Lawriter - OAC - 3339-4-12 Reinstatement from disability retirement/leave.

3339-4-12 Reinstatement from disability retirement/leave.

An employee is deemed to have retired from employment upon receipt of disability benefits and has the following rights to reinstatement:

(A) An employee who receives disability retirement benefits from state teachers retirement service or Ohio public employees retirement system is eligible for reinstatement as provided by law.

(B) An employee who receives temporary total disability benefits from workers' compensation is eligible for reinstatement as provided by law.

(C) A tenured member of the instructional staff or fulltime member of the unclassified administrative staff with at least five years of service at Miami university who receives long-term disability benefits (but not state teachers retirement services or Ohio public employees retirement system, or temporary total disability) is eligible for reinstatement at any time within three hundred and sixty-five days of the last date of service of last date of approved university-provided leave of absence, whichever is later. Upon receipt of a written request for reinstatement, the employee will be reinstated at the previous salary to the previous position or another appropriate position.

Employees reinstated in this manner must be reemployed and work at least one fulltime contract period before again becoming entitled to reinstatement rights under this policy. For faculty members, this means two consecutive semesters of fulltime service, not including summer. For administrative staff, this means one full contract (twelve-, eleven-, ten-, nine-months as appropriate) of fulltime employment.

(D) The university may require evidence of fitness for duty to ensure that the employee can safely return to work.

Replaces: 3339-4-12


Effective: 11/14/2009
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/30/2001, 3/21/2005, 10/15/2005, 11/14/2009