical reasons for up to a maximum duration of six months and may not be extended.

(B) An unpaid medical leave must comply with the following provisions:

(1) Medical reasons may include, but not be limited to, the employee's own injury, illness, other medical condition, or when an employee becomes incapacitated to the extent that the employee is unable to perform the essential duties of the position.

(2) The employee must state a date by which the employee will return to work. If no date of return can be stated by the employee or if the need for leave continues beyond approved family and medical leave, the university may place the employee on disability separation pursuant to this chapter.

(3) Appropriate medical documentation must be submitted from a licensed practitioner when applying for unpaid leave.

(C) Upon completion of such unpaid leave, the employee shall return to the same or similar position of employment. If the unpaid leave was for medical reasons, appropriate medical documentation from a licensed practitioner may be required to verify that the employee has been released to return to work. The employee may return to active pay status prior to the originally scheduled expiration of the unpaid leave, if the earlier return is agreed to by both employee and university.

(D) Failure to return to service within three working days of the completion or valid cancellation of an unpaid leave without explanation to the appointing authority is cause for termination of employment. An employee who fails to return to service from an unpaid leave and is subsequently terminated or voluntarily resigns from the service is deemed to have a termination date corresponding to the starting date of the unpaid leave.

(E) If it is determined that the unpaid leave is not being used for the purpose for which it was granted, the university may cancel the unpaid leave and direct the employee to return to work by giving written notice by regular mail to the employee. The employee shall be subject to disciplinary action up to and including termination for any misuse of the unpaid leave.

Replaces: 3335-73-01

Effective: 6/2/2011
Promulgated Under: 111.15
Statutory Authority: 3335
Rule Amplifies: 3335.08
Prior Effective Dates: 06/14/1982, 06/22/1997, 07/01/2001, 06/01/2011