Chapter 3337-40 Policies on Discrimination and Benefits

3337-40-01 Equal employment and educational opportunity.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-001.html

(A) Overview

There shall be no discrimination against any person in employment or educational opportunities because of race, color, religion, age, ethnicity, national origin, national ancestry, sex, pregnancy, gender, gender identity or expression, sexual orientation, military service or veteran status, mental or physical disability, or genetic information, except as explicitly provided for in this policy.

University faculty, staff, students, or volunteers may not retaliate against a person who has made a protected disclosure under this policy.

(B) Prohibited conduct

(1) Discrimination

Discrimination occurs when a person or group of people are denied rights, benefits, equitable treatment, or access to programs or facilities available to all others because of membership in a protected class. Members of protected classes have historically been denied access to or are underrepresented in educational and employment opportunities and are protected from discrimination by federal and state civil rights law, or university policy as listed in paragraph(A) of this policy.

(2) Harassment

Harassment is defined as conduct that is directed towards a person or a group of persons on the basis of any protected class listed in paragraph(A) of this policy, that is:

(a) Severe enough to deny or limit participation in or full benefit of employment or educational opportunity at Ohio university: or

(b) Severe or pervasive enough to create a work or educational environment that a reasonable person would consider intimidating, hostile, or abusive.

Ohio university recognizes harassment as a form of unlawful discrimination that can be a barrier to access to educational or employment opportunity.

(3) Sexual misconduct

Ohio university's policy on sexual misconduct, including sexual harassment, is set forth in policy 03.004.

(4) Retaliation

Retaliation is defined as adverse action or threat of an adverse action taken by the university, or member thereof, in response to a person who, in good faith, makes a protected disclosure under this policy by: reporting suspected discriminatory or harassing conduct to a supervisor or appropriate university official: filing a complaint under federal or state law or university policy that prohibits discrimination or harassment: participating in an investigation or proceeding under this policy: or opposing educational or employment practices that the person reasonably believes discriminate against persons or groups of people in violation of university policies. University faculty, staff, students, or volunteers may not directly or indirectly use or attempt to use the official authority or influence of their positions or offices for the purpose of interfering with the right of a person to make a protected disclosure to the person's immediate supervisor or other appropriate administrator or supervisor within the operating unit, or other appropriate university official about matters within the scope of this policy.

(5) Limitations of scope

Petty slights, annoyances, and isolated incidents (unless severe) of rude, uncivil, or non-collegial behavior will generally not rise to the level of violation of policy and should be addressed to a supervisor. The legitimate exercise of supervisory authority, including oversight, evaluation, and requiring adherence to standards of performance, conduct, and safety, shall not be considered discrimination, harassment, or retaliation under this policy.

(C) Policy application

(1) Responsibility

It is the responsibility of all members of the university community - faculty, staff, and students - to create and maintain an employment and educational environment that is free of discrimination. The responsibility of overseeing the university's compliance with this policy has been delegated by the president of the university to the director of equity and civil rights compliance. The office of equity and civil rights compliance ("ECRC") is responsible for investigating all complaints of discrimination and harassment that are based on any status protected by federal or state law, or university policy listed in paragraph(A) of this policy, and for complaints of retaliation as it relates to this policy as described in paragraph(B)(4) of this policy.

(2) Right to file a complaint

Any member of the university community who believes that he or she has been discriminated against or harassed on the basis of any status protected by federal or state law, or university policy listed in paragraph(A) of this policy, may file a complaint with the ECRC. Any person who believes that he or she has been retaliated against for a protected disclosure under this policy may report to the ECRC.

(3) Cooperation with investigation

A complainant is expected to actively provide information that will support his or her complaint in the time and manner deemed necessary and appropriate by the university to conduct the investigation. Failure to cooperate with the investigation process in a timely manner may compromise the university's ability to conduct an investigation and address allegations fully. Third parties may file a complaint on behalf of a person whom they believe has been adversely affected by conduct in violation of this policy. All employees and students are required to participate and cooperate with investigations as required by the ECRC.

Information received in connection with the filing, investigation, and resolution of allegations will be treated as confidential except to the extent it is necessary to disclose particulars in the course of the investigation or when compelled to do so by law. All persons involved in the process should observe the same standard of discretion and respect for the privacy of persons involved in the process.

(4) Anonymous complaints

Anonymous complaints will be accepted; however, Ohio university may be limited in its ability to investigate or resolve anonymous complaints because our ability to obtain additional information may be compromised.

If the anonymous complaint contains sufficiently detailed information about conduct that would constitute a crime, then the complaint will be forwarded to the Ohio university police department. If the anonymous complaint contains sufficiently detailed information about conduct that would constitute a violation of this policy, the ECRC will exercise due diligence to address the concerns identified with the affected planning unit. For more detailed information on how a harassment complaint or report will be investigated or resolved, contact the ECRC.

(5) Student conduct

Some conduct described in this policy may also be subject to educational disciplinary processes pursuant to Ohio university's "Student Code of Conduct" as set forth athttps://www.ohio.edu/communitystandards/.

(D) Affirmative action

Ohio university will provide equal employment opportunities to all persons who possess appropriate qualification for employment. In addition, it is the policy of the university to undertake affirmative action to promote equal opportunity for employment, consistent with its obligations as a federal contractor, for minorities and women, for persons with disabilities, and for covered veterans. In conformance with federal regulations and Ohio university's affirmative action statement, an annual written affirmative action plan shall be prepared and maintained by Ohio university and made available for public inspection.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-001.html

Effective: 6/23/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-05 Performance management for administrators.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-005.html

(A) Overview

This policy provides for the annual performance evaluation for Ohio university administrators (i.e.. administrative presidential appointees, benefits-eligible salaried and unclassified staff). Actions regarding appointment renewal and salary status should originate at the departmental level with systematic performance evaluation of each administrative employee by the immediate supervisor.

(B) Timetable

The performance evaluation should be a continuing, ongoing activity occurring regularly through effective supervision in the process of communicating work assignments, monitoring activity, identifying requirements for improvement, and critiquing the quality and quantity of employee productivity.

Prior to March fifteenth each year, the immediate supervisor shall review the performance record of each administrative presidential appointee.

A formal performance evaluation will occur at least annually with the supervisor scheduling and holding a performance interview. The evaluation must be in writing and signed by the supervisor and employee. Performance evaluations are not givevable.

See also policy 40.106.

(C) Satisfactory performance

In the case of an employee whose performance is satisfactory, it is required that a written summary of the evaluation be completed. This document should contain at least a statement verifying that the interview took place and that the employee has performed satisfactorily and is eligible for salary increase as university funding permits. Copies of this document should be sent to the employee, to the supervisor's immediate supervisor and to the appropriate executive officer by March fifteenth.

(D) Marginal or unsatisfactory performance

In the case of an employee who has performed marginally or unsatisfactorily, the immediate supervisor will consult with his or her immediate supervisor. A written summary for the evaluation specifying the reasons for the marginal or unsatisfactory performance will be prepared and sent to the employee with a copy to the supervisor's immediate supervisor and the appropriate executive officer by March fifteenth..

An employee who is disciplined has the right to grieve under policy 41.011. The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-005.html

Effective: 6/27/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-07 Public records requests.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-007.html

(A) Overview

Ohio university has adopted this policy to comply fully with the Ohio Public Records Act, section 149.43 of the revised code, as amended. As a public office, Ohio university must adopt and post this policy. It must organize and maintain its records in a manner that makes them available for inspection and copying, as well as maintain a records retention schedule.

The university will allow inspection of public records and will provide copies within a reasonable period of time.

(B) Public visibility of this policy

This policy shall be posted online at a location readily accessible to the public.

(C) Timeliness of response

Anyone who expresses an interest in inspecting or requesting copies of a record is entitled by law to "prompt" inspection and copies within a reasonable period of time. However, there is no defined period of time in which a request must be completed. Time factors to be considered include location of the record, manner in which the record is stored, breadth of the request, and legal review.

(D) Definition of public records

(1) Under Ohio law, a public record is any item, document, or device, regardless of physical form or characteristic, including an electronic record stored in a fixed medium that meets both of the following criteria:

(a) It is an item, document, or device that is created, received by, or sent under the jurisdiction of the university.

(b) It is an item, document, or device that documents the organization, functions, policies, decisions, procedures, operation, or other activities of the office. This does not include records that do not shed light on a university activity. In short, the records must document something that Ohio university does.

(2) The university is not required to create new records to respond to a request, even if that would only mean compiling existing information.

(3) Drafts and notes may be public records if they meet certain legal criteria.

(E) Exemptions

Under Ohio law, a record (or portion of a record) may still be withheld from release because state or federal law makes the record or that portion confidential. These exemptions can include:

The university will respond within the legally permissible review period, which is allowed to determine whether any exemption may apply.

(1) Attorney-client privileged information held by the university, a department, or an outside entity on behalf of the university.

(2) Confidential law enforcement investigatory records, which may be internal investigative records that may include names of uncharged suspects, confidential sources, techniques, or attorney work product, while the investigation is still open.

(3) Records that have been sealed under authority of a court order or a statute.

(4) Medical records that may contain personal health information that includes medical history, diagnosis, prognosis, or medical condition, generated in the process of medical treatment.

(5) Student educational records that are not considered directory information under the "Family Education Rights and Privacy Act" (FERPA).

(6) Records of open or ongoing administrative investigations being conducted by an authorized department of the university, or on behalf of the university by an authorized individual or agency.

(7) Residential and familial information, which may include home addresses of certain employees, such as police officers, emergency medical technicians, first responders, and firefighters; social security numbers of anyone; telephone numbers; debit or credit information; medical and beneficiary information; and certain payroll deductions. This exemption is ever-evolving and is currently under legal review in several court cases.

(8) Trial preparation records compiled in reasonable anticipation of litigation against the university or one or more of its employees.

(9) Security and infrastructure information are records that disclose configuration of a public office's critical systems such as its communications, computer, electrical, mechanical, or security systems. Security records are records that contain information directly used for protecting or maintaining the security of a public office against attack, interference, or sabotage.

(10) Certain confidential trade secrets in sponsored research agreements (SRA's) may be exempt and subject to legal review before disclosure.

(11) Donor profile records, which are records about donors or potential donors to the university. (This exemption does not include actual donor names and amounts already given to the university.)

(12) Catch-all exemptions, which are exemptions that may be found in other federal or state laws that make the item or record subject matter of the particular law and not a public record (e.g., certain child-abuse records).

(F) Requests

The office of legal affairs is the designated office for receiving and reviewing all requests for access to Ohio university's and the Ohio university foundation's public records (see part (J) of this policy, for media requests). Requests should be directed to the "Office of Legal Affairs, 150 West Union Street Office Center, Athens, Ohio 45701." The office of legal affairs can be contacted by telephone at (740) 593-2626; e-mail addresses and other contact information are also available online athttps://www.ohio.edu/legal/. If another university office receives a request, that office should contact the office of legal affairs immediately to start the process. The law does not require requestors to make their requests in writing or to state the purpose of the request, but the university may seek to clarify the request by asking for the request to be made in writing. The university may also ask for identification of the requestor or require the request to be in writing in special circumstances (e.g. if a request is for extensive financial information). The university may also ask the requester to specifically and particularly describe the records sought, for the purpose of clarity. The requester's motive for making the request will not be asked, unless the requester offers his or her reasons for the request to assist the university in answering the request.

In response to each record request, Ohio university will provide those public records created or received before the date of the original request. There is no legal obligation on the university, without a current new request, to continue to update the requestor if new records are created after records are given to the requestor. It is the requestor's obligation to update his or her requests.

(G) Inspection

In cases in which the requested documents are easily compiled, they will be taken to the office of legal affairs for inspection and copying; or the office of legal affairs will arrange for inspection and copying where the files are located. The inspection and copying will be during business hours. In those cases where the requested records are extensive, the office of legal affairs may provide a staff member who will assist the requester in having access to the records for inspection and copying. There is no charge for inspection of records.

(H) Advance notice

Generally, the academic or administrative office where the records are located will be given advance notification of the requests; and when it is necessary for the office of legal affairs to remove records from the office where they are located, they will be returned as soon as possible.

(I) Copies and mailing

The office of legal affairs will maintain a schedule of copying charges online, linked throughhttps://www.ohio.edu/legal/, specifying the costs for records provided on paper, diskette, CD-ROM, or DVD, and for address labels. After the inspection, the office of legal affairs will make arrangements for any copying of the requested documents. Generally the following procedures will apply:

(1) The requester will not ordinarily be allowed to do the copying of university records. The ordinary way to provide copies is for the office of legal affairs to do the copying.

(2) The requester should reasonably identify the documents that are to be copied by the use of some identifiable means that does not alter or deface the document (colored paper clips, removable adhesive notes, etc.). It is the requester's responsibility to provide these and make appropriate designations. If the public records request is not reasonably clear, the office of legal affairs will assist the requestor in identifying what public records may exist by identifying the records in the manner the university keeps the public records, so that the request may be revised.

(3) The university may limit to ten records per month the number of records it will mail, unless the requester certifies in writing that he or she does not intend to use the records for commercial purposes.

(4) The university will charge the requester the actual costs of mailing the records via the U.S. postal service. The university may require that these charges be paid in advance. The university may not charge the requester for the cost of any employee time used in processing the request. There is no obligation on the university to provide records to requesters who refuse to pay the allowed charges or who state they are unable to pay.

(J) Media requests

Journalists who want public records from the university should initiate their request with the office of university communications and marketing (Scott quad 173, 740-593-2200 (office), (740) 593-1887 (fax)). The records will be obtained and reviewed by the office of legal affairs and then provided to the office of university communications and marketing, which will provide the records to the journalist.

(K) Personnel files

Personnel files are public records. Although notification is not required by law, when personnel files of current employees are requested, the office of legal affairs will promptly make a good faith effort to inform the employee whose file is the subject of the request. The university will deny access to a personnel file only when the office of legal affairs can identify a high risk of victimization resulting from release.

(L) Questions

Questions concerning the reviewing process or the public records law should be directed to the office of legal affairs by mail at the address given in part (F) of this policy, or by telephone to (740) 593-2626; see also the information that is online athttps://www.ohio.edu/legal/.

(M) Redaction or denial of public records request

Redaction occurs when some exempted information in an otherwise public record may be deleted in good faith by the university.

A redaction or denial of a public records request will include a written reason for the redaction or denial, including legal authority.

(N) Recourse for redaction or denial

Any person who believes that the university has violated the public record statutes must independently pursue a remedy rather than asking a public official or the attorney general to initiate legal action on his or her behalf. An action seeking disclosure of the record or records may be brought in a local court of common pleas, an appellate court, or the Ohio supreme court.

(O) Litigation records

In matters of litigation involving the university where legal discovery is involved through the use of releases, subpoenas, production of documents, interrogatories, or other legal process, the office of legal affairs will coordinate the legal discovery process with the university office where files may be located and with the university officials involved.

(P) Related policies and other resources

The following resources should also be consulted as appropriate:

(1) Policy 12.020.

(2) Policy 93.002.

(3) The public may access the Ohio attorney general's web site and look under the publications section for a complete manual on "Ohio's Sunshine Laws."

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-007.html

Effective: 6/30/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-11 Employee recognition awards.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-011.html

(A) Overview

This policy contains guidelines for providing employee awards as incentives or as recognition of an employee's one-time, exceptional achievement. Rewards and recognition are used to improve performance, motivate employees, build confidence and increase employee retention. Departments may choose whether or not to develop a defined reward program. In absence of a defined reward program, units may give awards in recognition of extraordinary performance or achievement.

(B) Types of awards

(1) Defined reward program

These are documented reward programs developed, communicated, and implemented in consultation with the university human resources (UHR) compensation office. Defined reward program awards may be offered to provide incentives to measurably increase:

(a) Productivity (work quality and or quantity)

(b) Attendance

(c) General employee morale or health.

All such programs or events must be monitored for results, and the program, or event sponsorship, should be continued, adjusted, or terminated as indicated. To be renewed, on-going incentive programs or events must demonstrate measurable positive results within twelve months of inception or occurrence.

(2) Recognition of extraordinary performance or achievement

These are awards offered to provide after-the-fact reward for performance or achievement that is outside the bounds of what is ordinarily expected in the position, in these three areas:

(a) Successful cost savings suggestions or effort

(b) Successful one time project or accomplishment

(c) Exceptional service - performance above and beyond the call of duty

(3) Not allowable

(a) Compensation for the permanent assignment of continuing departmental duties: compensation for continuing duties cannot be addressed through this recognition award policy. If an employee's duties have been permanently altered to include higher level duties, contact the university human resource compensation office, to determine if a position upgrade, or other compensation option, is indicated.

(b) Compensation for the temporary assignment of pre-existing departmental duties: compensation for a temporary assignment that is not related to a one-time-project, but instead involves temporarily doing higher level duties (e.g., to cover for an open position during a lengthy search), cannot be addressed through this policy. Contact the university human resource compensation office to determine if a temporary position upgrade, or other compensation option, is indicated.

(c) Compensation for extra hours or overload duties: Do not submit a request for an employee recognition award based on overtime worked for standard or additional duties performed. Contact the university human resource compensation office to learn about overtime, overload, and additional compensation options.

(d) Recognition of a holiday or personal event: employee awards cannot be given in recognition of a personal occasion or event (e.g.. a birthday or a personal accomplishment) or a holiday (e.g.. Christmas). See the finance division's "Gift-buying Guidelines" athttps://www.ohio.edu/finance/customercare/faq.cfmfor further details.

(C) Methods of reward

Award may be via cash or gift, according to the "Employee Recognition Award Guidelines."

(D) Dollar amount considerations

(1) Maximum

Awards may not exceed a total of three thousand dollars(gross) in value, per employee, per fiscal year, unless specifically requested by the department with supporting documentation to be reviewed by the UHR compensation office. Awards over three thousand dollars(gross) in value will be submitted to the president, the vice president for finance and administration, the vice president for student affairs, the vice president university advancement, or the executive vice president and provost for approval.

(2) Taxability issues

Cash awards are always taxable and are required to be reported on employees' W2 forms. Gifts to employees are also taxable, with the exception of retirement gifts meeting value and other requirements. Please contact the tax compliance section of finance for advice.

(3) All awards

All employee award purchases, regardless of dollar amount, must have a business purpose, and are subject to the policy restrictions listed in this rule, and to all university purchasing and expense policies.

(E) Eligibility

All university employees are eligible for awards as described in this policy, including student employees.

(F) Authorizations and audits

The "Recognition Form Appendix A" and the "Employee Awards Request Form" (EARF) require authorization by the direct supervisor and the planning unit head, and are then forwarded to the UHR compensation office, for approval and submission to payroll for processing. Requests will be audited by university human resources. Requests not in compliance with this policy will not be processed for payment. All employee recognition awards, programs, or events are subject to audit, at any time, by university human resources, the finance division, the internal audit office, or external auditors from the state or federal government.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-011.html

Effective: 6/26/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-13 Domestic partner benefits.

The version of this rule that includes live links to associated resources is online athttp://www.ohio.edu/policy/40-013.html

(A) Overview

This policy provides for the participation of unmarried same or opposite sex domestic partners and children of domestic partners in the Ohio university benefit plan.

Same sex couples legally married in one of the fifty states, the District of Columbia, a US territory. or a foreign country that recognizes their marriage are considered married for the purposes of all university policies and benefits, and are not domestic partners.

(B) Definitions

(1) For the purposes of this policy, "domestic partners" are two individuals of the same or opposite sex who:

(a) Share a regular and permanent residence: and

(b) Have a committed personal relationship for at least six months: and

(c) Can demonstrate financial interdependence: and

(d) Are not related by blood, not legally married, nor in a domestic partnership with anyone else.

(2) For the purposes of this policy, the "domestic partner's immediate family" is defined by Policies 40.029 and 40.030: see also subsection (B)(2) in Policy 40.016.

(C) Affected policies

The following policies are extended as necessary in order to provide for domestic partnerships as described in this policy:

(1) Policy 19.058

(2) Policy 24.030.

(3) Policy 40.016.

(4) Policy 40.029.

(5) Policy 40.030.

(6) Policy 40.054.

(7) Policy 40.107

(8) Policy 41.009.

(9) Policy 41.010.

(10) Policy 41.130.

(D) Benefits

The benefits under this policy may vary according to the employment status of the employee, and may also involve tax implications. Medical and dental benefits for a domestic partner are not eligible for the pre-tax deduction from the employee's wages. The internal revenue service has ruled that domestic partners cannot be considered a spouse for tax purposes. Thus, employers are obligated to report and withhold taxes on the fair market value of the domestic partner coverage. Fair market value of the domestic partner coverage is usually defined as the amount the employer contributes to a health plan to cover the domestic partner over and above the amount contributed for a single individual.

UHR will maintain information online, linked throughhttp://www.ohio.edu/hr/benefits/, that indicates the fair market value under the various common circumstances, and that provides contact information for confirming the fair market value in any particular circumstance.

Flexible spending accounts are governed by IRS rules. According to those rules, an employee cannot be reimbursed through a flexible spending account for a domestic partner's health care expenses nor for the health care expenses of any children who are not children of the employee.

(1) Domestic partner and dependents

The domestic partner is eligible for support through the dual career network.

The following benefits are available to the domestic partner and his or her children, whether they are the employee's children, or not, on the same basis as the benefits would be available to the employee's spouse or children:

(a) Medical, dental, vision, dependent life insurance, and COBRA

(b) The educational benefit program

(c) Membership in and use of campus facilities

(d) Employee assistance program

(2) Leave

The employee may take leave based on the needs of the domestic partner and the domestic partner's immediate family (as defined in this policy), in addition to being able to take leave based on the needs of the employee's immediate family (as defined in the relevant policies, linked above) under the following categories:

(a) Sick and bereavement leave

(b) Family and medical/leave

(E) Process

(1) In order for the domestic partner or children of domestic partners to qualify for coverage, or for the employee to take leave based on the needs of the domestic partner or the domestic partner's immediate family, the following forms need to be completed, and the required documentation sent to university human resources:

(a) Affidavit of domestic partnership, along with proof required of shared financial obligations.

(b) Domestic partner enrollment Form

(2) To remove the domestic partner or children of domestic partners from benefits, complete the following form and return it to university human resources within thirty of termination of the domestic partnership: statement of termination of domestic partnership

The version of this rule that includes live links to associated resources is online athttp://www.ohio.edu/policy/40-013.html

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-15 Educational benefits for Ohio university employees.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-015.html

(A) Overview

This policy provides for participation in the Ohio university educational benefits program. An active employee must be on the payroll by the first day of the semester. The program applies only to courses offered for credit by Ohio university.

(B) Eligibility

The following categories of employees are eligible for the benefits identified in this policy:

(1) Summary

(a) Full time and part time employees, excluding temporary and intermittent appointments, with: An employment period of greater than one hundred twenty days and an FTE level of 0.75 or greater, or Part-time employees who were enrolled for benefits as of June 30, 2015.

(b) "Group I," "Group II," "Group IV," and "Clinical" faculty as defined by the "Faculty Handbook."

(c) Retired employees as defined in policy 41.090, disability retired employees, and employees that qualify under policy 41.015, or employees on approved leave.

(d) Collective bargaining employees should refer to their collective bargaining agreement.

(2) Faculty and staff

Eligibility is determined by the following criteria:

(a) Full-time, benefits eligible employees are eligible for one hundred per cent of the instructional fees and one hundred per cent of the non-residency fees (when applicable).

(b) Part-time, benefits eligible classified employees are eligible for fifty per cent of the instructional fees and fifty per cent of the non-residency fees (when applicable).

(c) Part-time, benefits eligible faculty and administrators working at .67 of a full-time equivalent (FTE) or more, are eligible for one hundred per cent of the instructional fee and one hundred per cent of the non-residency fee (when applicable). An FTE of .66 or less will receive benefits (instructional and non-residency fees) pro-rated according to their FTE.

(3) Courses and fees

With supervisory approval, an active faculty or staff member may take, at most, one course per semester during regular working hours and one additional course during nonworking hours during periods of employment. An additional independent study class or weekend course may be added with the approval of the department head. Courses taken during the summer or other breaks are also limited by academic regulations and department responsibilities.

Faculty and staff must first satisfy employment demands; therefore, eligible active faculty and staff will not simultaneously be full-time students. Consequently, no more than eleven term hours of undergraduate courses and no more than eight term hours of graduate courses will be permitted per semester without approval from the appropriate department head, using the "Educational Benefits Request Form."

Class schedules shall normally be approved by the supervisor and time spent in class may be required to be made up.

It is the intention of this policy to encourage employees to further their education, and therefore, supervisors should attempt to assist employees, whenever possible, to take one course during working hours. However, there may be departmental demands that make this difficult in any one term, since position responsibilities take precedence over course work. Every effort should then be made to accommodate the course request in the subsequent term. Any supervisor or employee who cannot reach accommodation within this two-term period should refer the matter to the department head for consideration. If resolution cannot be reached at this level, the matter should be referred to the planning unit head for final resolution.

At the discretion of the department chair or head, a full tuition waiver may be granted for course work that is directly related to the employee's current position. A full fee waiver is granted on a course-by-course basis, not for an entire degree program.

No particular class standing is necessary for the original awarding of this benefit except that the student must meet the admission requirements.

Fee structures of the university are subject to change without notice at the university's discretion.

(C) Additional information

(1) Excluded programs and fees ¶ Benefits under this policy shall not be applicable to certain workshops, non-credit courses, audited courses, courses and programs delivered in partnership with an outside vendor, or special course fees. Any unit (e.g., eLearning) offering courses or programs to be delivered in partnership with an outside vendor shall promptly identify those courses or programs to university human resources (UHR), so that benefits will not be provided under this policy. UHR shall inform employees by ensuring that the information is available online, linked throughhttps://www.ohio.edu/hr/benefits/education/. Courses and programs that are unique in structure and fee arrangements will be identified by the sponsoring departments. Educational benefits for these programs are limited to the maximum full-time instructional fee rate allowed for a regular program.

(2) Application process ¶ Requests for participation in the educational benefit program must be submitted each term by the employee on the "Educational Benefits Request Form." The form must be completed by the employee and signed by the appropriate authority as indicated on the form.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-015.html

Effective: 6/20/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-16 Educational benefits for qualified dependents.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-016.html

(A) Overview

This policy provides for participation in the Ohio university educational benefits program by domestic partners, spouses, and children of benefits eligible employees who are active, on approved leave, retired, on disability retirement, laid-off, or deceased.

(B) Eligibility

For dependents of employees to receive benefits under this policy, they must meet the requirements paragraph in, (B)(1), ("Employees,") (B)(2), ("Dependents,") and (B)(3), ("Courses and Fees,") of this policy.

This policy does not apply to any dependent of an employee who is (or a retiree or deceased former employee whose final active employment by the university was) covered by a collective bargaining agreement. Please refer to the current bargaining agreement for your eligibility.

(1) Employees

Eligible employees are defined under policy 40.015, and active employees must be on the payroll by the first day of the academic term.

(2) Dependents

If an employee is affected by a reduction-in-force, qualified dependents remain eligible based on the employee's eligibility, as defined in policy 41.015.

No particular class standing is necessary for the original awarding of this benefit except that the student must meet the admission requirements.

Qualified dependents are:

(a) Legally married spouse,

(b) Domestic partner (subject to policy 40.013 ),

(c) Biological, legally adopted, or legal guardianship children of the employee, employee's spouse, or employee's domestic partner.

(3) Courses and fees

The program applies only to courses offered for credit by Ohio university.

To receive the benefit, a dependent of an eligible employee does not need to be a full-time student and may take as many undergraduate or graduate courses as academically permissible.

The educational benefit represents one hundred per cent of the instructional fee and non-residency fee when applicable. These are pro-rated for qualified dependents of part-time employees, according to the employee's full-time equivalency, as described for the employee in policy 40.015.

Benefits may be subject to withholding taxes under regulations of the internal revenue service. For more information, please see the link provided athttps://www.ohio.edu/hr/benefits/education/.

Fee structures of the university are subject to change without notice at the university's discretion.

(C) Additional information

(1) Excluded programs and fees

Benefits under this policy shall not be applicable to non-credit courses and workshops, audited courses, courses and programs delivered in partnership with an outside vendor, or special course fees.

Any unit (e.g., "eLearning") offering courses or programs to be delivered in partnership with an outside vendor shall promptly identify those courses or programs to university human resources (UHR), so that benefits will not be provided under this policy. UHR shall inform employees by ensuring that the information is available online, linked throughhttps://www.ohio.edu/hr/benefits/education/.

Courses and programs that are unique in structure and fee arrangements will be identified by the sponsoring departments. Educational benefits for these programs are limited to the maximum full-time instructional fee rate allowed for a regular program.

(2) Application process

Application by dependents for the educational benefit program must be submitted annually using the "Educational Benefits Request Form." The applicant and employee must each sign the completed form and return the signed form to UHR.

Application forms will be made available in April for the upcoming academic year. Dependents should submit an application as early as possible prior to the anticipated semester of enrollment in order to ensure the credit is applied correctly.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-016.html

Effective: 6/27/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-23 Organ donation leave.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-023.html

(A) Overview

This policy establishes university policy and procedures for organ donation leave for full-time faculty and staff, pursuant to section 124.139 of the Revised Code.

Ohio university will grant an organ donation leave with pay to all full-time faculty and staff. For faculty, this policy applies only to the extent that no contrary provision is included in the "Faculty Handbook."

(B) Organ donation leave

(1) Application

When organ donation leave is anticipated, verbal notice should be given as far in advance as possible, followed by written documentation to include a "Request for Organ Donation Leave," indicating hours and dates of leave and including supporting medical certification from an appropriate health care provider.

(2) Leave provided

(a) All full-time employees who donate an adult kidney or any portion of an adult liver shall receive up to two hundred forty hours of leave with pay during each calendar year to use during those hours when the employee is absent from work due to the employee's donation.

(b) All full-time employees who donate adult bone marrow shall receive up to fifty-six hours of leave with pay during each calendar year to use during those hours when the employee is absent from work due to the employee's donation.

(c) The duration of leave for other types of organ donations will be decided on a case-by-case basis by the chief human resource officer, who will consult competent medical authority.

(3) Use

(a) Organ donation leave shall be exhausted prior to using any sick leave or vacation leave to continue recuperation from the organ donation.

(b) Organ donation leave shall run concurrently with other university leave programs (e.g., family medical leave). Organ donation could be considered a serious health condition under the family medical leave act, and therefore, providing the employee met the other family medical leave requirements, would be covered under the act.

(c) The employee using such organ donation leave shall be compensated at the employee's regular rate of pay for those regular work hours during which the employee is absent from work.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-023.html

Effective: 6/20/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-24 Emergency service leave.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-024.html

(A) Overview

This policy establishes guidelines for the use of emergency service leave pursuant to division (G) of section 4765.01 and section 124.1310 of the Revised Code,

Ohio university will allow all full-time and part-time permanent employees paid emergency service leave.

A university employee who volunteers as an emergency medical technician ("EMT") - EMT- basic or EMT-1, first responder. paramedic, or volunteer firefighter, is to receive forty hours of leave with pay each calendar year to use during those hours when the employee is absent from work in order to provide emergency medical service or fire-fighting service. Part-time employees shall receive a prorated benefit (for example, a twenty-hour-a-week employee shall receive twenty hours of emergency service leave per year). If fewer than the allocated number of hours of emergency service leave is used in a calendar year, the remainder is not accumulated for use in any later year.

Compensation shall be at the employee's regular rate of pay for those regular work hours during which the employee is absent from work.

The employee must meet the certification requirements for holding a position as an EMT-basic. EMT-1, first responder. paramedic, or volunteer firefighter, and must establish eligibility for emergency leave by providing university human resources with a valid certification, submitted in accordance with the procedure described in part (B) of this policy.

Leave under this policy may be used to provide emergency medical service or fire-fighting service without regard to location, including service in response to a distant natural disaster or terrorist incident.

(B) Verification of certification

A university employee who is a volunteer firefighter or volunteer provider of emergency medical services shall notify the university of the employee's status as a volunteer firefighter or volunteer provider of emergency services upon employment, or not later than thirty days after receiving certification as a volunteer firefighter or a volunteer provider of emergency services. The employee must submit written notification to university human resources using the "Annual Certification of Emergency Medical Services Status" form, signed by the chief of volunteer fire department service, or the medical director or chief administrator or the cooperating physician advisory board of the emergency medical organization with which the employee serves. This form shall be re-submitted annually before January first of each year. New employee orientation sessions will include notification to the employees of the availability of emergency service leave under this policy and of the requirements to submit written notification.

(C) Request for leave

Employees requesting or verifying paid emergency service leave must use the "Request for Emergency Service Leave" form as soon as practicable. Whenever an employee is absent from work due to the employee providing emergency medical or firefighting service, and the employee wishes to use emergency service leave, the absence must be verified by providing the employee's supervisor with a completed "Request for Emergency Service Leave" form. The supervisor will submit the completed form to university human resources.

(D) Department notification

If the call to provide emergency medical or firefighting service occurs when the employee is already at work, he or she will notify his or her supervisor before leaving (or follow standard departmental notification procedures for early departure, if one exists). If the call to provide emergency medical or firefighting service occurs when the employee is not at work, he or she will notify his or her supervisor (or follow standard departmental notification procedures for late arrival or absence, if one exists) as soon as possible after it becomes evident that late arrival or absence from scheduled work may be required in order to provide the emergency service. The employee should discuss in advance with his or her supervisor how to deal with any situation where it is impossible to follow the usual notification procedure while responding to an emergency situation. Supervisors should make reasonable accommodations in such situations, provided that the employee does notify the department as soon as possible.

(E) Leave substitution

Employees who previously scheduled an absence using other types of leave such as vacation, should not be permitted to use emergency service leave instead of the planned leave.

(F) Recovery of improperly paid benefits

The university may use all necessary steps to recover emergency service leave benefits paid in error or paid as a result of fraud, including adjustments to an employee's pay. An employee who knowingly engages in fraud may be subject to civil or criminal charges, in addition to discipline under the employee disciplinary process appropriate to the category of employment relationship. For further information, see:

(1) Policy 40.045;

(2) Policy 41.012; and

(3) Faculty Handbook, Section II, Part D (specifically the sub-parts on termination of appointment and loss of tenure).

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-024.html

Effective: 7/7/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-25 Jury duty and court leave.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-025.html

(A) Overview

This policy provides for administering time off for all faculty and staff subpoenaed for jury duty or court appearances.

Ohio university employees will honor all lawful subpoenas. Employees will continue to receive full pay when they are subpoenaed to appear before any court, commission, board, or other legally constituted body authorized by law to compel the attendance of witnesses, including jury duty for the United States, the state of Ohio, or a political subdivision.

The provisions of this policy do not apply to those instances when an employee appears in court

(1) As the defendant in a criminal case;

(2) As a party to a civil action;

(3) As a result of secondary employment outside of the service of the state; or

(4) Without a subpoena having been issued.

(B) Process

When properly subpoenaed, an employee is required to provide reasonable, timely advance notice to his or her supervisor to request the necessary time off.

Employees may be excused from scheduled work assignments without loss of pay only for the period of reporting to and serving on a jury (or complying with a subpoena), including reasonable travel time.

Employees called to serve (or appear) whose assignments require them to work beyond eleven p.m. may, at management's discretion, be released from work with pay at eleven p.m. the evening before they are scheduled to appear in court, or alternatively, the affected employee's shift may be flexed or the employee may be temporarily transferred to a dayshift during the period of jury duty.

Employees called to serve (or appear) whose work schedule is completed prior to eleven p.m. will be released from work the day of their scheduled jury duty until the time they are released from their jury duty services.

An employee required to serve (or appear) for only a part of a day for jury duty is obliged to return to a scheduled work assignment promptly following dismissal by the court.

Any monies received for serving (or appearing) will be retained by the employee.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-025.html

Effective: 6/20/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-27 Personal leave for administrative employees.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-027.html

(A) Overview

This policy allows eligible administrative employees to convert three sick leave days to personal leave days each fiscal year. These personal leave days would provide administrative employees time which could be utilized to conduct personal business or deal with family matters that may need to be carried out during regular working hours.

(B) Eligibility

(1) Full-time and part-time administrative employees who accrue sick leave.

(2) A full-time employee, or a part-time employee who is more than 0.5 FTE, must have accrued fifteen days of sick leave as of the beginning of the fiscal year to be eligible to convert sick leave to personal leave.

(3) A part-time employee (less than or equal to 0.5 FTE) must have accrued 7.5 days of sick leave as of the beginning of the fiscal year to be eligible to convert sick leave to personal leave.

(C) Process

(1) Each July first, full-time administrative employees, and part-time administrative employees who are more than 0.5 FTE, with a minimum of fifteen days accrued sick leave, and part-time administrative employees who are 0.5 FTE or less, with a minimum of 7.5 days accrued sick leave, will be eligible to use three days of personal leave.

(2) Employees who use personal leave time will use the online absence management system to report that use.

(3) Personal leave may be used in minimum units of one hour.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-027.html

Effective: 7/7/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-28 Personal days for classified employees.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-028.html

(A) Overview

This policy establishes the procedures for employees to have the use of three sick leave days as personal days per year. This policy provides incentive for employees to accumulate sick leave hours for the purpose for which it is intended. This policy covers both classified civil service and bargaining unit employees. Any references to "classified employees" should be interpreted as including both civil service and bargaining unit employees.

Ohio university will grant eligible employees the right to use three sick leave days as personal days in recognition of the fact that some legal, private business, or family matters must be carried out during normal work hours.

Eligible employees must meet all of the following criteria:

(1) Full-time and part-time classified employees serving in a regular certified or provisional appointment.

(2) Classified employees will be eligible for personal leave during a fiscal year if they had a sick leave balance of at least one hundred twenty hours of accumulated sick leave for those assigned to eight hour shifts, or one hundred fifty hours of accumulated .sick leave for those assigned to ten hour shifts, at the end of the last pay period of the prior fiscal year (this is the last pay period that does not include July first).

(3) Intermittent and temporary employees are not eligible.

(B) Notification

When an employee needs to use personal time, the employee is required to notify his or her immediate supervisor (or other designated person). Such notification should be made as soon as possible, but must be made no later than one-half hour after the employee's scheduled time to start work. If such notification is not made, the absence may be charged to leave without pay, except when emergency or other extenuating conditions make it impossible to give proper notice. Notification for personal time follows the same rules as for sick leave for classified employees; see policy 40.030.

(C) Process

(1) Eligibility to use personal leave will be on a fiscal year basis; university sick leave records will be used to determine accrued balances. Staff members who do not have a balance of one hundred twenty hours of sick leave, for those assigned to eight hours shifts, and one hundred fifty hours accumulated sick leave for those assigned to ten-hour shifts, will be ineligible to use personal leave until the beginning of a fiscal year in which their sick leave records confirm an eligible balance at the end of the last pay period of the prior fiscal year.

(2) Following the last pay period of the fiscal year, any unused personal leave will revert to sick leave. The resulting sick leave balance will then be evaluated to determine eligibility for the new fiscal year.

(3) At the start of the new fiscal year, twenty-four hours (for those individuals assigned to eight-hour shifts), or thirty hours (for those individuals assigned to ten-hour shifts), of sick leave will be converted to personal leave, for each staff member who qualifies.

(4) As the personal leave is requested and used, it is deducted from the personal leave balance.

(5) Personal leave may be charged in minimum units of one hour.

(6) Staff may use personal leave only for the days and hours for which they normally would have been scheduled to work, but not to include scheduled overtime.

(7) Personal leave may not be used to cover unexcused absences, or to make up time.

(8) The conversion of sick leave to personal leave and vice versa is on a one-to-one ratio.

(9) Personal leave may not be used to extend an employee's active pay status for the purpose of accruing overtime or compensatory time. It may not be used to extend an employee's date of resignation or retirement.

(10) Personal leave will be reported using the current university and departmental sick leave policies in place. Personal leave usage will not be a factor in attendance ratings unless procedures are not followed by the employee.

(11) Upon separation, all unused personal days shall revert back to sick leave.

(12) If the university declares financial exigency, all unused personal leave will revert to sick leave balances.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-028.html

Effective: 7/8/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-29 Sick and bereavement leave for faculty and administrative appointees.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-029.html

(A) Overview

This policy provides for the accrual and use of sick and bereavement leave (often "sick leave" in the following) and the conversion and payment of unused sick leave at time of retirement or upon death of an employee.

Ohio university faculty and administrative presidential appointees may earn and accrue sick leave, which may be used for paid sick leave when necessary. Sick leave will typically be earned at the rate of 1.25 days for each month of service. Sick leave credit will be earned based on the appointment and employment type of the individual. There is no limit as to the amount of sick leave which may be accumulated. The procedures regarding usage, notification, and verification of sick leave are detailed below.

(B) Sick and bereavement leave

(1) Definition

Sick and bereavement leave is the authorized absence from duties due to:

(a) Personal illness, injury, or temporary disability.

(b) Exposure to contagious disease which could be communicated to other members of the university community, or

(c) Illness, injury, or death in the individual's immediate family. Immediate family is defined as: spouse, son, daughter, mother, father, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, and a legal guardian or other person who stands in place of a parent (in loco parentis), plus domestic partners and the domestic partner's immediate family (see the discussions under "Definitions" and "Benefits" in policy 40.013, for details). Bereavement leave granted for a death in the immediate family shall not exceed five working days.

(d) Medical, dental, psychological, or optical examination or treatment of an employee or a member of his or her immediate family.

(2) Approval

Sick and bereavement leave is granted on the approval of the department chairperson or the supervisor to whom the individual reports; such a request should be made on the first day of absence or in advance, if possible. The individual, upon return to work, must complete a "Paid Time Off Faculty and Staff Form." The university reserves the right to require the individual to:

(a) Furnish medical evidence of illness, including providing medical releases,

(b) Provide medical verification of ability to return to work,

(c) Provide other appropriate or necessary information, e.g. proof of medical care of family member, death of family member, etc.

(3) Usage

A consecutive period of sick leave includes all normally scheduled work days except holidays observed by the university during an employee's appointment period. No presidential appointee shall be charged with more than five sick leave days in any seven day period.

(C) Accumulation of sick leave benefit

(1) The benefit will accumulate at the rate of 1.25 days per calendar month or fifteen days per year for all full-time presidential appointments. (Full-time presidential appointee, for purposes of this policy, is defined as anyone holding a regular full-time nine-, ten-, eleven-, or twelve-month appointment.) Accrual of sick leave will be unlimited. Time spent on vacation, paid military leave, faculty fellowship leaves, paid professional leave, or sick leave will count toward accumulation of benefits. There will be no accumulation of benefits while on an unpaid leave of absence.

(2) Part-time faculty (groups I, II, and IV) and administrators (as defined in employee handbooks and in policy 41.010 ) are also eligible for sick leave accrual and usage. The monthly accrual shall be calculated on a prorata basis based on the individual's main appointment in effect for the month of accrual.

(3) An employee who transfers from one state or local Ohio public agency to another (Ohio public agency refers to governmental entities under the control of Ohio's state or local government), or who is reappointed or reinstated, will be credited with the unused balance of accumulated sick leave--up to the maximum of the sick leave accumulation permitted in the public agency to which the employee transfers and provided the time between separation and reappointment does not exceed ten years. Written proof of sick leave credits must be furnished by the department that the individual is leaving to the new department.

(4) The use of sick leave beyond an individual's accumulated balance is defined as an unauthorized absence. These individuals who are absent due to any of the reasons outlined in part (B)(1) this policy, and who have exhausted their accumulated sick leave, will have their gross monthly salary reduced in proportion to the total duration of the unauthorized absence. The adjustment will be made by the payroll manager who will notify the appropriate dean or department head accordingly.

(D) Utilization of the benefit

The period covered by use of accumulated sick leave benefits is all consecutive normally scheduled university work days exclusive of the university's holidays during the period of sick leave. Usage of sick leave shall be recorded using the online absence management system.

(E) Retirement or death benefits for accumulated sick leave

(1) Conversion and payment of unused sick leave at retirement

An employee retiring with ten or more years of creditable state service may elect to be compensated for one-fourth of his or her accrued but unused sick leave not to exceed thirty days (equal to one-fourth of one hundred twenty days); election must be made no later than sixty days after the date of retirement. Payment will be based upon the employee's rate of pay at the time of regular or disability retirement. Such payment may be made only once to an employee and only to those employees who are on the active payroll of Ohio university at the time of retirement. The two mutually exclusive options are:

(a) To be paid for one-fourth their sick leave balance up to a maximum of thirty days, or

(b) to carry forward the total sick leave balance for fixture anticipated state employment. This option precludes any future payoff from Ohio university.

For purposes of determining the sick leave conversion, the following calculation shall be used. Individual faculty and administrators on full-time nine-, ten-, eleven-, or twelve-month appointments shall have their salary divided by the respective number of months they are under appointment. This monthly salary shall in turn be divided by twenty-two days to determine the per diem rate for calculating retirement benefits. Part-time faculty and administrators will have their sick leave pay-off calculated based on their total gross earnings for the most recent twelve-month period, three fiscal quarters, or two academic semesters, as appropriate.

The payment of the sick leave conversion under this policy will eliminate all sick leave credit of the faculty or administrative appointee at the time of retirement, and payment will be made only once to any individual. Sick leave conversion does not apply to any termination or separation other than retirement (or death in service, as described in part (E)(2), of this policy). An employee who returns to university service after retiring may accumulate and use sick leave as before, but may not convert the unused sick leave at the time of any subsequent separation.

(2) Conversion and payment of unused sick leave upon death.

In the event of the death of an employee with ten or more years of creditable state service, one-fourth of the employee's accrued but unused sick leave, not to exceed thirty days (equal to one-fourth of one hundred twenty days), will be paid to the employee's survivors or to the employee's estate in accordance with the Revised Code. The amount of the payment will be calculated as described in part (E)(1),of this policy.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-029.html

Effective: 7/7/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-30 Sick and bereavement leave for classified employees.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-030.html

(A) Overview

This policy provides for the accrual and use of sick and bereavement leave ("sick leave" in the following) and the conversion and payment of unused sick leave at time of retirement or upon death of an employee.

All Ohio university classified employees (as defined in policy 40.040 ) may earn and accrue sick leave hours that may be used for paid sick leave when necessary. Sick leave will be earned at the rate of 4.6 hours for each eighty hours of service. Credit is proportionate to the hours paid in each bi-weekly pay period and is accrued for all time on active pay status, including vacation and sick leave. There is no limit as to the amount of sick leave that may be accumulated. The policy regarding notification and verification of sick leave usage is detailed in this policy.

(B) Notification of absence

When an employee is unable to report for work, he or she is required to notify the immediate supervisor or other designated person. Such notification must be made as soon as possible but not later than one-half hour after the time the employee is scheduled to begin work on the first day of absence and each work day thereafter for the next successive six calendar days. If such notification is not made, except when emergency or other extenuating conditions make it impossible to give the proper notice, the absence may be charged to leave without pay.

In those departments whose operation is twenty-four hours a day, seven days a week, the notification of absence must be reported at least two hours before the employee's scheduled starting time, unless emergency conditions make it impossible.

In the case of extended absences beyond seven consecutive calendar days, a physician's statement shall be required specifying the employee's inability to work and the probable date of recovery. It is the employee's responsibility to notify the supervisor or designee when hospitalization or institutionalization is required, unless emergency conditions prevent such notification. When convalescence at home is required, the employee shall notify the supervisor or designee at the start and termination of such convalescence.

(C) Approval of sick and bereavement leave

Sick leave shall be granted to employees for absences during regularly scheduled work hours (not overtime). Sick leave may only be used for the following reasons, and unless the employee's absence is for one of these reasons, the absence will not be approved as sick leave:

(1) Illness, injury, or pregnancy-related condition of the employee or 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.

(2) Death of a member of the employee's immediate family (use of sick and bereavement leave not to exceed five paid days of sick and bereavement leave).

(3) Medical, psychological, dental, or optical examination by an appropriate practitioner for the employee or a member of the employee's immediate family where the employee's presence is reasonably necessary. (An employee has the obligation to report to work before or after such an examination.)

(4) Exposure of an employee to a contagious disease that could be communicated to and jeopardize the health of other employees, or of students.

Employees shall document sick leave usage on their electronic or paper time sheets or cards. If insufficient accrual of sick leave is available, only the amount of accrued time should be reported. Supervisor approval of such time sheet or card shall indicate approval of the documented sick leave usage.

If an absence exceeds seven consecutive calendar days, a statement from a licensed physician, specifying the employee's inability to work shall be required to justify the use of sick leave. In addition, the university retains the right to require a medical statement to justify each and every use of sick leave when such justification is deemed to be appropriate.

(D) Definition of immediate family

As used in this policy, "immediate family" means any one of the following: spouse, qualifying domestic partner (see policy 40.013 ), parents, children, grandparents, siblings, grandchildren, brother-in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, father-in-law, a legal guardian or other person who stands in the place of a parent (loco parentis).

The definition of "immediate family" is different under the provisions of the FMLA; see policy 40.054.

(E) Conversion and payment of unused sick leave at retirement

Any unused personal leave, accumulated under policy 40.028 will revert to sick leave and be added to the accumulated balance of sick leave before the terms of this subsection are applied.

An employee retiring with ten or more years of creditable state service may elect to be compensated for one-half of his or her accrued but unused sick leave, not to exceed pay for sixty days. Payment will be based upon the employee's rate of pay at the time of disability or regular retirement. Such payment may be made only once to an employee and only to those employees who are on the active payroll of Ohio university at the time of retirement. All eligible employees, at the time of filing their application for retirement, must indicate their desire to elect the sick leave conversion option. The two mutually exclusive options are:

(1) To be paid for one-half of up to nine hundred sixty hours (to be paid for up to sixty days), or

(2) To carry forward the total sick leave balance for future anticipated state employment (see part (G)(9) of this policy).

An appropriate statement documenting the election will be made available to the employee, and university human resources will determine the amount of hours to be paid. Payment will be made in a lump sum and included in the employee's final pay (if the appropriate forms are received in payroll soon enough - otherwise, as soon as practicable after that; see also policy 40.031 ). Payment will be subject to normal payroll deductions, excluding OPERS contributions and dues to an employee organization. The conversion option does not apply to any employee who resigns his or her position and elects to retire at some later date.

(F) Conversion and payment of unused sick leave upon death

Any unused personal leave, accumulated under policy 40.028, will revert to sick leave and be added to the accumulated balance of sick leave before the terms of this subsection are applied.

In the event of the death of an employee with ten or more years of creditable state service, one-half of the employee's accrued but unused sick leave will be paid to the employee's survivors in accordance with section 2113.04 of the Revised Code, or to the employee's estate, not to exceed pay for sixty days. Payment will be based upon the employee's rate of pay at the time of death.

(G) Miscellaneous guidelines

(1) Sick leave hours used are deducted from sick leave balances and will be paid only if sick leave credit is available. Accumulation, use, and current balance are shown on the employee's bi-weekly pay check stub.

(2) Sick and bereavement leave for death in the immediate family and postnatal care is limited to five working days. Absence for postnatal care is generally intended for a spouse or domestic partner. Only under extreme circumstances, such as the absence of a spouse or domestic partner during the postnatal period or serious complications, will sick leave be granted for postnatal care to some other member of the immediate family. In this case, a physician's statement showing that the presence of the employee is necessary, will be required.

(3) When sick leave is requested by the employee to care for a member of the immediate family not residing in the employee's household, the department head may require a physician's certificate to the effect that the presence of the employee is reasonably necessary to care for the ill family member.

(4) Sick leave cannot be reported on a holiday. If absent because of illness or injury on a day observed as a holiday, the employee receives regular pay which is charged to the holiday and not to sick leave.

(5) An employee who becomes eligible for worker's compensation payment for loss of time due to an occupational illness or injury may elect to use sick leave before such payments are made.

(6) If an illness or disability continues beyond the time covered by earned sick leave credit, an employee, upon request, may be granted either a leave of absence without pay or a disability leave. If a leave of absence is granted, and the illness or disability continues beyond expiration of the leave, a disability leave should then be requested by the employee.

(7) The chief human resource officer may require an employee to submit to a medical evaluation in order to determine the employee's capability to perform the substantial and material duties of the employee's position. If found not able to perform the substantial and material duties of the job, the employee may be placed on sick leave or disability leave. Such evaluations will be conducted by a physician designated by the chief human resource officer and the cost of the evaluation will be borne by the university.

(8) An employee returning to work from sick leave may be required to obtain medical clearance from the occupational health clinic as outlined in policy 40.032.

(9) An employee who transfers from one state or local Ohio public agency to another (Ohio public agency refers to governmental entities under the control of Ohio's state or local government), or who is reappointed or reinstated at Ohio university, will be credited with the unused balance of accumulated sick leave--up to the maximum of the sick leave accumulation permitted as of the date when the new employment starts, in the public agency to which the employee transfers (or by Ohio university, in the case of reappointment or reinstatement), and provided the time between separation and reappointment does not exceed ten years. Written proof of sick leave credits must be furnished to the new employer by the prior employer. The payroll office will maintain records of unused sick leave of former employees for a minimum of ten years after their last employment by Ohio university; will restore the appropriate balance if the person is re-employed by Ohio university; and will respond to requests for such records from other Ohio public agencies newly employing those people.

(10) If the medical event for which sick leave is being utilized is also a qualifying family and medical leave event, employees must also follow the provisions of policy 40.054.

(H) Abuse and disciplinary action

Non-compliance with sick leave rules outlined in this policy will result in non-payment for time absent from work. Application for use of sick leave with the intent to defraud shall be grounds for prosecution or disciplinary action, which may include dismissal (see section 124.38 of the Revised Code).

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-030.html

Effective: 7/9/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-31 Terminal pay for classified employees.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-031.html

(A) Overview

This policy establishes the method for making final pay to classified civil service employees who are terminated for cause.

Ohio University will render final pay as soon as possible to those employees who are given a probationary removal or an order of removal.

(B) Process

It is the responsibility of the employee's department head to immediately notify the chief human resource officer (appointing authority) that an employee is being recommended for removal. Such recommendation must be thoroughly documented and should be hand delivered to university human resources. After consideration of the facts, removal action is the responsibility of the chief human resource officer, who will notify the employee's department regarding final action.

Within two work days of the effective date of a removal, a final hardcopy or electronic time sheet or card reflecting those hours to which the employee is entitled should be furnished to university human resources by the employee's department. A statement regarding deductions for uniforms not returned by those employees who are given a probationary removal will be attached to the final time sheet or card.

Upon receipt of the final time sheet or card, university human resources will verify any vacation balance, prepare a "Personnel Change Notice" to effect the termination, and hand deliver all documents to the payroll office.

The payroll office will prepare the employee's final pay to include any vacation balance and pay due from any prior pay period. In order to expedite final payment, a manual check will be prepared and mailed by the payroll department to the employee's home address, unless another arrangement has been requested by the employee.

The following policies should be referred to as necessary:

(1) Policy 40.050,

(2) Policy 40.042, and

(3) Policy 40.045.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-031.html

Effective: 7/11/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-32 Workers' compensation and occupational health management.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-032.html

(A) Overview

This policy establishes the methods by which the university will manage workers' compensation and occupational health issues.

Ohio university conforms to the state of Ohio workers' compensation laws; all employees are protected by these laws. These laws provide a system for compensating employees who suffer injury or occupational disease in the course and scope of their employment at Ohio university.

(B) Claim reporting

(1) All work-related injuries must be reported to the supervisor immediately. (In non-emergency situations, prior to seeking medical treatment).

(2) Upon report of injury, the employee will be provided instruction on the university's workers' compensation management policy, provided a claim report kit, and directed to seek medical treatment if necessary.

(C) Medical treatment

(1) If minor first aid attention is required, treatment should be administered at the employee worksite and the employee should return to work.

(2) If non-emergency medical attention is required, the employee will be directed to the university's medical care provider. The employee will have the option to select his or her own treating physician upon request, but should be informed that medical-care-expense payments may be limited or zero if the provider is not certified.

(3) Emergency treatment: If emergency care or treatment are required, the employee will be directed to the nearest hospital emergency room. If follow-up treatment is recommended, the employee will be referred to the preferred provider or the employee's treating provider. Work restrictions or time off work recommended by the emergency provider will be in effect only until the next business day or until an immediate follow-up is scheduled with the university's preferred provider or employee's treating provider.

(4) Results reporting: The employee is required to return the following treatment results, treatment plan and return-to work recommendations to the university immediately upon discharge or the next business day:

(a) Injury diagnosis,

(b) Treatment or rehabilitation recovery plan,

(c) Estimated return to full-duty date,

(d) If work restrictions or time off work are recommended, a completed copy of a "Physician's Report of Work Ability (MEDCO-14)," or equivalent.

(5) Post-mishap drug testing: Injured workers seeking medical treatment may be required to submit a "for cause" drug test no later than 8 hours after the incident. The employee may be disciplined, up to and including termination, in the event of a positive drug test or refusal to test.

(D) Claim determination

Upon review of the reported claim information, Ohio university will determine if the claim is allowed or denied as a workers' compensation claim. The injured worker will be notified of this determination via a mailed letter.

(1) Allowed claim: The employer will pay all eligible, related medical expenses and lost-time compensation.

(2) Denied claim: The employee will be responsible for medical expenses, and will be compensated for lost time only through available personal, sick, or vacation leave.

(E) Disability management

(1) Upon the request of an employee for time off work or work restrictions related to their certified work-related injury, Ohio university will make every reasonable effort to accommodate the recovery period through the disability management program.

(2) Employees with temporary medical restrictions who are medically approved to work are expected to work and contribute to the university to the extent possible.

(3) Employees with extended time off work and or work restrictions due to their certified workers' compensation claim will be enrolled in the temporary restricted duty program.

(4) Temporary restricted duty job offers will be considered on an individual claim basis approved by the treating physician and must show progress to a reasonable full-duty return-to-work date.

(5) Employees who do not comply with a temporary restricted duty job offer can jeopardize their workers' compensation benefits.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-032.html

Effective: 7/3/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-33 Leaves of absence for classified employees.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-033.html

(A) Overview

Ohio university will grant leave of absence, without pay, to classified employees for a period not to exceed six months for medical or personal reasons subject to recommendation of the department head and approval of the chief human resource officer, to permanent full-time or permanent part-time employees. Normally a leave of absence will not be granted during the initial probationary period.

A medical leave of absence shall be limited to the period of time that the employee is unable to perform the substantial and material duties of the employee's position. A medical leave related to pregnancy may include reasonable pre-delivery, delivery, and recovery time. The length of any medical leave shall be certified by a physician. Accumulated sick leave must be exhausted before any medical leave can be approved. The University will continue group insurance coverage for a maximum period of six months for employees granted leave of absence for medical reasons. The employee must continue to pay appropriate contributions for group insurance for the six month period. See also policy 40.054.

A leave of absence for personal reasons may be granted to permanent full-time and permanent part-time employees. An eligible classified employee may be granted a leave of absence without pay for purposes of child care. Such leaves shall be limited to a period not to exceed six months.

Leave may be granted to permanent full-time employees for a maximum of two years for the purpose of education, training or specialized experience which will improve the employee's job skills. (Military leave provisions are covered in policy 41.127.)

An employee granted a leave of absence for personal reasons may continue group insurance coverage for up to six months by paying premiums in advance. If an employee allows coverage to lapse while on leave of absence, a new enrollment card must be signed to obtain coverage upon return to work. Evidence of insurability may also be required.

Renewal or extension to any leave beyond the maximum allowed shall not be granted.

(B) Process

An employee shall submit a formal request for a leave of absence as far in advance as possible, but at least two weeks prior to the first day of leave, using the "Request for Leave" form. A supporting document, such as a physician's statement, etc., must be attached to the "Request for Leave" form.

An employee returning to work from a medical leave of absence must obtain medical clearance from the occupational health clinic as outlined in policy 40.032.

When an employee returns to work from an approved leave of absence, the department head shall furnish, without delay, a written notification to university human resources indicating the date of return, and the employee will be returned to active status.

Upon completion of an approved leave of absence the employee will be returned to his or her former or similar position within the classification. If the position no longer exists the employee shall, with approval of the chief human resource officer, be assigned to a position in a classification similar to that formerly occupied.

An employee does not receive pay for holidays observed and does not earn sick leave or vacation credits during an approved leave of absence.

If approved by the department head or the chief human resource officer, the employee may return to the position prior to the originally anticipated expiration of a leave of absence.

If it is discovered that leave is not actually being used for the specific reasons it was granted, the chief human resource officer may cancel the leave and direct the employee return to work. In no case shall leave be granted to an employee for the purpose of seeking or accepting other employment, including self-employment.

An employee granted a leave of absence may restore lost service credit with the Ohio public employees retirement system (OPERS) after returning to regular contributing status in the system for a period of twelve months. Details and procedures regarding OPERS service credit may be obtained from university human resources.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-033.html

Effective: 7/11/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-37 Rehiring of retired administrative and classified employees.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-037.html

(A) Overview

Generally, the university does not support the rehiring of retired administrative and classified employees into full-time or part-time permanent benefits-eligible positions. The exception is the rehire of a retiree who is critical to the university's ability to achieve its mission.

(B) Process

Employees who may be rehired should first consult the information about re-employment that is provided by their retirement system, checking particularly for possible impact on retiree health care benefits. The following links provide starting points appropriate for the majority of Ohio university retirees:

(1) For OPERS -https://www.opers.org/retirees/re-employment/index.shtml

(2) For STRS -https://www.strsoh.org/duringcareer/_dc/preparingretirement/reemployment.html

If a planning unit head believes that the rehiring of an Ohio university retiree is critical to achieving the university's mission, the planning unit head may take such rehire request to the chief human resource officer. If the chief human resource officer concurs with the request, he or she will send the request to the president. The president will make the final hiring decision.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-037.html

Effective: 7/3/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-40 Job classification system.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-040.html

(A) Overview

This policy serves to outline policy, procedures, and responsibilities for the administration of the Ohio university job classification plan pertaining to classified and administrative employees of Ohio university.

University human resources (UHR) is responsible for classifying all positions based on specifications and job descriptions developed for each position (see section 124.14 of the Revised Code). UHR will apply consistent and objective criteria to the analysis of all positions, and will cross-compare and verify data from classified employees, supervisors, and department heads.

The classification of all positions is based upon duties, responsibilities, knowledge, skills, minimum requirements of education, certification, or licensure, physical requirements, and reporting relationships inherent in a given position. Position classifications are assigned germane titles and are placed in functional groupings, which illustrate the job framework and opportunities for professional growth and development.

(B) Position review and audit

(1) Vacant or new position

When a new position is developed, or if substantial changes are made in an open (unfilled) position, the supervisor or planning unit head should complete a "Position Description Questionnaire" and forward it to UHR for review and classification. The position will be reviewed and a written summary of findings forwarded to the appropriate planning unit representative for final determination of the appropriate classification.

(2) Classified position (incumbent)

Either an employee or supervisor may initiate an audit request for an existing (filled) position by submitting a request for audit, in writing, to UHR. if a job has changed substantially (more than thirty per cent) and in such a way that it may impact the mapping of the position to the job framework. Job changes are not defined by incremental changes in job tasks, but rather determined by whether the job has changed with regards to the scope, impact, and complexity of the duties. Typically, additional duties assumed within the same level of scope, impact, and complexity do not warrant a position evaluation or job change.

UHR may also initiate an audit. The planning unit will work with the incumbent employee to complete the "Position Description Questionnaire," and submit the information to UHR. The employee must have completed any probationary periods for the position for which the audit is being requested, and an audit may not be requested more often than once a year. A year is defined as a period beginning twelve months from the date of the last audit determination. An exception may be made to this twelve-month rule if significant documentation can be provided, showing that the duties of the position have been substantially changed since the date of the completion of the previous audit.

A UHR analyst will conduct an audit of the position, interviewing the employee or the immediate supervisor as necessary, and conferring with the planning unit head and any other persons as deemed necessary. The analyst will complete a written summary of findings and render a recommendation to the appropriate planning unit representative.

Based on whether the duties and responsibilities, required skills, or organizational level of a position have remained essentially constant, substantially decreased, or substantially increased, a position audit may result in no change in classification, reclassification to a lower-rated position, or reclassification to a higher-rated position.

UHR will determine the classification based on the audit findings, and will inform the incumbent employee of that determination, in writing, within thirty calendar days after the analyst has completed the audit. The information provided to the incumbent employee at that time will include the audit results, with supporting rationale.

(3) Administrative position (incumbent)

If an employee and the department (supervisor with support from the planning unit) determine that a position has changed substantially (more than thirty per cent) and in such a way that it may impact the mapping of the position to the job framework, a revised "Position Description Questionnaire" should be completed and submitted to UHR for review. Job changes are not defined by incremental changes in job tasks, but rather determined by whether the job has changed with regards to the scope, impact, and complexity of the duties. Typically, additional duties assumed within the same level of scope, impact, and complexity do not warrant a position evaluation or job change.

UHR may also initiate an audit. The planning unit will work with the incumbent employee to complete the "Position Description Questionnaire", and submit the information to UHR. An audit may not be requested more often than once a year. A year is defined as a period beginning twelve months from the date of the last audit determination. An exception may be made to this twelve-month rule if significant documentation can be provided, showing that the duties of the position have been substantially changed since the date of the completion of the previous audit.

A UHR analyst will conduct a review of the position, interviewing the employee or the immediate supervisor as necessary, and conferring with the planning unit head and any other persons as deemed necessary. The analyst will complete a written summary of findings and render a recommendation to the appropriate planning unit representative.

Based on whether the duties and responsibilities, required skills, or organizational level of a position have remained essentially constant, substantially decreased, or substantially increased, a position audit may result in no change in the mapping of the position, a change in mapping to a lower rated position, or a change in mapping to a higher rated position.

UHR will determine the appropriate mapping based on the audit findings, and will inform the department of that determination, in writing, within thirty calendar days after the analyst has completed the review. The information provided to the department at that time will include the audit results, with supporting rationale.

(C) Action for position changes

If a position is reclassified by UHR to a lower-rated position, the effective date for the new classification, and any pay rate change, will be as described in the "Pay Administration Guidelines."

If a position is reclassified by UHR to a higher-rated position, it becomes the responsibility of the incumbent's planning unit head to determine operationally whether or not the higher-level position should be added to the table of organization. If it is determined that the higher-level position should not be added, the higher-level duties will be removed from the position's responsibilities. The incumbent employee shall receive the higher-level pay retroactively for the lesser of the following two durations:

(1) One year; or

(2) The period of time between the date the audit request was received by UHR and the date the higher level duties were removed from the job.

The incumbent employee's pay would then continue at the original classification rate.

If it is determined that the higher level position should be added, the reclassification, and new pay rate, becomes effective, retroactively, as described in the "Pay Administration Guidelines."

(D) Classification review and appeal

(1) General information

The incumbent employee may request an internal review or appeal of the audit decision. Requests for review must be submitted on a completed "Classification Appeal" form. The appeal form must be submitted to the UHR liaison for the employee's unit within fifteen days of the date of the audit decision. Nothing in this policy shall limit or restrict the employee's appeal rights under the Revised Code.

(2) Classified employees

Classified employees may appeal either the original audit decision or the final decision issued by the chief human resource officer (CHRO) to the state personnel board of review, in accordance with the revised code and the administrative code. Appeals must be filed with the state personnel board of review within thirty calendar days of the original audit decision or the final decision issued by the CHRO.

(3) Administrative employees

Administrative (unclassified) employees may appeal audit decisions to the CHRO, Administrative (unclassified) employees may also appeal audit decisions to the office of equity and civil rights compliance, but only if their appeal is based on equity concerns.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-040.html

Effective: 6/20/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-43 Problem-solving procedure for classified employees.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-043.html

(A) Overview

This policy provides a procedure to address issues for all non-bargaining-unit, Classified employees.

This policy provides employees the opportunity to present their complaints, problems, or concerns to management in lieu of filing with the state personnel board of review ("SPBR"). The SPBR is available to classified employees to hear appeals of actions, including reduction in pay or position, job abolishments, layoff, suspension, discharge, assignment or reassignment to a new or different position classification, and disability separations. The SPBR has time limits on appeals, ten calendar days for some issues, which means the employee must file promptly. Filing a complaint with the university does not extend the time to file with the SPBR; hence, in many cases, the employee must choose between using this policy and using the SPBR for any particular issue; seehttp://codes.ohio.gov/oac/124-1-03.

Any employee who has filed with the SPBR and wishes to discuss resolution should contact the chief human resource officer or the senior director of human resources to determine whether resolution is possible.

Any employee whose problem involves alleged discrimination will be directed to the office for equity and civil rights compliance (see policy 40.001 ).

Performance evaluations and level of pay are not subject to this process, but may be appealed to one's supervisor.

Initial probationary removal orders are not subject to appeal under civil service law or university policy.

Retaliation against the filing employee or retaliation against any employee involved in this problem-solving process is prohibited. Retaliation by management or by another employee may be disciplinable up to and including termination.

The time limits specified in the procedure may be extended only by mutual written agreement of the parties concerned. If an answer is not received within the specified time limits, the issue automatically proceeds to the next step. For purposes of time limits, work days herein shall be defined as Monday through Friday. Holidays will be considered work days for purposes of time limits herein.

(B) Level one

If the issue is not settled during informal discussions, the employee shall reduce all facts concerning the issue to writing and present it to the employee's supervisor for discussion and resolution within ten working days after completion of informal discussions. In reducing the issue or problem to writing, the employee shall state the nature of the act or acts on which the problem is based, the time such acts occurred, the Ohio university policy or procedure that has been violated, and the remedy requested. If the employee desires assistance in reducing the problem to writing, classified senate may be asked for assistance in drafting the document. The employee's supervisor shall answer within ten working days after the problem has been presented. The answer should be in writing and indicate the facts and provisions of the Ohio university policy and procedure upon which the response is based.

(C) Level two

If the problem is not settled at level one, it will be presented by the employee to the planning unit head within ten working days after receiving the level one response, for discussion and possible resolution. The planning unit head shall give the employee a written response within ten working days.

(D) Level three

If the problem is still unresolved at level two, it will be presented by the employee to the classified senate chair, with a copy each to the senior director of human resources and to the planning unit head, within ten working days after receiving the level two response. Within fourteen calendar days, the chair shall appoint an ad hoc review committee composed of four classified staff persons, one of whom will be appointed to chair the committee and write its report, and none of whom shall be employed in the employee's planning unit. A fifth committee member may be appointed from the office for equity and civil rights compliance, the office of the ombudsman, or another appropriate division according to the judgment of the classified senate chair; that individual may be, but need not be, a classified employee. The review committee will review the complete record. The committee will meet with the employee to discuss the committee's authority, as defined in this policy, and the process for reviewing the issue.

The committee will notify the employee, the employee's dean, vice president, or provost, the chief human resource officer, and the chair of the classified senate of its written recommendation within thirty days of receiving the documentation of the issue. The chief human resource officer will have fourteen calendar days to accept or reject the committee's recommendation, and will notify the employee of his or her decision in writing. The chief human resource officer will also give that written decision to the chair of the classified senate (who will relay the decision to the review committee), and to the other recipients of the committee's recommendation. The chief human resource officer or designee will follow-up with the affected employee and department head within thirty days to determine compliance with the written decision.

All meetings shall be conducted in a private and secure setting. The employee may withdraw from the process, at any time, without penalty, by notifying the chair of classified senate in writing. The chair of classified senate will notify the review committee and request from the committee a summary of its work to date. All records related to the solution process will be retained by classified senate.

Guidelines for classified senate review committees are held by the classified senate chair and distributed to review committees each time they are appointed. They are also available in the office for equity and civil rights compliance, university human resources, and through the classified senate web site athttps://www.ohio.edu/csen/.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-043.html

Effective: 7/11/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-44 Transfer or promotion for classified employees.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-044.html

(A) Overview

This policy provides for posting and advertising of vacancies in classified positions at the university. This policy does not apply to any positions covered by a collective bargaining agreement.

Ohio university will inform classified employees of transfer and promotional opportunities through departmental and university-wide postings, using a variety of communications methods, when a vacancy occurs.

Planning unit managers will give first consideration to those qualified applicants currently employed in the planning unit where the vacancy exists. If the position cannot be filled by this internal posting process, then the vacancy will be posted university-wide for current university employees.

University human resources (UHR) will post and advertise the position for external applicants, if the vacancy cannot be filled from a university-wide posting.

The only employees eligible to apply for a transfer or promotion are full-time, part-time, and intermittent permanent employees. An employee is not eligible for transfer under this policy for a period of one year after accepting a transfer under this policy. An employee is eligible to be promoted under this policy only after satisfactorily completing the probationary period for his or her current position. Transfer under this policy does not initiate a new probationary period, but promotion does.

Transfers resulting from reorganizations to avoid layoffs will take precedence over this policy, as described in policy 40.046.

(B) Definitions

(1) Posting

A publicly displayed statement of a vacancy, used to notify internal employees of the position and of any examination(s) -- where applicable --that will be given. The posting will include the job classification, minimum qualifications, department, working hours, pay grade, a brief description of duties (including essential functions), responsibilities, skill assessment (if applicable), and deadline date for applying. Postings may be communicated by e-mail, Web pages, campus mail, placing printed copies on departmental bulletin boards, etc.

(2) Transfer

The movement of a person to a similar position - a position similar in duties and responsibilities and of the same value (pay grade and range).

(3) Promotion

The appointment of an employee to a different classification which is assigned a higher pay range than the previous position.

(4) Limited access posting

A posting intended to create a ranked list of eligible candidates without notice of a specific vacancy, to establish a pool of candidates for a particular classification, to be used for a specified period of time (up to two years).

(5) Open posting

A posting intended to create a short-term (ranked or unranked) eligibility list for a specific position, which will be used only for filling that vacancy.

(C) Minimum qualifications

All applicants must meet each of the following minimum qualifications:

(1) Must have completed the probationary period for the currently held full-time or part-time permanent or permanent intermittent position.

(2) Must have a satisfactory attendance record.

(3) Must have received at least a satisfactory overall rating on the most recent performance evaluation.

(4) Must meet each of the minimum requirements for the posted vacancy.

(D) Procedures for transferring or promoting employees

(1) Notice of vacancy

(a) When a vacancy occurs within a planning unit, UHR must be contacted to review and determine the appropriate job classification, pay grade, and whether the position will be filled through a limited access posting or an open posting.

(b) The planning unit hiring manager will prepare the "Position Requisition" for review and approval by UHR, working online through the UHR employment web site, linked fromhttps://www.ohio.edu/hr/employment/.

(c) The notice of vacancy will be posted on the planning unit bulletin board, and circulated within the planning unit by the manager for a period of three working days.

(d) All interested employees must apply online through the UHR employment web site, linked fromhttps://www.ohio.edu/hr/employment/, before the closing date of the posting.

(e) If fewer than three qualified applicants from within the planning unit submit applications through the UHR employment web site, the planning unit manager may request to have the position posted university-wide.

(f) All university-wide positions will be posted on the UHR employment web site, linked fromhttps://www.ohio.edu/hr/employment/, for a period of three working days.

(2) Testing and practicals

(a) If an examination is requested by the hiring department, the hiring department will supply technical questions to UHR (for areas where employment tests have not been developed).

(b) UHR will be responsible for developing and conducting the appropriate examination(s).

(c) Provisions will be made to accommodate applicants with protected disabilities in accordance with state and federal law.

(d) Any questions, concerns, or complaints regarding testing must be directed to UHR.

(e) Test results for full or part-time permanent positions will be valid for a one year period from the date the test was taken.

(f) If the hiring department decides that a departmental examination or practical is to be administered, both must be approved by UHR.

(3) Screening and ranking process

(a) UHR will screen all applicants to determine if they meet the minimum qualifications for a transfer or a promotion. Only those applicants who meet the minimum criteria will continue in the hiring process.

(b) Candidates seeking a transfer will be considered without additional testing except when a practical is required.

(c) Candidates seeking a promotion must be tested by UHR, where appropriate, and may be subject to a practical.

(d) A medical evaluation may be required when a employee has been promoted to a new position that requires different or increased physical qualifications.

(e) If UHR received at least three acceptable applicants from within the planning unit, the vacancy will be filled from within that planning unit by transferring or promoting an employee.

(f) If there are fewer than three internal applicants from the planning unit, the vacancy may be posted university-wide. The process outlined in this section will be repeated.

(g) Candidates will be ranked according to the test and interview results, efficiency, and experience.

(h) UHR will assist the hiring department in coordinating and conducting the structured interviews, if requested.

(4) Selection process

(a) UHR will notify the hiring department head (or designee) of the qualified candidates.

(b) The department head (or designee) making the selection may recommend the top-ranked candidate without an interview, or interview a number of candidates and select one.

(c) The hiring department must complete and submit to UHR the online "Bargaining Unit/Classified Employment Hiring Report" showing the rank order and selection criteria used in the selection process.

(5) Hiring offer

(a) UHR is the only authorized representative to make an official hiring offer.

(b) When there is nonconcurrence, UHR will advise the department head of the reasons and consult with the department head to achieve a resolution.

(c) If there is concurrence, UHR will make the offer as described in the "Bargaining Unit/Classified Employment Hiring Report."

(d) UHR will make the hiring offer, confirm an acceptance in writing, establish the effective date to report to the new department, and schedule the employee for a physical examination if appropriate.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-044.html

Effective: 7/15/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-45 Separations and reinstatements of classified employees.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-045.html

(A) Overview

This policy provides specific guidelines for initiating, processing, and implementing separations and reinstatements of classified employees.

It is the responsibility of the department head to notify university human resources of all separations involving classified personnel. Such notification should be in writing and should be given at least two weeks in advance of the separation date, except for disciplinary separations (see paragraph (B)(4) of this policy).

(B) Separations

All separations are to be recorded in writing, as described in this policy for each type of separation.

Any employee who has been separated from the university must not work or turn in compensable hours after the effective date of separation.

These procedures apply to the following types of separations:

(1) Resignations

(a) Any employee resigning from the university shall notify his or her supervisor or planning unit head at the earliest opportunity. Failure to provide two weeks notice of resignation may jeopardize the employee's standing. An employee who verbally resigns, and who fails to submit a written resignation, and who is absent from work without authorization, shall be deemed to have resigned on the date of verbal resignation.

(b) Resignations are irrevocable, except by mutual agreement of university human resources and the planning unit.

(c) The final pay will be processed at the normal date for the pay period that includes the employee's last working day, if payroll receives timely notice. If the employee is eligible for vacation pay, the employee will receive the vacation pay as a lump sum payment one pay period after receiving pay for their final wages, in accordance with policy 41.001; see also policies 40.030 and 40.031.

(2) Job abandonment

Any employee in the classified service who is absent from duty habitually or for three or more successive duty days, without leave and without approval by the employee's appointing authority for such absence may be subject to removal for neglect of duty under provisions of section 124.34 of the Revised Code.

This rule does not require an appointing authority to initiate removal action if it is determined to be unwarranted nor does it preclude removal action for a shorter period of absence if the absence is of sufficient seriousness. The determination as to what constitutes a serious situation shall be made by the appointing authority. The employing department head must notify the chief human resource officer in writing as soon as it is evident that the employee has abandoned his or her job. The employee will be dismissed "for cause," and is therefore subject to policy 40.031.

(3) Retirements

See also policy 41.090.

(a) Employees who meet the eligibility requirements and wish to retire should notify their department as soon as feasible. Employees should complete the "Retirement Separation Form" and submit it to university human resources in advance of retirement.

(b) All retirements are effective on the first day of the month immediately following the last day for which an employee is paid.

(c) An employee who is retiring must not work or turn in any compensable hours after the last day of the month prior to the retirement effective date. Returning retirees must seek the advice and counsel of university human resources, and the department must follow policy 40.037.

(4) Terminations for cause

The authority to issue disciplinary terminations of employment rests solely with the chief human resource officer as the appointing authority under Chapter 124. of the Revised Code. Any recommendation of employment termination by the employing department must be made by written memorandum to the chief human resource officer. Thereafter, university human resources will review the matter and the employee will be given the opportunity to provide information as to why discipline should not occur, or should be mitigated. The chief human resource officer will notify the department head and the affected employee(s) of final action on the disciplinary termination. If the employee is dismissed, it will be "for cause," and is therefore subject to policy 40.031.

(5) Abolished positions

If it becomes necessary to abolish a current classified position, a written notice must be sent by the department head to the chief human resource officer as far ahead of the proposed effective date as possible, but no later than thirty calendar days prior. The memo should indicate the position to be eliminated, reasons for abolishment, name of the incumbent, and proposed effective date. The chief human resource officer will notify the department head and the employee whose position is being abolished of final action on the position abolishment. Notice to the employee will be given at least two weeks in advance, with a longer notice when it is possible. The notice will confirm effective date, reasons for discontinuance of the position, and status of the employee regarding benefits, recall, and other pertinent information. See policy 40.046 for details, including transfer rights, retention point calculations, and displacement.

(C) Reinstatements

(1) Ineligible employees

Former employees in the categories listed here shall not be eligible for rehire absent the explicit written approval of the appointing authority:

(a) Employees who received a termination for cause,

(b) Employees who resigned without the required two weeks notice,

(c) Employees who received an unacceptable work performance rating on their last performance evaluation, or

(d) Employees who resigned by mutual agreement pending disciplinary action.

(2) Eligible employees

Proper reemployment may be accomplished through university human resources, for former employees who left for the following reasons:

(a) Probationary removal: Any employee removed from employment during a probationary period may be considered eligible for future application for re-employment with the approval of the chief human resource officer. Approval will be based on the circumstances of their removal and work history since their removal.

(b) Separations in good standing: All former employees who otherwise vacated employment in good standing (i.e., with a minimum of two weeks notice and satisfactory performance) may be considered valid candidates for reemployment subject to all provisions of policy 40.038.

(c) Retirees: returning retirees must seek the advice and counsel of university human resources, and the department must follow policy 40.037.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-045.html

Effective: 7/3/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-46 Layoff and position abolishment for classified civil service employees.

The version of this rule that includes live links to associated resources is online athttp://www.ohio.edu/policy/40-046.html

(A) Overview

Reductions in force for classified staff may occur any time during the year and may be based on lack of funds, lack of work, or abolishment of positions due to reorganization for efficient operation, reasons of economy, lack of work, or more than one of these reasons.

Ohio university will initiate any layoffs or position abolishments and any resulting displacement of employees in accordance with the provisions of sections 124.321 to 124.328 of the Revised Code, and rules of the 123:1-41-01 to 123:1-41-22 Administrative Code shall be followed to the extent they are not amended by this policy.

(B) Process

If it becomes necessary to abolish positions or to layoff employees, the following procedures will be followed:

(1) Abolishment of a position

A position abolishment may occur as a result of a reorganization for the efficient operation of the university, for reasons of economy, or for lack of work that is expected to be permanent.

(2) Layoff due to lack of work or lack of funds

If the university administration determines that a reduction in the work force is necessary due to a lack of funds or a lack of work, the chief human resource officer shall determine the classification(s) in which layoffs will occur and the number of employees to be laid off within each classification.

The order of layoff, within each appointment category, will occur in accordance with rule 123:1-41-07 of the Administrative Code.

(3) Approval

(a) The employing unit must complete a request for reduction in work force form with supporting information and justification and submit it to university human resources at least thirty days in advance of the proposed date for implementing a reduction in force. The documentation must explicitly state the reasons for the reduction in force.

(b) The employing unit should review and reduce temporary staff prior to any reduction of permanent classified staff.

(c) An employing unit may not implement a reduction in force until approval is obtained from university human resources.

(C) Transfer rights

An employee, who is to be laid off as described in paragraph (B)(1) or (B)(2), of this rule of this rule, shall have the right to transfer to an available vacancy. This transfer may be to a same or similar position with no reduction in base pay, however in no case may it be a promotion. The employee's right to transfer shall operate prior to the calculation of retention points and prior to the displacement of any other employee, as defined in this policy, and prior to the posting process defined in Policy 40.044. human resources may temporarily assign an employee, at no loss of base pay, pending an appropriate vacancy within the university in order to avoid a layoff. If no vacancy exists, the employee retains the right to displace employee(s) with fewer retention points.

(D) Retention points

The calculation of retention points is based on the employee's current continuous service, which is from the most recent hire date. Employees who change between less than full-time and full-time without lapse will be treated as one continuous employment.

Over time is not considered for purposes of computation of retention points for continuous service.

Administrative Code of the 123:1-41-09 Rule shall dictate procedures in the event of ties in the computation of retention points. All other provisions of rule 123:1-41-09 of the administrative code will apply.

For the purposes of calculating retention points, full-time service shall include services as a full-time permanent, full-time seasonal, full-time interim, or full-time temporary employee. For full-time seasonal, full-time interim, or full-time temporary service, credit will be given only for those pay periods in which the employee was scheduled to work. An employee in a full-time position at any time during a pay period is considered to be full-time for the entire pay period.

Computation of retention points for continuous service shall be made in two steps:

(1) Crediting each employee with a base of one thousand retention points.

(2) Crediting each employee with additional retention points for each bi-weekly period of continuous service in which the employee had active pay status:

(a) For those pay periods in which the employee had any full-time service, the credit is one retention point per pay period.

(b) For those pay periods that had only other than full-time service, the credit is one-half retention point per pay period.

(E) Notice

At least fourteen calendar days prior to the effective date of any position abolishment or layoff of employees, the chief human resource officer shall prepare and post in a conspicuous place accessible to affected employees, a list containing the names, dates of appointment, types of appointment, status, classification, and retention points of all employees in the affected classification series, and which specific positions are to be abolished or which employees will be laid off.

The chief human resource officer shall notify each employee to be laid off, in writing, at least fourteen calendar days (if by hand-delivery) or at least seventeen calendar days (if by mail) prior to the effective date of layoff or layoff due to displacement. The content of such layoff notice will be in accordance with rule 123:1-41-10 of the Administrative Code.

(F) Benefits

(1) Payment for accrued vacation will be made at the time of the layoff termination date.

(2) There is no payment for accrued sick leave at time of the layoff termination date.

(3) All insurance benefits will be continued until the layoff termination date. Employees may be eligible for the reduction in force benefit program set forth in Policy 41.015. COBRA benefits will apply after the reduction in force layoff termination date if the salary and benefit continuation plan is not selected, and after the termination of benefits if the plan is selected.

(4) Classified employees may continue to apply for university positions as internal candidates for one year after the effective date of their reduction-in-force termination.

(G) Recall and reinstatement rights

Employees who are laid off shall have recall and reinstatement rights for a period of one calendar year from the date the employee was first laid off or displaced from his or her original classification. Recall and reinstatement of laid off employees shall be in accordance with rules 123:1-41-16 to 123:1-41-19 of the Administrative Code.

(H) Appeal

An employee may appeal a job abolishment, layoff, or a displacement that is a result of a layoff, to the state personnel board of review within ten calendar days after receipt of notice of job abolishment, layoff, or displacement.

The version of this rule that includes live links to associated resources is online athttp://www.ohio.edu/policy/40-046.html

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-47 Rest breaks for classified employees.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-047.html

(A) Overview

This policy provides a uniform policy regarding rest breaks for Ohio university classified employees.

(B) Process

Two fifteen-minute rest breaks will be provided each classified employee during each eight-hour work shift. One break will be taken during the first four hours of the shift and one break will be taken during the second four hours of the shift. All breaks are to be scheduled by the supervisor responsible for other work scheduling. Whenever possible, rest breaks should be scheduled during the middle part of each four-hour work period, and should be taken at the work site.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-047.html

Effective: 7/15/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-49 Overtime for non-exempt employees.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-049.html

(A) Overview

This policy ensures uniformity in awarding of overtime compensation.

All employees in non-exempt classifications are entitled to overtime compensation. The payment of overtime is governed by the Fair Labor Standards Act. All overtime must be authorized by the supervisor or department head or chair, in advance of work being performed, except in cases of emergency.

(B) Process

Employees in job classifications identified as non-exempt from overtime provisions of the Fair Labor Standards Act are entitled to overtime compensation for all hours in active pay status in excess of forty in any calendar week. For purposes of this policy "active pay status" is defined as all hours worked or approved as paid leave. Vacation, sick leave, holidays, and compensatory time off are included in the calculation of active pay status hours. Hours worked on a holiday are not counted in determining hours on active pay status for overtime purposes since these hours are already compensated at the premium rate of time and one half. (See policy 41.125.)

Overtime compensation is paid at the premium rate of one and one-half times an employee's total hourly rate of pay. The total hourly rate includes the base rate of pay plus any pay supplements. Overtime hours are reported on the employee's time report for the pay period in which they were earned, unless the employee elects to receive compensatory time off in lieu of cash payment.

Temporary hourly, non-exempt employees are not eligible to receive compensatory time off in lieu of overtime pay. Other hourly, non-exempt employees may elect to receive compensatory time off in lieu of overtime pay. Such compensatory time is also awarded at the premium rate of one and one-half hours of time off for each hour of overtime. A maximum accrual of four hundred eighty hours is permitted for intermittent employees; a maximum accrual of two hundred forty hours of compensatory time is permitted for other employees. When the maximum hours of compensatory time accrual is reached, compensation for overtime shall be made in cash.

Compensatory time cannot be accrued until the total hours for the week exceed forty. The number of hours requested to be accrued must not exceed the number of overtime hours worked during that week.

Use of compensatory time off must be scheduled with supervisory approval, and the time must be used within one hundred eighty days from the date it is earned. If arrangements cannot be made to take the compensatory time off within the one hundred eighty-day period, such compensatory time will then be paid in cash. University human resources shall post online, and make available via paper upon request, the processes for staff to elect and to use compensatory time.

If an employee terminates employment or transfers to another department, the compensatory time balance must be paid at the time of termination or transfer. Such cash payment shall be paid at a rate which is the higher of:

(1) The final regular total hourly rate; or

(2) The average regular total hourly rate received during the last three years of employment.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-049.html

Effective: 7/2/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-51 Compensation of classified employees during declared emergency.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-051.html

(A) Overview

This policy provides for declaring an emergency school closing and establishes guidelines for the compensation of classified employees during an emergency.

Only the president of Ohio university (or his or her designated representative) has the authority to declare an emergency and close school for the main campus, regional campuses, or regional teaching sites of Ohio university. Such authority may be delegated to deans of regional campuses. Communication of a declared emergency will be released through university communications and marketing, and every effort will be made to communicate a declared emergency to all faculty, staff, and students through deans, directors, and department heads.

Emergency closings announced by other agencies, such as Ohio governmental offices, local city and county officials, etc., do not apply to Ohio university employees. The only exception is that the president, or his or her designee, will close school and cancel classes for the Athens campus whenever the Athens county sheriff's department declares that a level III snow emergency exists for Athens county. Closing and reopening times will be announced through all media. Employees are expected to report to work, or call in, if inclement weather prevents travel when the university is not closed. A weather condition that prevents an employee from reporting to work may not be used for an excused absence if the university continues to operate. Employees will be expected to use personal leave or vacation time for those occasions when they must miss scheduled work. Emergency service and other outside agencies cannot advise Ohio university employees as to their employment rights or responsibilities.

An emergency is defined as a period when the university must suspend normal operations due to an "act of God" or other unforeseen circumstance. An emergency shall be for a stated period which may be shortened or extended by the president or his or her designee.

In a declared emergency, certain employees may be required to work to provide essential services. Essential service employees will be designated and contacted by their department heads or supervisors and will be assigned to work schedules as required by the emergency situation. Essential service employees, where necessary, will be provided transportation and lodging in university residence halls or adjacent motels during the time of the declared emergency.

Employees who have not been designated as essential service employees will not be required to report to their work locations during a declared emergency. These individuals should not report to work unless supervisory approval has been given to be on campus.

During a declared emergency, buildings will be closed to all nonessential personnel. Faculty and staff not on emergency duty should not be on campus.

(B) Processes

Employees who are not on-site before a declared emergency must use appropriate vacation, personal days, or sick leave per regular university policies up to the time of the declared emergency. Employees on site (main campus, regional campus, or teaching center) will be paid at their regular rate of pay before a declared emergency. Once a declared emergency occurs, employees on site who are not required to work and are sent home, and employees not on site, will be paid at their regular rate until the end of their regularly-scheduled shift. Only the president or his or her designee can declare an emergency and allow employees to leave before the end of their shift.

Employees who are not required to work during a declared emergency will be paid at their regular rate for any hours they normally would have been scheduled to work.

Employees who are asked to work but are unable to report for work will be paid at their regular rate for any hours they normally would have been scheduled to work.

Essential service employees who are required to work during a declared emergency will be paid at their regular rate and, in addition, will be paid at their overtime rate for any hours actually worked (one hour regular pay plus one hour of overtime pay at 1.5 times regular rate equals 2.5 times regular rate during a declared emergency).

During a declared emergency, employees may need to work extra shifts, different times of the day on different days, etc. Therefore, the total rate for the employee will be used to determine all overtime pay (i.e., shift differential would not apply during an emergency if an employee does not normally receive it in his or her total rate but would receive it if it is a part of his or her total rate).

The option of receiving overtime pay or compensatory time off at the time and one-half rate will apply, consistent with departmental policies.

Any hours worked during a declared emergency should be reported on the time sheets or cards as "other hours" (code E) and "overtime" (unless requesting compensatory time).

Any hours scheduled but not worked during a declared emergency should be reported on the time sheets or cards as "other hours" (code E).

Employees who are on travel status during a declared emergency shall receive their normal rate of pay only.

Employees who are on approved leave of absence, seasonal or indefinite layoff, or any other inactive pay status are not eligible for compensation during a declared emergency.

Prior to the time of a declared emergency, employees who had previously requested sick leave, vacation, or personal days during a time in which a declared emergency occurs will be charged with sick leave, vacation, or personal days for the period requested when authorized by their department head.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-051.html

Effective: 7/16/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-53 Flextime and flexplace scheduling for classified staff.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-053.html

(A) Overview

Ohio university endeavors to foster a work environment that maximizes productivity and morale. The purpose of this policy is to allow an Ohio university classified civil service employee to be given fair consideration in modifying their work schedule and work site. This modification is to accommodate a temporary need of the employee.

Ohio university's flextime and flexplace work schedule allows classified civil service employees, who are not covered by a collective bargaining agreement, latitude in scheduling their work hours and worksite within specified limits. These limits, as well as the implementation of this policy, continuance of the flextime and flexplace arrangement, discontinuance, or modification of the flextime and flexplace arrangement is at the discretion of the individual planning unit head (see part (C) of this policy). Upon approval of a flextime or flexplace arrangement by the planning unit head, the chief human resource officer will review it to assure consistency and fairness throughout the university.

(B) Discussion

Employees in each planning unit can seek consideration for use of this policy by submitting their written request to their immediate supervisor and allowing the flextime supervisor to work with their appropriate department head, director, and eventually with the planning unit head. The written request must contain the rationale for requesting flextime or flexplace. This written request must be sent through the channel of command to the appropriate planning unit head. If a flextime arrangement is approved by the appropriate supervisor, department head, director, and the planning unit head, the planning unit head will forward the information to university human resources. The planning unit head and the employee will then receive a written response from university human resources with a copy to appropriate planning unit staff. This written response will include the rationale for allowing, or not allowing, the request.

When making a decision about flextime implementation, the planning unit head must first consider the needs of the department. These needs are to include adequate staff coverage sufficient to meet the operating requirements of the department and user departments. Not every request for flextime scheduling will be possible. To assure consistency and fairness in implementation, the chief human resource officer must review each flextime scheduling request that has been approved by the planning unit head. The chief human resource officer will insure that flextime is administered consistently and equitably throughout the university at large. The chief human resource officer will also insure that flextime schedules conform to appropriate federal, state, and local laws and university policy and needs. University human resources shall be available to offer advice and counseling concerning the department's implementation of this policy.

The positions most likely to be given favorable consideration are those that are very structured and where the output is more easily measured and predictable, e.g., budget or financial related, data entry, writer or editor, etc. For purposes of this policy, standard work hours at the university are eight a.m. to five p.m.

In an effort to accommodate an employee's personal needs, supervisors, department heads, directors, and planning unit heads are encouraged to allow the use of flexplace when it would help an employee better accommodate personal needs and where the arrangement would not adversely effect productivity of the employee's department or the ability of the department to provide personal services for its clients and customers. In some departments, work schedules and the need for team coordination may render flexplace impractical. When job responsibilities and opportunities for adequate supervision permit, working at home or other alternate locations may be incorporated within a flexplace arrangement. In all cases, flexplace schedules will be authorized only under extraordinary circumstances by the planning unit head, in consultation with the chief human resource officer.

Flexplace recommendations should be requested for a specific period of time (not to exceed twelve months) and should include defined standards of performance which assure that the work done off premises is equal to a regular on-site workload. Quality and quantity of work production should be evaluated periodically to assure proper functioning of the program. The chief human resource officer shall insure that the policy is fairly and equitably implemented within the context of the entire university. The university human resources office shall be prepared to offer the requesting department assistance in drafting the individual arrangements and procedures.

(C) Planning units

The list of planning units changes too often to be reasonable to maintain as an explicit part of this policy. Instead, it is the responsibility of the office of budget planning and analysis to maintain the list online, linked fromhttp://www.ohio.edu/finance/bpa/contact.cfm.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-053.html

Effective: 7/16/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-54 Family and medical leave.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-054.html

(A) Overview

The Family Medical Leave Act (FMLA) became effective August 5, 1993, and applies to Ohio university and its employees. This law is intended to define the rights and responsibilities of the employee and the university related to entitlement to leave, maintenance of health benefits during leave, and job restoration after leave. The law sets forth requirements for notice and certification of the need for FMLA leave. It protects Ohio university employees who request or take FMLA leave, and it imposes certain record keeping requirements on Ohio university.

The purpose of this policy is to publish information about university and employee rights and obligations under the FMLA.

Ohio university will comply with the requirements of the FMLA and will assist its employees in balancing their work and family life by taking reasonable leaves for certain family and medical reasons.

(B) Process

In order to manage and enforce the comprehensive requirements of the FMLA, the university has published a manual entitled "Guidelines for Management and Enforcement of Rights and Responsibilities Under the Family Medical Leave Act," which is online, linked fromhttps://www.ohio.edu/hr/benefits/loa.cfm. University human resources will maintain this manual based on legal counsel and case law precedents, conforming to any changes in the law or applicable regulations, and accurately reflecting actual practice.

The manual addresses the substantive and procedural rights and responsibilities of individual employees and of the various units within the university under the FMLA. A copy will be available at the Ohio university library in the reference department. Upon request, university human resources will provide employees with a printed copy of the FMLA manual at no charge to the employee. Employees may also obtain a copy of the manual or portions thereof from the FMLA web site linked in this policy.

Individual administrative departments are responsible for complying with the management and record keeping requirements of the FMLA, with assistance from university human resources. Other leaves of absence may be available to the employee upon exhaustion of his or her leave under the FMLA (see policy 41.128 and policy 40.033 ).

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-054.html

Effective: 7/16/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-56 Voluntary short-term FTE reduction for administrators.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-056.html

(A) Overview

Planning units and departments can address short-term budget concerns while fulfilling scheduling needs of their full-time contract administrative staff by offering a voluntary short-term full time equivalent (FTE) reduction. The program objectives are:

(1) To offer employees an option of greater workplace flexibility to meet their personal needs.

(2) To offer departments a short-term budget reduction option.

(3) To allow adjustment of staffing to predicted workload variations.

Employees may arrange with their supervisors, department heads, and planning unit heads for a voluntary, short-term reduction in the employee's position FTE. Review of these arrangements by university human resources (UHR) will include examination of their voluntary nature.

(B) Process

Voluntary short-term FTE reduction occurs according to the following process:

(1) Employee requests FTE reduction from immediate supervisor (see part (D)(1) of this policy).

(2) Immediate supervisor, department head, and employee clarify terms of reduction and complete the "Voluntary Short-term Reduction Form." This may include specification of the minimum notice for early cancellation; if not specified, it defaults to two weeks; see part (B)(9) of this policy.

(3) Department head evaluates operating needs, service levels, and other FTE reduction requests from within the department (see part (D)(2) of this policy).

(4) Department head forwards request(s) with recommendations to planning unit head for approval or disapproval.

(5) Planning unit head informs the department head and employee of the decision (see parts (D)(3) to (D)(6) of this policy), including any modifications of the duration and vacation accrual described in the submitted "Voluntary Short-term Reduction Form."

(6) The employee confirms in writing his or her acceptance of the FTE reduction as approved.

(7) Department head processes approved FTE reductions with UHR and payroll services.

(8) Approved reductions are short-term reductions with a duration as specified in the submitted "Voluntary Short-term Reduction Form." unless modified by the planning unit head at the time of approval.

(9) The department may cancel the reduction based on the needs of the university or department. The employee may also cancel the reduction. Such cancellation by the department or employee takes effect two weeks after notice is given, unless a different date is mutually agreed upon, or a different minimum notice was specified under part (B)(2) of this policy.

(C) Compensation and benefits

The following apply to short-term reductions:

(1) Pay: will be reduced and pro-rated in accordance with the FTE reduction.

(2) Health insurance: There will be no change in the health insurance coverage or premium.

(3) Payroll deductions: The employee will need to arrange (with UHR) for direct payments for those months, if any, when pay is zero or so small that no payroll deduction takes place. This applies to health insurance and other payroll deductions.

(4) Vacation accrual: For the duration of this short-term FTE reduction, the vacation accrual will be adjusted. If the employee work forty-hour weeks for a reduced number of months per year, vacation will accrue at the regular two days per month rate:

(a) Eleven months - earn up to Twenty days per year

(b) Ten months - earn up to eighteen days per year

(c) Nine months - earn up to sixteen days.

If the employee works fewer hours per week, vacation will accrue on a pro-rated basis, as specified in the submitted "Voluntary Short-term Reduction Form." unless modified by the planning unit head at the time of approval.

These vacation accrual schedules are an exception to policy 41.010.

(5) Education benefits: no change.

(6) Retirement: OPERS retirement credit will be earned for every month worked. To receive credit for a month, the employee must earn a minimum of Two hundred fifty dollar and be on active pay status (includes time worked, vacation, sick, and personal-time pay) during that month.

(7) Sick time accrual: no change (see policy 40.029 ).

(8) Twelve-month pay plan: During their short-term FTE reduction, employees may choose to receive their pay in twenty-four equal semi-monthly amounts, as described in policy 41.007.

(D) Notes

(1) The reduction can be in many forms, examples of which include:

(a) Reduced days per week.

(b) Reduced weeks per month.

(c) Reduced months per year (OPERS credit is only available for months worked: contact UHR for advice and counsel).

(2) Department heads and planning unit heads must consider the operating needs of their units and all requests from other employees to determine what should be approved. Requests from other employees and service impact will influence the planning unit head's decision to accept, alter, or deny any requests.

(3) Savings accrued from the FTE reductions will be used at the discretion of the planning unit head to meet short-term budget shortfalls.

(4) Approval of the reduction does not reduce the authorized FTE strength of the planning unit.

(5) The reduction can be extended by mutual consent. A new "Voluntary Short-term Reduction Form" should be completed and the process of part (B) of this policy, followed. All documentation must be forward to payroll services and UHR's records department.

(6) If a "permanent reduction" is later mutually agreed upon, the department and employee will officially change and adjust the FTE of the position, as governed by separate guidelines available from the provost's office.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-056.html

Effective: 7/17/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-57 Research appointments.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-057.html

(A) Overview

This policy establishes a "research" category of employees at Ohio university, delineates the terms and conditions of research appointments, and ensures consistent treatment of these employees.

Under section 124.11 of the Revised Code, positions and employees involved in research are considered "unclassified" employees. Ohio university defines research employees as non-faculty, non-student employees who are externally funded, and who predominantly conduct or support experimental, applied, or theoretical research work in a particular discipline.

Appointments as research faculty (e.g., assistant research professor, associate research professor, or research professor) are governed by policy 01.015 and the "Faculty Handbook."

In the absence of an exception formally granted in accordance with policy 01.003, this policy applies to all research employees whose positions are funded more than fifty per cent from any combination of the following sources:

(1) Startup funds for new faculty (oracle financials accounts with project code prefix "SU").

(2) Research incentive funds (oracle financials accounts with project code prefix "RI").

(3) Restricted accounts (e.g., grants and contracts).

(4) Internal awards -- often used for postdocs, this includes 1804 fund research grants (oracle financials accounts with project code prefix "IA").

(5) Foundation accounts (oracle financials accounts with project code prefix "FN").

Any position otherwise falling under policy 40.058 can be designated a research position on the basis of its funding source. As appointing authority, the chief human resource officer will make final determinations regarding research designation. For example, a new, one-hundred-per-cent-grant-funded position determined to be an administrative assistant could be designated as research, and terms and conditions of appointment would adhere to this policy.

(B) Process

Unless otherwise noted, research unclassified hourly will follow existing compensation and benefits policies for non-bargaining unit classified staff, and research administrators will follow existing compensation and benefits policies for administrators.

Research employees are considered special appointments, as described in policy 40.106.

Policies 41.013, 41.012, and 40.041 do not apply to research employees. Employment for research employees is considered "employment at will," and is at the discretion of the employing authority. The university can terminate the appointment at any time. Written notice of termination will be provided at least two weeks in advance of the anticipated termination date, if circumstances permit.

(C) Research employment categories

Research employees can be salaried (administrative) or hourly (unclassified hourly). Appointments can be regular (nine- to twelve-month employment period), or term (less than nine-month employment period), as follows:

(1) Unclassified hourly

Unclassified hourly employees may hold positions meeting any of these three descriptions:

(a) Full-time regular research unclassified hourly: forty hours per week; nine- to twelve-month employment period.

(b) Part-time regular research unclassified hourly: less than forty hours per week; nine- to twelve-month employment period.

(c) Term research unclassified hourly: zero to forty hours per week; zero- to eight-month employment period.

(2) Administrative

Research administrator employees may hold positions meeting any of these three descriptions:

(a) Full-time regular research administrator: forty hours per week; nine- to twelve-month employment period.

(b) Part-time regular research administrator: less than forty hours per week; nine- to twelve-month employment period.

(c) Term research administrator: zero to forty hours per week; zero- to eight-month employment period.

(D) Compensation and benefits This chart indicates the pay type, pay rate determination method, and applicability of various benefits for each category of research employee. A "Y" indicates that the benefit or compensation on that row does apply to employees of that column.

Unless otherwise noted, research unclassified hourly will follow existing compensation and benefits policies for non-bargaining unit classified staff; research administrators will follow existing compensation and benefits policies for administrators; and, with the obvious exceptions of the first four rows of this table, the table applies to both research unclassified hourly and research administrative appointments.

Applicability of Benefits and Compensation by Research Employment Type

Compensation and Benefits

Full-time Regular ("Group I")

Part-time Regular ("Group II")

Term ("Group III")

  

Unclassified Hourly Pay

Hourly

Hourly

Hourly

Research Administrator Pay

Salaried

Salaried

Salaried

Unclassified Hourly Pay Determination

Will mirror classified pay plan (see policy 40.058 )

Research Administrator Pay Determination

Will mirror administrative pay plan (see policy 40.058 )

Health and Life Insurance

Y

Y

  

Educational Benefits

Y

Y

  

Sick Leave

Y

Y

  

Sick Payout

Y

Y

  

Vacation Leave

Y

Y

  

Vacation Payout

Y

Y

  

Unemployment

Y

Y

Y

Workers Compensation

Y

Y

Y

Holidays

Y

Y

Y

Medical Leave

Y

Y

FMLA only

Disability Leave

Y

Y

  

Personal Leave

Y

Y

  

Performance Evaluation

Y

Y

Informal

Annual Pay Raise

Hourly: standard formula; salaried: merit-based; both: budget allowing

Employment Process

Online

Online

Online

Retirement

Y

Y

Y

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-057.html

Effective: 7/21/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-58 Administrative and classified compensation.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-058.html

(A) General policy statement

Pay determination decisions should support the university's commitment to a market-based pay approach. This ensures the university's ability to attract and retain the talent needed to support Ohio university's mission and initiatives. University human resources ("UHR") manages the pay plans and pay structure to ensure market competitiveness. The university will pay employees without regard to any of the categories listed as protected in policy 40.001, relative to:

(1) Internal equity based upon the skills and requirements of positions;

(2) External market as defined by UHR;

(3) Financial management of the university.

(B) Program objectives

Ohio university will maintain a salary program that:

(1) Is consistent with the general policies of the university;

(2) Is internally equitable and externally competitive with comparable market ranges;

(3) Ensures equitable pay for work requiring similar skill or competency, scope, and responsibility;

(4) Assures that university employees are fairly and justly rewarded for contributing their knowledge, skills, abilities, and time in accomplishing university objectives (implies "pay for performance" for all);

(5) Ensures that the salary program is administered with consistency and uniformity throughout the university, with regard to position evaluation and salary structure;

(6) Includes objective job specifications and qualifications as an aid to hiring and promotion;

(7) Provides a system to identify inequities and maintain competitive salary levels;

(8) Provides data for the strategic analysis of compensation costs and forecasts;

(9) Provides data supporting workforce, talent, and succession planning;

(10) Assures compliance with appropriate laws and regulations.

(C) Administrative responsibility

(1) President The president of Ohio university or the appropriate designee has authority and responsibility for the salary plan's goals, objectives, structures, and policies. The following are specific delegations of authority in the day-to-day administration of the program.

(2) Chief human resource officer Ongoing responsibility for overseeing the program is assigned to the chief human resource officer. As such, the following duties are in the chief human resource officer's purview, although in actual practice they may be assigned to other staff in university human resources:

(a) Drafting and recommending new or revised salary policies and procedures;

(b) Maintaining position descriptions in accordance with retention schedules;

(c) Monitoring the evaluation of new positions and re-evaluation of existing positions;

(d) Auditing the pay structure to maintain market competitiveness and internal equity;

(e) Reviewing compliance with the Fair Labor Standards Act, equal employment opportunity commission regulations, and other governmental regulations including the determination of a position's exempt or non-exempt status;

(f) Maintaining histories of salary and career records in accordance with retention schedules;

(g) Appraising pay plan program effectiveness and recommending program revisions as necessary;

(h) Advising and assisting departments in implementing pay plan policies, guidelines, and procedures in salary administration.

For specific forms and procedures for drafting a job description, please access the "Pay Administration Guidelines."

(3) Salary plan evaluation

The vice president for finance and administration shall direct the chief human resource officer to conduct a study of the administrative pay plan every three years, or as needed. The purpose of the study is to evaluate the salary plan in terms of effectiveness in achieving objectives, external comparability, and internal structure and usage by administrative units.

(4) Appropriate job documentation

The duties, responsibilities, and specifications of all positions in the program shall be kept on file with university human resources. The job description will provide information regarding the essential functions of the position, specifics with respect to position scope and accountability, and the skills and competency level requirements of the position. Managers are accountable ensure descriptions are accurate for each position they supervise, with input from their staff.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-058.html

Effective: 6/24/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-63 Flexible work schedule, flexible hours, and flexplace for administrators.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-063.html

(A) Overview

As a matter of work-life balance, Ohio university supports a progressive work culture and provides, where appropriate, flexible work schedules, flexible hours, and flexplace options for administrators. Ohio university acknowledges that there are growing demands on staff, as well as the growing demands on university space and energy requirements. Additionally, the university recognizes as a public entity, it is charged with using resources in the most efficient and effective manner.

(B) Flexible work schedules, flexible hours, and flexplace options

(1) Flexible work schedules Flexible work schedules may include such options as a compressed work week (for example, four ten-hour days, four nine-hour days and one four-hour day, etc.), or may include alternative start and end times to the work day. Flexible work schedules will not reduce the number of hours required to be worked by an employee. For example, a full-time employee will be required to work forty hours in a work week.

(2) Flexible hours

An additional purpose of this policy is to recognize occasional excess hours worked by an employee. A supervisor may approve reasonable, intermittent flexible hours in recognition of hours worked that are clearly in excess of the standard work week at Ohio university.

In such cases, the flexible hours option involves the downward flexing of the number of work hours in any given week and should be implemented within a reasonable time frame and as close to the period of excess hours worked as possible.

(3) Flexplace

Flexplace work options include working from home or an alternate location for one or more days per week.

(C) Use of flex options

The options for flexible work schedule, flexible hours, and flexplace are available when appropriate and at management's discretion. The "Guidelines for Flexible Work Schedule, Flexible Hours, and Flexplace for Administrators" sets forth the mandatory requirements for managers and administrators; it must be reviewed prior to granting a flex option. Flex options may be initiated by managers or affected administrators. The appropriate agreement form must also be completed prior to commencement of any flex options.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-063.html

Effective: 7/2/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-106 Administrative and classified appointments.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-106.html

(A) Overview

This policy defines appointment types for Ohio university. The chief human resource officer, as the appointing authority, shall administer the hiring practices of all appointments and shall review and facilitate all prospective appointment offerings. The wages, benefits, terms, and conditions of employment shall be governed by university practices, rules, policies, and procedures in effect at the time of hire and as they may be modified or amended.

(B) Regular appointments

Regular appointments can be full or part-time and are more than one hundred twenty consecutive days.

(1) Regular administrative appointments can be exempt or non-exempt, and are subject to renewal, non-renewal, or termination in accordance with policies 41.012 and 41.013.

(2) Regular classified employees are non-exempt, intended to be ongoing, subject to the needs of the department and the standards of job performance, as governed by Revised Code and Administrative Code, and policies 40.045 and 40.046.

(C) Term appointments

Appointments of a fixed duration greater than one hundred twenty days, but less than three years, without intention of continuing employment shall be referred to as "Term Appointments."

(1) Employees appointed to such positions will receive an offer letter, approved by UHR, that clearly sets forth the limited term of their appointment. Term appointees will not receive annual reappointment letters.

(2) Term appointments shall not be subject to policies 41.012 and 41.013.

(3) A term appointment may be terminated prior to the expiration of the term for any reason by giving the employee written notice thirty calendar days prior to the termination date.

(D) Temporary appointments

Short-term appointments of less than one hundred twenty days shall be referred to as "Temporary Appointments."

(1) Temporary appointments shall not be subject to policies 41.012 and 41.013.

(2) A temporary appointment may be terminated prior to the expiration of the appointment for any reason.

(3) A temporary appointment can exceed one hundred twenty days for reasons noted in section 124.30 of the Revised Code.

(E) Intermittent appointments

Positions in which an employee is scheduled to work only on days and hours as needed shall be referred to as "Intermittent Appointments."

(1) An appointment when an employee is required to work less than one thousand hours per fiscal year, or for a duration of a project or grant, which may exceed one thousand hours per fiscal year.

(2) Unclassified employee called in as needed, or on an emergency basis.

(3) An intermittent appointment may be terminated for any reason at the discretion of the appointing authority.

(F) Special appointments designation

Positions dependent upon financial support from sources other than University general operating and auxiliary funds shall be referred to as "Special Appointments." Special appointment is a designation that can be given to any of the above appointment types.

(1) Special appointees will receive an offer letter, approved by UHR, that states that they have "Special Appointments" that are dependent upon outside funding.

(2) Special appointees may be given appointments subject to renewal, non-renewal, or termination in accordance with policies 41.012 and 41.013.

(3) Notwithstanding policies 41.012 and 41.013, special appointments may be terminated at any time if the outside funding is decreased or eliminated. In this event, special appointees will be given notice of the termination as far in advance of the anticipated termination date as circumstances permit.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-106.html

Effective: 6/20/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-107 Nepotism.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-107.html

(A) Overview

Ohio ethics law and the related statutes found in the Revised Code generally prohibit public officials and employees from misusing their official positions for their own personal benefit or the benefit of their family members. The purpose of this policy is to ensure the hiring and supervision by and within the university is conducted in compliance with the Ohio ethics laws and in a manner that enhances public confidence in the university, prevents situations which give the appearance of partiality, preferential treatment, improper influence, and conflict of interest.

Relationship by family, marriage, or domestic partnership will not preclude hiring, promotion, or transfer, as long as the individual meets and fulfills the appropriate appointment standards. This policy provides guidance regarding the initial employment of family members and influencing employment of, or employment decisions regarding, family members. This policy also applies to situations where there is a change in family status for employees after employment. For example, the marriage of a supervisor to a supervisee would be a change in status that would cause the parties to be subject to this policy.

(B) Definitions

"University employee" means any person who is appointed to or is an employee of Ohio university, regardless of the source of funding for the employee's position. University employee applies to all forms of employment by Ohio university, including regular and term, full- and part-time appointments to administrative, classified, research, and bargaining unit positions, to overload contracts, to graduate appointments, and to graduate and undergraduate student employment (including employment under the program to aid career exploration, "PACE," and federal work study, "FWS," programs), and courtesy appointments.

"Family member", for purposes of this policy only, includes but is not limited to the following: spouse, domestic partner, children (biological, step, adopted, or foster), legal wards, siblings, parents, grandparents, grandchildren, uncles, aunts, father-in-law, mother-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, and other persons related by blood, adoption, or marriage.

"Supervision" means the direct ability to effect, or the power to effectively recommend, the hiring, renewal, evaluation, assignment of duties, establishment or adjustment of compensation and benefits, transfer, suspension, layoff, recall, promotion, discharge, reward, discipline, or settlement of the disciplinary grievances or appeals of another university employee.

(C) Hiring of family members

All university employees are prohibited from recommending, nominating, authorizing, or using the authority or influence of his or her position to secure the authorization of employment, for a family member.

(D) Supervision of family members

No university employee shall supervise any family member or participate (formally or informally) in any decision, or use his or her position to secure any decision, which affects the continuation, implementation, or terms and conditions of a family member's employment, nor provide direct approval of a family member's time sheets or payroll.

(E) Allowable and alternate arrangements

(1) Permitted circumstances

Nothing in this policy prohibits two family members from being hired and working for the university, even within the same department, provided all parties comply with the terms of this policy. The following circumstances are permitted by this policy:

(a) A family member is not prohibited from obtaining employment within the same department as a result of hiring, bumping, displacement, recall, promotion, appointment, or some other non-discretionary personnel action. Employment within the same department may also occur when a marital or other significant relationship develops subsequent to the employee's employment with the department. The family members are not prohibited from continuing to work for the university or specific department.

(b) A supervisory employee is not prohibited from working in the same department as a family member, provided the supervisory employee does not participate in the hiring of the employee and alternative arrangements have been made ensuring the avoidance of a direct line of supervision.

(c) A university employee is not prohibited from approving a union contract when his or her family member is a member of the union, unless the relative serves as a union officer, board member, or on the union negotiating team.

(d) A university employee is not prohibited from participating in general decisions that impact classes of employees, one of whom is a family member (e.g., unit- or university-wide decisions regarding salary increases, layoffs, changes in benefits, etc.).

(e) A university employee is not prohibited from participating in a general budgetary appropriation that includes money to fund a family member's compensation and benefits, or from participating in budgetary appropriations to a department that employs a family member.

(2) Alternate arrangements

University employees who are not family members as defined above, but who are in a close personal relationship, may be requested to use the provisions of this subsection in order to avoid any appearance of impropriety or conflict of interest.

The provisions of this subsection shall be followed whenever a subordinate supervisor would supervise the family member of his or her supervisor.

(a) University employees must notify their supervisor if any family member applies for a position for which they will be responsible or may influence the employment actions as detailed in this policy. Family members must delegate authority to other parties or recuse themselves from hiring-related decisions regarding their family members.

(b) Internal applicants are required to self-disclose, at the time of application, if the position for which they are applying reports to or supervises a family member.

(c) In instances where family members are working and supervising within the same department, alternative arrangements must be taken to eliminate the appearance of impropriety and conflict of interest. Alternative arrangements shall include removing the responsibility or influence to hire, and removing the opportunity and obligations of directly supervising family members. This includes relationships that are post-hire. Alternative arrangements shall be fully documented in the "Workplace Alternative Arrangement Agreement" detailed below.

(d) The employing unit must submit a "Workplace Alternative Arrangement Agreement" for review to university human resources, the office of the provost, and the division head. University human resources, the office of the provost, and the division head may alter or modify the "Workplace Alternative Arrangement Agreement" submitted by the employing unit. The "Workplace Alternative Arrangement Agreement" must be maintained in the personnel files of all impacted employees.

(3) Review process

Employees impacted by a "Workplace Alternative Arrangement Agreement" may seek review of the terms and conditions of the agreement from the planning unit head. Said employees shall submit their request in writing to the planning unit head, with a copy to university human resources. The planning unit head shall review all information submitted and render a final and binding decision regarding the "Workplace Alternative Arrangement Agreement." The final decision shall be given to the employee, university human resources, the office of the provost, and the division head. The updated "Workplace Alternative Arrangement Agreement" shall be filed in the personnel files of all impacted employees, with a notation that it supersedes any prior version.

(4) Public records

All versions of the "Workplace Alternative Arrangement Agreement" filed in the personnel files are subject to release under the provisions of policy 40.007.

(F) Appointments

Appointment of family members to a position, and on-going employment decisions, shall be made in accordance with all applicable policies and guidelines, including the following:

(1) Policy 20.110

(2) Policy 40.038

(3) Policy 40.057

(4) Policy 40.106

(5) "Faculty Handbook," Section II-R, "Policy on Consensual and Familial Relationships in the Instructional Setting," and Section II-S, "Consensual and Familial Relationships."

(G) Scope

This policy supersedes any and all policies and guidelines regarding matters of nepotism, except that this policy applies to faculty appointments only to the extent that no contrary provision is included in the "Faculty Handbook."

(H) Violations

Any employee who believes this policy has been violated should contact university human resources at (740) 593-1636, the office of equity and civil rights compliance, the office for equal opportunity and accessibility, or the university ombuds office.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-107.html

Effective: 6/23/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-110 Employment agency fees.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-110.html

(A) Overview

This policy provides guidance pertaining to the use of employment agencies and the hiring of employees through employment agencies.

Planning unit heads are empowered within departmental budget limitations to do either of the following:

(1) Employ the services of placement offices or employment agencies, or

(2) Pay the employment fees of new employees hired through employment agencies.

This policy shall pertain only to clerical employees, technicians, and specialists, and not to faculty members or administrative officers.

(B) Process

Prior to authorizing the above services or payments, the employing department will obtain a written confirmation from university human resources that sufficient candidates to fill the position cannot be obtained through local channels, and that the use of an employment agency is an appropriate source of additional potential employees. Further, the employing department must obtain written approval in advance from the planning unit head, which includes vice presidents and deans.

University human resources secures and manages the contracts associated with employment agencies.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-110.html

Effective: 7/18/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-40-121 Making presidential appointments.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-121.html

(A) Overview

This policy provides a uniform process for the office for equal opportunity and accessibility to review all prospective presidential appointment offerings.

The scope of this policy includes all faculty and administrative staff positions filled by presidential appointment.

Ohio university will make aggressive efforts to recruit under-represented minority group members, women, persons with disabilities, veterans, and Vietnam era veterans for position openings. Further, it is the responsibility of each planning unit head to ensure compliance with university affirmative action requirements as outlined in the "Ohio University Affirmative Action Plan."

(B) Process

(1) Each planning unit head shall, prior to the extension of either an oral or written offer of employment, assure compliance with affirmative action requirements. The method of establishing evidence of compliance shall include both of the following:

(a) Posting of contract position by university human resources.

(b) Completion and approval of the "Affirmative Action Recruitment Report."

(2) Upon completion of the recruitment report, the planning unit head shall forward to the office for equal opportunity and accessibility for the purpose of review, the recruitment report and evidence of compliance with affirmative action guidelines.

(3) The office for equal opportunity and accessibility shall review the completed recruitment report, and any additional information which the department may wish to submit, for the purpose of determining the department's sufficiency of compliance.

(4) Following review, the office for equal opportunity and accessibility shall indicate concurrence or nonconcurrence with the report. When there is concurrence, the department will be authorized to initiate an offer of employment under the provisions described in the recruitment report. Where there is nonconcurrence, the office for equal opportunity and accessibility shall advise the planning unit head as to the reasons and consult with the planning unit head to achieve resolution. The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/40-121.html

Effective: 7/18/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15