Chapter 3349-7 Human Resource Rules

3349-7-01 Definitions.

(A) Purpose

To promote clarity in the university's human resources rules.

(B) Scope

The definitions set forth in this rule have applicability to all university rules, unless an alternative definition is specified within the rule for specific application to the issue being addressed.

(C) Definitions

(1) "Appointing Authority" refers to the person who has the power to appoint or remove an employee from a given position within the university based on a delegation of authority by the university's board of trustees pursuant to the powers granted to the board of trustees by division (F) of section 124.14 of the Revised Code. For unclassified" hourly employees and for classified civil service employees of the university, the appointing authority is the director of human resources. For administrative staff, the appointing authority is the division director in which a given department or other organizational unit is located. For faculty, the appointing authority is the dean of the respective college.

(2) "Board of Trustees" ("Board") is established by section 3350.10 of the Revised Code and derives its power to govern from section 3350.12 of the Revised Code. The board is the governing body for the university and all its component colleges.

(3) "Break in Service" is a separation from public service of thirty-one days or more. Any university approved leave of absence, or any separation from service which carries the right to reinstatement, or reemployment shall not constitute a break in service; so long as the employee is reinstated or reemployed within the allowable time. The time the employee was on leave of absence or was separated shall not be counted in the calculation of retention points for continuous service.

(4) "College" means an academic unit headed by a chairperson or director.

(5) "Continuous Service" means service with a state of Ohio agency, an Ohio county office, or a state of Ohio supported college or university without a break in service.

(6) "Day(s)" mean calendar days, unless otherwise specified.

(7) "Dean" means the chief academic unit headed by a chairperson or director.

(8) "Department" means an academic unit headed by a chairperson or director.

(9) "Educational Records" means those records, files, documents and other materials which contain information directly related to a student and are maintained by a college, school, department, office or other university organization, subdivision or by a person acting for the university or any of its subdivisions.

(10) "Full-Time Employee" is an employee whose regular hours of duty total eighty hours in a bi-weekly pay period.

(11) "Immediate Supervisor" is the person who directs or oversees the work of another.

(12) "Normal Working Hours" are established from eight a.m. to five p.m. unless otherwise directed by the immediate supervisor.

(13) "Part-Time Employee" is an employee whose regular hours of duty are less than the eighty hours in a bi-weekly pay period.

(14) "Persona Non Grata" means that a nonstudent has exhibited behavior which has been deemed detrimental to the university community and thus is no longer permitted to frequent or be present in any or specified university locations.

(15) "President" means the president of the university.

(16) "Rootstown Campus" includes all of the real property, buildings and equipment owned by or for the benefit of the university that are located in Rootstown Township, Portage county, Ohio.

(17) "Senior Administration" or "Leadership Team" are those individuals so designated by the president.

(18) "Student" means any person admitted or enrolled at the university in any of its courses or programs.

(19) "University" is the state supported higher education entity organized under the authority created by section 3350.10 of the Revised Code.

(D) Rule statement

(1) Words have their ordinary and widely accepted meaning unless the word or phrase has been assigned a specific meaning in federal laws and regulations, the Revised Code, the Administrative Code or university rule.

(2) The university hereby adopts the definitions set forth in federal laws and regulations, the Revised Code and the Administrative Code, as it applies to the university, as may be amended from time to time, unless the university has specifically adopted another definition for the term within this rule or any other rule of the university. This rule and each specific rule of the university should be consulted as necessary to determine if the university has given the word or phrase specific meaning.

(3) The administration of the university is hereby delegated the authority to amend these definitions as necessary to the further purpose, goals and mission of the university.

Replaces: 3349-7-01

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-5 Access to employee personnel records.

(A) Purpose

To provide guidelines for employees to access their personnel records; to provide criteria for the review by other management personnel; and to prescribe the information that may be contained in personnel records.

(B) Scope

This rule applies to the personnel records of all employees, including but not limited to faculty, administrative staff, unclassified hourly employees, classified civil service employees, and student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Personnel Records" identify the employee, contain information used to populate the university's human resource database, and to document the employee's qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.

(3) "Medical Records" refers to any documentation concerning the medical history, diagnosis, prognosis, or medical condition of an employee created and maintained in the process of medical treatment.

(4) "Intellectual Property Records" refers to a majority of research based documentation, other than financial and administrative data, that has not previously been publicly released, published, or patented.

(D) Rule statement

(1) Personnel records are maintained in the department of human resources and are available to the employee, or a person specifically authorized in writing by the employee to review or receive such information; and, to any management official who has a legitimate, verifiable need to know specific information about the employee. Telephone requests for information from outside the university shall be limited to verification of employment dates and job title.

(2) An employee's personnel record shall contain necessary job-related and personal information, including but not limited to, identifying information, such as the employee's name, address, and job title; any employment applications, position descriptions, compensation records, information pertaining to benefit enrollment, disciplinary records, attendance records, confidentiality agreement, performance appraisals, university sponsored employee certificates, acknowledgements of university rules and procedures, and any other job-related information. The following documents shall not be contained in an employee's personnel record: payroll records, medical records, intellectual property records, and attorney-client privileged communications.

(3) Some items in the employee's personnel record are subject to disclosure pursuant to a public records request. However, if the information contained in an employee's personnel file does not serve to document the activities of the university, the item in a personnel file is not public record and does not need to be disclosed. Before personnel records are disclosed pursuant to a public records request, the university's office of the general counsel shall review the public records request and respond accordingly.

(4) Each employee shall have only one personnel record. Personnel records will be retained by the university's department of human resources for six years from the date of separation. Employees may review their own personnel records one time per calendar year in the university's department of human resources at a mutually established time and place.

Replaces: 3349-7-05

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-10 Affirmative action equal employment opportunity and non discrimination harassment.

(A) Purpose

To establish an affirmative action, equal employment opportunity and non-discrimination/harassment rule.

(B) Scope

This rule applies to faculty, administrative staff, unclassified hourly employees, classified civil service employees, student employees, volunteers and applicants.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Affirmative Action" is designed to help eliminate effects of past and present discrimination. It is a process in which employers identify areas for improvement, set goals, and take positive steps to enhance opportunities for protected class members including individuals with disabilities, under-represented minorities and women. Affirmative action focuses on hiring, training, and promoting qualified protected class members where they are underrepresented.

(3) "Applicant" is an individual who has applied for a specific position at the university.

(4) "Discrimination" is disparate treatment and separate impact that occurs when an adverse employment action is taken that is based upon a protected status. Disparate treatment occurs when an employee or applicant suffers less favorable treatment than others because of their protected status. Disparate impact occurs when an employment rule, although neutral on its face, adversely impacts persons in a protected status.

(5) "Equal Employment Opportunity" (EEO) means that all persons regardless of color, national origin, race, religion, sex, or veteran status shall have equal access to positions at the university, limited only by their ability to do the job.

(6) "Harassment" is verbal, non-verbal or physical conduct that demeans or stereotypes individuals in a harmful way. It also includes conduct that is deemed by the university to be harmful, threatening, abusive, vulgar, obscene, or hateful and creates an intimidating, hostile, or offensive work or academic environment that unreasonably interferes with work or academic performance or negatively affects an individual's employment or academic opportunities.

(7) "Protected Class" and "Protected Status" are defined by state and federal law and executive order to include age, ancestry, color, disability, genetic information, military status, national origin, race, religion, sex, sexual orientation or veteran status.

(D) Rule statement

(1) The university is committed to building a diverse faculty and staff to ensure the highest quality workforce, to reflect human diversity, and to improve opportunities for persons with disabilities, underrepresented minorities and women. The university embraces human diversity and is committed to equal employment opportunity, affirmative action, and eliminating discrimination. This commitment is consistent with an intellectual community that celebrates individual differences and diversity.

(2) Discrimination and harassment as defined herein is prohibited.

(3) The duties and responsibilities of the department or division under this rule include:

(a) Ensuring that affirmative action goals are met to the extent possible;

(b) Ensuring that management practices prevent discrimination and support equal employment opportunity.

(c) Providing information and resources to supervisors, managers, and employees in support of affirmative action, EEO, and non-discrimination.

(d) Ensuring that instances of discrimination are promptly referred to the department of human resources. Ensuring that corrective action steps are properly implemented.

(e) Consulting with the department of human resources to meet obligations under this rule.

(4) The duties and responsibilities of the department of human resources include:

(a) Producing and maintaining the university affirmative action plan.

(b) Tracking the outcomes of the plan.

(c) Consulting with the departments regarding results of the affirmative action planning process and their responsibilities under this rule.

(d) Providing affirmative action, EEO, and non-discrimination information and resources.

(e) Investigating complaints of discrimination and harassment and issuing action steps for correction where necessary.

Replaces: 3349-7-10

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-15 Campus closing.

(A) Purpose

To establish a rule regarding campus closing.

(B) Scope

This rule applies to all faculty, administrative staff, unclassified hourly employees and classified civil service employees at the university. This rule does not apply to student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Normal Working Hours" for unclassified hourly employees and classified civil service employees are from eight a.m. to five p.m. unless otherwise directed by the immediate supervisor. Normal working hours for faculty and administrative staff are established by the immediate supervisor.

(3) "Regular Rate of Pay" refers to the employee's base rate of pay.

(D) Rule statement

(1) Campus closing

(a) Campus closings will be announced on the university's official notification sites. A list of official notification sites can be obtained from the department of human resources.

(b) Employees who are required to work on a day when the university is officially closed due to weather or other unforeseen circumstances will be compensated for the number of hours for which other hourly personnel are compensated; plus they will be compensated at one and one half times their regular rate of pay at the time earned, for the number of hours actually worked.

(c) Compensatory time may be elected in lieu of overtime compensation.

(2) Call back pay

(a) Employees who are required to return to the worksite after the employee's normal working hours are over will be eligible for call back pay. Continuous work hours are not covered by this call back pay provision.

(b) An employee entitled to call back pay will receive a minimum payment of four hours at the employee's regular rate of pay. If an employee works more than two and three quarters hours in a call-back situation, payment will be made at the overtime rate of one and one half times the employee's regular rate of pay at the time earned.

(c) The employee may elect compensatory time in lieu of paid overtime.

(d) Employees who are required to report to the worksite to perform these time sensitive or essential functions will be entitled to pay for such hours worked on site at one and one-half times the employee's regular rate of pay. The remaining hours of the paid personal day will be compensated at the regular rate of pay.

(e) The employee may elect compensatory time in lieu of paid overtime.

(3) If an employee is scheduled for sick leave, vacation leave, personal leave or compensatory time on a day when the campus is closed, the time card or leave form concerning the period of scheduled absence must reflect the scheduled absence and not the campus closure.

(4) Part-time classified employees may claim as authorized time off with pay only their regularly scheduled work hours that are affected by the closing, regardless of the length of the closing (e.g., a part-time employee who is regularly scheduled for a five hour work day will be paid only for a five hour day even though the Rootstown campus was actually closed for a full eight hour day).

(5) Any on-call employees (including classified civil service or administrative staff) who are scheduled to work on a day when the campus is closed will not be paid if they do not work. If an on-call employee is asked to work on a day that campus is closed, the employee will be paid straight-time for the time worked.

Effective: 8/26/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-20 Compensation program.

(A) Purpose

To establish a compensation program rule.

(B) Scope

This rule applies to administrative staff, unclassified hourly employees, classified civil service employees, and student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Classification System" is a method of systematically organizing job families.

(3) "Compensation Program" is a method of systematically organizing the salary ranges.

(4) "Job Families" are groups of positions with similar duties with varying levels of responsibility, authority, qualifications and salary ranges.

(5) "Salary Plan" (the "Plan") is a method of systematically determining employee compensation.

(6) A "Salary Range" is a continuum of salaries from minimum to maximum. Assignment within a salary range is the responsibility of the director of human resources.

(D) Rule statement

(1) Compensation program

The factors used to determine the assignment of a position to a given salary range and placement within that salary range include, but are not limited to:

(a) Knowledge and experience;

(b) Complexity and creativity;

(c) Impact on the university's mission;

(d) Budget management and responsibility;

(e) Supervisory responsibility;

(f) Amount of independent judgment exercised; and

(g) Physical demands and working conditions.

(2) Annual review of salary ranges

(a) The director of human resources will annually review the salary ranges and determine if revisions are necessary. If revisions are necessary the director of human resources will consult with the vice president for administration and finance to make appropriate revisions. The director of human resources will notify the university of these revisions.

(b) Revisions to the salary ranges will be reported to the board of trustees as information at the annual budget meeting.

(c) The placement of jobs into applicable salary range will be evaluated annually by human resources.

(3) Salary plan administrator

The salary plan administrator is the director of human resources, who will:

(a) Evaluate positions for accurate placement within job families and salary ranges;

(b) Maintain a master set of position descriptions;

(c) Maintain the classification system and compensation program; and

(d) Periodically review and update the classification system and compensation program and recommend revisions to the university.

(4) New positions and new hire salary offers

(a) Only the appointing authority may issue a binding written offer of employment which includes a salary amount and a start date. Salary offers are generally between the minimum and midpoint of the salary range. Salary offers beyond the minimum of the salary range must be approved by the director of human resources after consultation with the immediate supervisor.

(b) Requests to evaluate newly created positions will be processed as needed by human resources.

(5) Promotional increases

(a) An employee who is promoted must be brought up to the minimum of the new salary range. If the employee's pre-promotion salary is already beyond the minimum of the salary range, the employee may receive up to a maximum of ten per cent salary increase if approved by the director of human resources after consultation with the immediate supervisor.

(b) Employees will be notified of the effective date of transfer, new title and rate of compensation by their appointing authority.

(6) Lateral transfer increase

(a) If an employee makes a lateral transfer from one position to another within a given salary range, an increase of up to five per cent may be approved by the immediate supervisor after consultation with the director of human resources. Before approving the increase, the director of human resources must consider compression effects on the salary range.

(b) Employees will be notified of the effective date of transfer, new title and rate of compensation by their appointing authority.

(7) Annual salary increase

(a) The president will, if appropriate and as part of the annual budget for the University, recommend to the board of trustees a compensation adjustment to base salary and/or a one-time payout for all eligible employees as applicable and as defined in the current compensation plan, based on the employee's classification.

(b) Employees whose positions are grant or external contract funded, may not be eligible for such increases based upon available funding.

(c) Employees will be notified of the amount of salary increase and the effective date of the increase by the director of human resources.

(8) Reduction in salary on demotion

Employees who are demoted may have their salaries reduced. The amount of reduction will be determined by the immediate supervisor in consultation with the director of human resources. The employee will be notified of the amount of salary reduction and the effective date of the reduction by the director of human resources.

(9) Pay in excess of the salary range maximum

If an employee's rate of compensation is at or above the maximum of the salary range and if the employee is eligible for an annual compensation adjustment, a dollar amount equivalent to the annual adjustment will be granted as a onetime pay out instead of increasing the employee's salary. The salary ranges will subsequently be reviewed by the director of human resources to determine if adjustments to the salary ranges are necessary.

(10) Position reclassification

(a) When the existing duties and responsibilities of a position are significantly expanded or reduced, the director of human resources, in consultation with the immediate supervisor, will review an amended position description and determine if an employee's rate of compensation or salary range should be adjusted. The director of human resources will notify the employee of any change in rate of compensation or salary range.

(b) Requests for the evaluation of an existing job due to significant changes to responsibilities and/or requirements will be processed on a quarterly basis by human resources.

(11) Salary concerns

Employees with questions or concerns regarding their rate of compensation should discuss the matter with their immediate supervisor and department head prior to contacting the director of human resources.

Replaces: 3349-7-20

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-25 Disability and accommodation.

(A) Purpose

The purpose of this rule is to assure that a qualified applicant for employment or an employee with a disability receives reasonable accommodation in the work place as required by federal and Ohio law.

(B) Scope

This rule applies to all applicants for employment and to all employees of the university including but not limited to faculty, administrative staff, unclassified hourly employees, classified civil service employees, and student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Disability" refers to:

(a) A physical or mental impairment that substantially limits one or more of the major life activities of an individual;

(b) A record of physical or mental impairment; or

(c) Being regarded as having a physical or mental impairment.

(d) "Disability" does not include a substance abuse disorder resulting from current alcohol abuse or current illegal use of any drug.

(3) "Direct Threat" refers to a significant risk to health or safety of others that cannot be eliminated by reasonable accommodation.

(4) "Reasonable Accommodation" includes, but is not limited to:

(a) Making existing facilities used by employees readily accessible to and usable by employees with disabilities; and

(b) Job restructuring, modified work schedules, acquisition or modification of equipment or devices, the provision of qualified readers or interpreters and other similar accommodations.

(5) "Qualified Individual with a Disability" refers to an individual with a disability who, with or without reasonable accommodation meets the essential eligibility requirements for the receipt of services or participation in programs or activities provided by the university.

(D) Rule statement

(1) The university's rule is to comply with the provisions of federal and state of Ohio law with regard to persons with disabilities within the workplace.

(2) Disclosure of disability and documentation.

(a) Disclosure is a matter of choice. An employee with a disability may choose not to request reasonable accommodations unless the disability presents a direct threat to the health or safety of others.

(b) However, employees who choose to request an accommodation must disclose the underlying disability and provide documentation as required under this rule.

(c) Request for reasonable accommodation forms may be obtained from, and upon completion should be returned to, the department of human resources.

(d) Review

(i) The director of human resources will review the request for reasonable accommodation forms. An employee may be required by the director of human resources to provide further information or documentation.

(ii) The director of human resources may grant the request or refer the request to the disabilities and accommodations committee as set forth in paragraph (D) (3) of this rule.

(e) Professional verification of disability

(i) Employees with a disability who request reasonable accommodations may be required to provide current written verification of the disability certified by a licensed physician, psychologist, audiologist, speech pathologist, rehabilitation counselor, physical therapist, occupation therapist or other health care provider who is qualified to diagnose or treat the disability in the state of Ohio. Further documentation may be required. Documentation should reflect the employee's present level of functioning in the major life activity affected by the disability and the effect the disability has on the employee's role at the university.

(ii) Responsibility for the cost of the initial professional verification of a disability and any supplemental assessments will be borne by the employee requesting accommodation. Responsibility for the cost of obtaining additional professional opinions requested by the university will be borne by the university.

(f) Records and retention

All information regarding the disability and any reasonable accommodations will be maintained in the office responsible for occupational health. The department of human resources in accordance with the records retention schedule will maintain the files of applicants who are not hired who have made an accommodation request.

(3) The disabilities and accommodations committee ("Committee"):

(a) Jurisdiction

The committee reviews those matters appealed by an employee or those cases referred to it by the director of human resources. The committee will review each matter on a case-by-case basis.

(b) The voting membership of the committee shall include the:

(i) Director of human resources, who shall serve as the chair;

(ii) Dean for faculty affairs;

(iii) Affirmative action officer, if the affirmative action officer is not the director of human resources; and

(iv) One representative appointed by the office of the president.

(c) The chair may invite others to attend the meeting as necessary to assist the committee.

(d) Meeting minutes shall include: the dates of meetings, names of persons in attendance, issues on the agenda and the final decisions made. Minutes will be stored in the department of human resources in accordance with the university's records retention schedule.

(4) Notification

The director of human resources or designee will notify the applicant or employee in writing of the decision concerning the requested accommodation, a copy will be sent to the employee's department head.

(5) Confidentiality

All information must be treated as confidential within the limits of federal and Ohio law.

Replaces: 3349-7-25

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-30 Domestic partner benefits.

(A) Purpose

To establish a rule to extend certain benefits to the domestic partners of eligible employees and the dependent children of eligible domestic partners.

(B) Scope

This rule applies to all full-time faculty, administrative staff, unclassified hourly employees and classified civil service employees. This does not apply to student employees or graduate student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Dependent Children" under federal law refers to the biological child, stepchild, or adopted child of an employee who is under the age of twenty six and does not have their own insurance coverage through an employer. Pursuant to state law, a dependent child can also include the biological child, stepchild, or adopted child of an employee who is under the age of twenty eight and is: unmarried; a resident of Ohio or a full-time student at an accredited public or private institution of higher education; not employed by an employer that offers any health benefit plan for which the child is eligible; and not eligible for insurance coverage under medicaid or medicare. The university has expanded the foregoing legal definitions of "Dependent Children" to also include the biological child, stepchild, or adopted child of an employee's domestic partner, as long as that child meets the age-related criteria set forth above.

(2) "Domestic Partner" is a person who meets all of the following criteria:

(a) At least eighteen years of age, competent to enter into a contract;

(b) Is the sole domestic partner of an eligible employee and intends to remain so indefinitely, and is emotionally and financially responsible for each other's common welfare;

(c) Not legally married to another individual;

(d) Not related to each other by blood in a manner that would bar marriage in the state of Ohio;

(e) Has been in the relationship with the eligible employee for at least six consecutive months or more, and has shared a residence for six consecutive months or more;

(f) Has allowed at least twelve months to pass since the termination of any previous domestic partnership; and,

(g) Has filed a domestic partner affidavit in accordance with university rule.

(D) Body of the rule

(1) The university hereby extends as outlined herein, the following benefits to eligible employee domestic partners and the dependent children of eligible domestic partners.

(a) Group insurance benefits (including vision benefits as January 1, 2011),

(b) Educational benefits, and

(c) Access to programs, (including employee assistance programs) services and facilities of the university,

(2) The university hereby also amends the bereavement leave, sick leave, and family medical leave act rules of the university to allow eligible employees to use such leave in support of the domestic partners they have identified in an affidavit of domestic partnership and their eligible family members.

(3) The university will apply the dependent qualification test under the internal revenue code and regulations to the benefits provided to eligible domestic partners and their eligible dependent children. The fair market value of any benefits extended to eligible domestic partners or their dependent children will be included as taxable income to the employee and will be reported on the employee's W-2 form.

Replaces: 3349-7-30

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-35 Mood-altering or consciousness altering substances (drug free workplace).

(A) Purpose

To provide a rule that will promote the health and safety of students, employees, and visitors, the university supports and will maintain a drug-free working and living environment.

(B) Scope

This rule applies to all faculty, staff, students, volunteers and any individuals who conduct business for the university. This rule supersedes any provisions of the faculty bylaws which may be in conflict with it.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Controlled Substance" - has the meaning given such term in Schedules I through V of Section 202 of the Controlled Substances Act, 21 U.S.C. 812 (1970).

(3) "Criminal Drug Conviction" - means a finding of guilt, including a plea of nolo contendere, or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal state criminal drug statutes.

(4) "Reasonable Belief" - exists when the actor believes that a given fact or combination of facts exists, and that the circumstances which he knows, or should know, are such as to cause a reasonable man to so believe.

(5) "Consciousness or Mood Altering Substance" - means any controlled substance as defined above, plus beverage alcohol.

(6) "Controlled Substances or Drugs" - include, but are not limited to:

(a) Narcotics, such as opium, heroin, morphine and synthetic substitutes;

(b) Depressants, such as chloral hydrate, barbiturates, and methaqualone;

(c) Stimulants, such as cocaine (and any derivatives) and amphetamines;

(d) Hallucinogens, such as lysergic acid diethylamide (LSD), Mescaline, phencyclidine (PCP), Peyote, Psilocybin, Ecstasy, and methylenedioxy methamphetamine (MDMA);

(e) Cannabis, such as marijuana and hashish; and

(f) Any chemical compound added to federal or state regulations and denoted as a controlled substance.

(7) "University Premises" - means any building or land owned, leased, or used by the university.

(8) "University Vehicle" - refers to any vehicle owned, leased or operated by the university.

(9) "Criminal Drug Statute Conviction" - occurs when an employee is convicted of or pleads guilty to a violation of a drug statute as defined by Revised Code.

(10) "Testing for Reasonable Suspicion" - means testing for a specific cause that is conducted immediately after there is significant evidence of using or being under the influence of drugs or alcohol while at work, i.e., aroma of alcohol on breath or directly observed using drugs or drinking alcohol.

(D) Rule statement

(1) The unlawful manufacture, distribution, dispensation, possession, or use of controlled substances or the unauthorized use of alcohol by university employees, students or volunteers on university premises or university vehicles on or off-campus is prohibited.

(2) Employees may not be at work and students may not participate in coursework or clinical work while under the influence of alcohol or while unlawfully using controlled substances.

(3) This rule provides minimum standards; university departments or contracts may impose stricter standards.

(4) The consumption of alcohol at events where the university has authorized such use is permitted. At such events the use must be sanctioned by the university as well as permitted by the appropriate state agency. Only individuals of legal drinking age may consume alcohol at these events.

(5) General prohibitions and sanctions

(a) The university prohibits its employees and students from the unlawful use, possession, dispensation, distribution, or manufacture of any controlled substance while in the workplace or anywhere on the Rootstown campus.

(b) The consumption of alcoholic beverages by employees or students on the campus at events other than those sanctioned or sponsored by the university is prohibited.

(c) An employee who violates any provision of this rule will be subject to sanctions up to and including termination of employment, a student who violates any provision of this rule will be subject to sanctions up to and including dismissal.

(d) The severity of the sanctions will depend upon the circumstances of the situation.

(6) Employee and student responsibility to report convictions for drug related offenses

(a) Any university employee who is convicted of workplace related substance abuse violation must report the conviction to his/her immediate administrative supervisor within five days. Students must report such corrections to the dean for student affairs or equivocal.

(b) The employee may be subject to sanctions, up to and including termination of employment. Students may be subject to sanctions up to and including dismissal.

(c) The employee may be required to enter a government approved drug rehabilitation program.

(d) Any employee who fails to report a workplace or a student who fails to report any conviction for substance abuse related substance abuse conviction within five days may be subject to sanctions, up to and including termination of employment or dismissal from the program.

(7) Chemical dependency

(a) In cases where the university has a reasonable belief that a faculty or staff member has developed an alcohol or other substance abuse problem; the employee will be assessed, counseled and referred, if appropriate, to a rehabilitation program.

(b) However, if after appropriate referral the employee is unable to perform assigned job duties, appropriate sanctions will be applied, up to and including termination of employment.

(8) Drug testing

All federal, state or local regulations regarding drug testing and monitoring will be followed. There are four situations when the university can conduct tests. All information pertaining to an individual's drug tests or results will be kept confidential, except on a need-to-know basis. All testing conducted under this rule will be done in accordance with standards established by the university department of human resources in conjunction with the offices of employee health services or the office of student affairs and environmental health and safety.

(a) Pre-employment testing. Applicants to specific safety-related and other designated positions at the university will be drug tested after receiving a final offer of employment and prior to beginning work. Applicants will be notified at the time of application that testing for drugs is a requirement of the employment process. Offers of employment are contingent upon successfully passing a drug test.

(b) Testing for reasonable suspicion for employees. Drug or alcohol testing may be conducted if there is reasonable suspicion of working under the influence of alcohol or drugs.

(i) Testing for reasonable suspicion may be requested by an immediate supervisor, department chair, or other university administrator in consultation with the director of human resources.

(ii) Individuals testing positive will be referred to the university employee assistance program or a substance abuse professional if an external expert is used for evaluation. The evaluation will determine and recommend if substance abuse treatment or education is appropriate and/or necessary.

(iii) The director of human resources and the safety officer will review the recommendation and may determine that rehabilitation is a requirement for any current employee who has an alcohol or drug problem that affects job performance.

(iv) Refusing a drug test will be handled by the director of human resources.

(c) Testing for reasonable suspicion for students. Drug or alcohol testing for students may be ordered by the dean for student affairs if there is a reasonable suspicion of being in class or clinical setting while under the influence of alcohol or drugs. All students with positive results will be referred to the dean for student affairs for further action in accordance with university rule.

(d) Arranging a drug test

When an immediate supervisor believes that drug testing is appropriate, they must contact the department of human resources. The director of human resources who will arrange for the drug or alcohol testing. Drug testing should occur at an approved test site or a local emergency room.

(9) Notification of university security

Any individual observed unlawfully manufacturing, distributing, dispensing, using, or possessing alcohol or illegal drugs on university premises is to be reported immediately to the university office of safety & security.

(10) Office of human resources responsibilities

(a) The university will inform all employees of the drug-free workplace rule upon employment through the employment website and annually through usual employee communication mechanisms.

(b) Provide access to training for supervisors and managers.

(c) Refer and provide appropriate support for employees after drug testing and/or substance abuse treatment or education, facilitate arrangements for testing when there is reasonable suspicion, and consult with departments on individual work agreements for approved returning employees.

(11) Supervisors responsibilities

(a) Supervisors will reasonable suspicion that a substance abuse problem may be resulting in unsatisfactory work performance should review those problems with their department chair and the director of human resources. This referral should be kept confidential. Workplace performance issues should be documented.

(b) Supervisors will take corrective action as appropriate after consultation with the office of human resources.

(c) When there is a suspension of responsibilities directly related to drug or alcohol use, upon authorization to return to work, an individual work agreement should be written in consultation with the director of human resources, the supervisor and the director of occupational safety or equivalent.

(d) Provide appropriate supervision for employees in accordance with return-to-work agreements.

(e) Within thirty days of notification of a criminal drug statute conviction, the employing unit, in consultation with the director of human resources, will take appropriate Pub. Law 110 315 personnel actions against the employee. These actions may include discharge, required participation in an evaluation by the employee assistance program or an external substance abuse professional, and/or follow through with substance abuse education/rehabilitation program if recommended by the evaluating employee assistance program.

Effective: 2/2/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-7-45 Educational benefits.

(A) Purpose

To establish a rule for educational benefits provided by the university.

(B) Scope

This rule applies to full-time faculty, administrative staff, unclassified hourly employees and classified civil service employees who have been continuously employed the university for a period of six months. This rule does not apply to student employees or employees leased to affiliated entities of the university.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Partner Universities" refers collectively to Cleveland state university, Kent state university, the university of Akron and Youngstown state university and their branch campuses.

(3) "Dependent Child" refers to the biological child or adopted child of an employee. The child must have completed high school, and, at the time that the semester begins, must be under the age of twenty-four. If a legal ward or a step child of the employee, the child must have been claimed as a dependent on the employee's latest tax return.

(4) "Instructional Fees" refers to tuition.

(5) "Normal Working Hours" for unclassified hourly employees and classified civil service employees are from eight a.m. to five p.m. unless otherwise directed by the immediate supervisor. Normal working hours for faculty and administrative staff will be established by the immediate supervisor in consultation with the department head.

(6) "Spouse" refers to individuals who are recognized as lawfully married under the law of any state or a domestic partner (who has filed an affidavit of domestic partnership with the office of human resources in accordance with rule 3349-7-30 of the Administrative Code) of a full-time employee.

(7) "Terminal Degree" is the highest academic degree typically granted in a given field of specialization.

(D) Rule statement

(1) General information

(a) Educational benefits are available to full-time employees who normally work a minimum of forty hours per week on a regularly-scheduled basis and who have an expectation of a minimum of nine months of continuous employment each year. Employees are eligible for payment of instructional fees for themselves, their dependents or spouse in the first enrollment period after having been continuously employed by the university for a period of six months.

(b) The university will pay for instructional fees at one of the partner universities for employees, their dependents or spouses who are pursuing a degree in an identified field of study.

(c) Educational benefits cannot be transferred to any non-partner university nor received in any manner other than what is set forth in this rule.

(d) All other fees, including but not limited to, general, overload, admission, matriculation, parking, bus, dissertation, graduation and special course fees are the responsibility of the employee. Books, room and board and all other educational expenses are the responsibility of the employee.

(e) Non-resident/out-of-state surcharges are the responsibility of the employee unless negotiated upon appointment. It is the responsibility of the employee to contact the partner university the student is attending to establish permanent residency.

(f) Educational benefits will not be decreased when other sources of financial aid are eligible to be used for expenses other than instructional fees (i.e. general fees, other fees, room and board). If other forms of financial assistance such as scholarships, apply to instructional fees, education benefits from university will be decreased accordingly.

(g) The university will reimburse employees for fees paid to receive course credit by examination through the college level examination program (CLEP), or other authorized examinations for course work for which the university otherwise would have been charged.

(h) Educational benefits will not be paid for continuing education or other non-credit or non-degree courses under this rule. Job-related, non-credit courses may be paid for separately by the employee's department.

(i) Accelerated programs will be reimbursed at the normal program rate; i.e. executive masters in business administration "MBA" will be reimbursed at the standard "MBA" rate for the university.

(j) No educational benefits will be paid for courses taken by anyone holding a terminal degree.

(k) Employees who have been laid off, resign, or are otherwise terminated from employment at the university are not eligible for educational benefits and may be required to repay the educational benefit at the point of separation based on the mutual decision of the human resources manager and the employee's department head.

(l) Instructional fees are paid for any fall, spring, or summer enrollment sessions.

(m) In some instances, the receipt

(2) Educational benefits for employees

(a) Educational benefits are limited to payment of instructional fees for up to six credit hours per semester for either undergraduate or graduate courses.

(b) Undergraduate educational benefits

Educational benefits are limited to the hours required by the attending university for one baccalaureate degree or a maximum of one hundred fifty hours, whichever is less.

(c) Graduate benefits

(i) Educational benefits are limited to fifty per cent of the instructional fees for one graduate degree program that is not job related.

(ii) Educational benefits for job related graduate course work which is approved by the immediate supervisor, department head, and the director of human resources will be paid at one hundred per cent of the instructional fee.

(d) Class attendance during normal working hours

In exceptional circumstances, an employee may be permitted to take one course per semester during normal working hours, provided that satisfactory arrangements to cover the time lost from the normal forty hour week (for both class time and travel) have been authorized by the immediate supervisor, department head, and the director of human resources.

(3) Benefits for dependent children and spouses

(a) Undergraduate educational benefits

(i) Educational benefits for each dependent child or spouse are limited to payment of instructional fees for part-time or full-time study up to a maximum of the amount charged for a normal full-time course load, as established by the respective partner university.

(ii) This educational benefit is limited to the number of hours required by the respective partner university for one baccalaureate degree or a maximum of one hundred fifty hours, whichever is less.

(b) Graduate educational benefits

Educational benefits are limited to fifty per cent of the instructional fees for one graduate degree per dependent child. Educational benefits are limited to twenty five per cent of the instructional fees for one graduate degree for spouses.

(4) Benefits for dependent children of deceased employees

(a) Eligibility

Dependent children of employees who died while actively employed at the university and who had at least ten years continuous service prior to their death, are eligible to receive educational benefits as set forth herein.

(b) Undergraduate educational benefits

(i) Educational benefits for each dependent child are limited to payment of instructional fees for part-time or full-time study up to a maximum cost of the amount charged for a normal fulltime course load, as established by the respective partner university.

(ii) This educational benefit is limited to the number of hours required by the respective partner university for one baccalaureate degree or a maximum of one hundred fifty hours, whichever is less.

(c) Graduate educational benefits

Educational benefits are limited to fifty per cent of the instructional fees for one graduate degree per dependent child.

(5) Dependent children of retirees

(a) Educational benefits are extended only to dependent children of employees who retire from the university with at least ten years of continuous service to the university. There are no educational benefits for retirees or their spouses.

(b) Undergraduate educational benefits

(i) Educational benefits for each dependent child are limited to payment of instructional fees for part-time or full-time study up to a maximum of the amount charged for a normal full-time course load, as established by the respective partner university.

(ii) This educational benefit is limited to the number of hours required by the respective partner university for one baccalaureate degree or a maximum of one hundred fifty hours, whichever is less.

(c) Graduate educational benefits

Benefits are limited to fifty per cent of the instructional fees for one graduate degree per dependent child.

(6) Program administration

(a) Eligibility. The director of human resources will administer this program and be responsible for determining eligibility, in accordance with the rule. The department of human resources may monitor eligibility and may request proof of eligibility at any time. Decisions made by the director of human resources regarding eligibility may be appealed to the employee's supervisor. If the employee's supervisor determines that the eligibility decision presents an issue of inequity or fundamental unfairness, the supervisor will forward the appeal to the chief of staff and chief operating officer for a final determination on eligibility.

(c) Grade reports, reimbursement and payroll deductions.

(i) At the end of each term, the employee must provide the department of human resources with the appropriate grade reports for the semester within fourteen calendar days of grade release.

(ii) If grade reports are not received within the specified time frame, the employee will be required to pay all instructional fees for the subsequent semester at the time of registration and will not receive reimbursement of these instructional fees until grade reports are received at the conclusion of that semester.

(iii) Employees are required to reimburse the university for any instructional fees for any course in which a grade of "D" or a grade of "F" (or equivalent) has been recorded or if no grade report was submitted to the department of human resources.

The first semester of the first year of undergraduate education is subject to "freshman forgiveness", that is, grades of "D" earned during the first semester of the first year of undergraduate education are exempt from the requirement set forth in paragraph (D)(6)(c)(iii) of this rule. Freshman forgiveness does not extend to the grade of

(iv) Employees are required to reimburse the university for any grade of "incomplete" that is not cleared from the transcript within the year. No further educational benefits will be approved until the employee has reimbursed the university for the instruction fees for the credit hours of the course in which the "incomplete" grade was received. A grade of "in-progress" for research hours is not considered an "incomplete."

(v) The university will not pay for any course that is being repeated.

(d) It is the responsibility of the employee to inform the department of human resources of any dropped courses. If an employee, spouse or dependent child drops a course after the full refund date, the employee is responsible to reimburse the university for the amount not refunded to the university by the partner university.

(e) Failure to pay any amount owed in full to the university within thirty days of an employee's receipt of an invoice from the university will result in automatic payroll deduction as follows:

(i) If an employee's annual gross salary is less than forty thousand dollars, the university shall automatically deduct one twelfth of the outstanding balance or one hundred dollars per month, whichever is less;

(ii) If an employee's annual gross salary is equal to or greater than forty thousand dollars, the university shall automatically deduct one twelfth of the outstanding balance or one hundred fifty dollars per month, whichever is more.

(f) If an employee owes the university any outstanding balance of two hundred fifty dollars or more at the time an application for instructional fees is submitted, the university will not prepay instructional fees for that semester at the time of registration. An employee will receive reimbursement of such instructional fees minus any outstanding balance upon submitting passing grades and a paid invoice to the university at the conclusion of that semester. Once the employee's outstanding balance above two hundred fifty dollars has been paid, the university will resume prepaying instructional fees as provided herein.

(g) Upon separation from the university, the university shall automatically deduct any balance owed to the university from an employee's last paycheck, before issuing such paycheck.

(i) The employee has thirty days from the date of separation to pay in full any balance remaining to avoid automatic deduction from their last paycheck.

(ii) Any remaining balance owed to the university may be submitted for collection to a collection agency.

Effective: 7/3/2017
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-7-55 Employment eligibility verification.

(A) Purpose

To comply with the Immigration Reform and Control Act of 1986, 100 Stat. 3359, 8 U.S.C. 1101 ("IRCA") which requires employers to review and certify a new employee's identity and employability through the use of a federal employment eligibility verification (I-9) form.

(B) Scope

(1) This rule applies to all university employees, including but not limited to, faculty, administrative staff, unclassified hourly employees, classified civil service employees, and student employees.

(2) This rule does not apply to university employees hired prior to November 7, 1986, who have been continuously on the university's payroll since that date.

(C) Definitions

Consult rule 3349-7-01 of the Administrative Code.

(D) Rule

(1) In accordance with the IRCA, the university shall verify employment eligibility of all new employees, in person, within three working days of the beginning of employment.

(2) Employment eligibility must be documented using the I-9 form. The I-9 form lists documents needed to prove employment eligibility. These documents must be inspected for propriety and authenticity, and an authorized university representative must sign the I-9 form.

Replaces: 3349-7-55

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-56 Consultation and service activities for full-time faculty and administrative staff.

(A) Purpose

To establish a rule to govern the uncompensated and compensated consultation and service activities both during and outside of normal working hours.

(B) Scope

(1) This rule applies only to full-time faculty and administrative staff of the university. This rule does not apply to unclassified hourly employees, classified civil service employees or student employees.

(2) Compensated and uncompensated consultative and service activities undertaken outside normal working hours are not governed by this rule unless they interfere with the primary obligations of the faculty or administrative staff to the university.

(C) Definitions

(1) "Administrative Staff" refers to full-time, exempt employees of the university.

(2) "Compensation" refers to direct or indirect receipt of money or its equivalent for services rendered.

(3) "Consultative Activities" the professional practice of providing expert advice in a particular field.

(4) "Direct Administrative Supervisor" refers to the person to whom the faculty or administrative staff member reports to within the organization. In the case of faculty, the direct administrative supervisor is usually the department chair.

(5) "Double Dipping" is the unethical practice of working for wages while simultaneously receiving additional compensation from the same source that is the state of Ohio.

(6) "Faculty" refers to full time persons appointed to that status by the university board of trustees and who are paid directly by the university.

(7) "Normal Working Hours" refers to those established by the department, college or university.

(8) "Service Activities" refers to professional or expert assistance in a particular field.

(D) Body of the rule

(1) Faculty and administrative staff, with the approval of the direct administrative supervisor, may engage in consultative and service activities during normal working hours, for up to twenty per cent of a regular work week. Approval is within the discretion of the direct administrative supervisor.

(2) Uncompensated consultative and service activities during normal working hours.

Faculty and administrative staff who engage in uncompensated consultative and service activities during normal working hours must have the prior approval of their direct administrative supervisor.

(a) Any such activity which will require the absence of a faculty or administrative staff member from the primary work site during normal working hours for a period in excess of three consecutive working days requires the prior written approval of the direct administrative supervisor.

(b) Written activity reports documenting the amount of time devoted to such activities may be required by the direct administrative supervisor.

(3) Compensated consultative and services activities during normal working hours.

(a) The faculty or administrative staff member must submit a statement of the activity to be undertaken, how much time will be devoted to the activity, how the faculty or administrative staff member's job responsibilities will be covered during any period of absence from the university.

(b) Compensated consultative and service activities performed for another state of Ohio funded entity must be conducted outside normal working hours, on vacation time or during periods of leaves of absence without pay to avoid double dipping. Such activity requires the prior approval of the direct administrative supervisor.

Written activity reports documenting the amount of time devoted and the dates of leave taken must be submitted annually to the direct administrative supervisor as appropriate.

(c) Activity performed for a non-state of Ohio funded entity which will require the absence of a faculty or administrative staff member from the primary work site during normal working hours for a period in excess of three consecutive working days requires the prior written approval of the direct administrative supervisor.

Written activity reports must be submitted annually to the direct administrative supervisor documenting the amount of time devoted to the activity and the dates that the person was absent from the campus.

Effective: 8/22/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 2/2/2015

3349-7-60 Family and medical leave.

(A) Purpose

(1) The university promotes a work environment that supports its employees in balancing the demands of the workplace with the needs of families. In accordance with the Family and Medical Leave Act of 1993, 29 U.S.C. Section 2601; 29 CFR 825 (FMLA), eligible employees are permitted up to either twelve or twenty-six work weeks of unpaid leave during a defined twelve month period for qualified leave entitlements.

(B) Scope

This rule applies to all eligible university employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Child" refers to a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person who is standing in loco parentis, who is:

(a) Under eighteen years of age; or

(b) Eighteen years of age or older and incapable of self-care because of a mental or physical disability.

(3) "Eligible Employees" refers to any employee who has been employed by the university for at least twelve months, and who has worked at least one thousand two hundred fifty hours over the previous twelve-month period.

(4) "Health Care Providers" refers to doctors of medicine and osteopathy, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse practitioners, nurse midwives, clinical social workers, licensed professional clinical counselor and physician assistants in so far as they perform within the scope of their practice under state law; and Christian science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.

(5) "Intermittent Leave" is leave taken in a block of time or by reducing the normal weekly or daily work schedule.

(6) "Next of Kin" is the nearest blood relative of the covered service member.

(7) "Parent" refers to a parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child.

(8) "Serious Health Condition" refers to an illness, injury, impairment, or physical or mental condition that involves:

(a) Any period of incapacity or treatment connected with inpatient care (or overnight stay) in a hospital, hospice, or residential medical care facility; or

(b) Continuing treatment by a health care provider.

(9) "Spouse" refers to individuals who are recognized as lawfully married under the law of any state.

(D) Rule statement

(1) Leave entitlements

(a) An employee is entitled to a maximum of twelve unpaid work weeks of leave in any twelve-month covered period for one or more of the following reasons:

(i) To care for a child during the first year following birth, adoption, or foster care placement;

(ii) To care for a spouse, child or the employee's parent who has a serious health condition;

(iii) Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee; or

(iv) An employee's spouse, child, or parent is on active military duty or has been notified of an impending call to active duty status, in support of a contingency operation.

(b) An employee is entitled to a maximum of twenty-six unpaid work weeks of leave in any twelve-month covered period for the following reason:

To care for a spouse, child, parent, or next of kin service member who is recovering from a serious illness or injury sustained in the line of duty while on active duty.

(c) Employees who are spouses are jointly entitled to a combined total of twelve weeks of "FMLA" leave for the birth, or placement of a child for adoption or foster care, or to care for a child or parent who has a serious health condition.

(2) Covered period

Employees may take up to twelve or twenty-six weeks of unpaid, job-protected leave in a twelve-month period for the reasons specified above depending on leave entitlement. The twelve-month period is for a "rolling" twelve-month period measured forward from the date the employee returns to work from "FMLA" leave.

(3) Reduced or intermittent leave

(a) Under some circumstances, an employee may take "FMLA" leave intermittently. Employees who require intermittent leave or reduced schedule leave for a foreseeable medical treatment (for the employee, spouse, child or parent) must work with their immediate supervisor, the director of human resources, and their health care provider to schedule the leave so that it is not unduly disruptive to the operation of the university.

(b) "FMLA" leave may be taken intermittently whenever it is medically necessary to care for a seriously ill spouse, child, parent, or because the employee is seriously ill and unable to work. Employees must follow the notification and certification provisions set forth below.

(c) "FMLA" leave to care for a child during the first year following birth, adoption, or foster care placement shall not be taken by an employee intermittently or on a reduced leave schedule without the approval of the immediate supervisor and the director of human resources.

(d) The taking of "FMLA" leave intermittently or on a reduced leave schedule shall not result in a reduction in the total amount of "FMLA" leave to which the employee is entitled beyond the amount of "FMLA" leave actually taken.

(e) The university may limit "FMLA" leave increments to the shortest period of time that the university's payroll system uses to account for absences.

(4) Relationship to paid or unpaid leave policies

(a) Employees are required to take accrued but unused sick leave, vacation leave, compensatory time, personal leave, or other paid time before taking unpaid leave for the twelve or twenty-six week period. Time taken will be counted concurrently toward both "FMLA" leave and the appropriate paid or unpaid leave. If paid leave balances are insufficient to cover the twelve or twenty-six work weeks, the additional amount of "FMLA" leave necessary to attain the twelve or twenty-six work weeks of leave will be unpaid.

(b) Notwithstanding paragraph (D)(4)(a) of this rule, employees may request to reserve up to eighty hours of paid vacation leave. The request must be made in writing prior to taking "FMLA" leave, if foreseeable, and submitted to the director of human resources. The director of human resources may approve the request after consultation with the immediate supervisor.

(5) Notice and certification

(a) Employees seeking to use "FMLA" leave must provide:

(i) Thirty-day advance notice of the need to take "FMLA" leave when the need is foreseeable;

(ii) Medical certification supporting the need for "FMLA" leave due to a serious health condition affecting the employee, spouse, child or parent;

(iii) Second or third medical opinions if required by the university and periodic re-certifications (at the university's expense); and

(iv) Periodic reports during "FMLA" leave regarding the employee's status and intent to return to work.

(b) The director of human resources will respond to all "FMLA" leave requests in writing.

(6) Continuation of benefits

(a) The university will maintain group health insurance coverage for an employee on "FMLA" leave whenever such insurance was provided before the leave was taken, under the same terms as if the employee had continued to work. Employees will continue to be responsible for their share of health care insurance premiums while on "FMLA" leave. If the employee is in paid leave status while on "FMLA" leave, appropriate deductions will be taken from the employee's earnings.

(b) If an employee is on unpaid leave status, and the university pays for the employee's share of health care insurance premiums, the cost of such premiums will be deducted from future earnings or from the employee's last paycheck. If the employee does not accrue any further earnings at the university, the employee will be invoiced for amounts paid on their behalf, if any.

(7) Reinstatement

Upon return from "FMLA" leave, employees will be restored to their original jobs, or to equivalent jobs with equivalent pay, benefits, and other terms and conditions of employment, as required by "FMLA".

Effective: 2/2/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-7-65 Garnishment of wages.

(A) Purpose

To guide the university in abiding by court ordered garnishments.

(B) Scope

This rule applies to all university employees, including but not limited to faculty, administrative staff, unclassified hourly employees, classified civil service employees, and student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Garnishment" is an order issued by a court attaching an employee's earnings to satisfy a debt incurred by the employee.

(D) Rule statement

The university will comply with all lawful court orders respecting garnishments. Payments in compliance with applicable child support laws are not considered a garnishment. More than one garnishment in a twelve month period may subject the employee to discipline, up to and including result in discharge from the university.

Replaces: 3349-7-65

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-70 Group insurance benefits.

(A) Purpose

To promote the health and wellbeing of a quality workforce, through the provision of competitive group insurance benefits.

(B) Scope

This rule applies to all full time employees of the university, including but not limited to, faculty, administrative staff, unclassified hourly staff and classified civil service employees. This rule does not apply to student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Dependent Child" under federal law refers to the biological child, stepchild, or adopted child of an employee who is under the age of twenty-six and does not have their own insurance coverage through an employer. Pursuant to state law, a dependent child can also include the biological child, stepchild, or adopted child of an employee who is under the age of twenty-eight and is: unmarried; a resident of Ohio or a full-time student at an accredited public or private institution of higher education; not employed by an employer that offers any health benefit plan for which the child is eligible; and not eligible for insurance coverage under Medicaid or Medicare.

(3) "Eligible Dependents" include the spouse of an eligible employee, or as specified in a lawful separation agreement or divorce decree, and all dependent children as defined above.

(4) "Eligible Employee" includes full time employees of the university including faculty, administrative staff, unclassified hourly employee and classified civil service employees. Part-time employees and student employees are not eligible.

(5) "Group Insurance Benefits" are a selection of benefits received by an eligible employee provided in accordance with the financial resources and priorities of the university.

(6) "Spouse" refers to individuals who are recognized as lawfully married under the law of any state.

(D) Rule statement

Group insurance benefits, full-time employees

(1) The university may allow for a number of different group insurance benefit options. Information concerning these options are contained in separate provider publications.

(2) Elected group insurance benefits are effective on the employee's first date of employment unless otherwise noted.

(3) Coverage for each dependent will be effective with the latter of:

(a) The effective date of full-time appointment for the eligible employee; or,

(b) The date on which a person became an eligible dependent.

(4) The eligible employee must notify the human resources department of any changes in eligibility status for all dependents.

(5) Eligibility for group insurance benefits terminates based on any of the following events:

(a) The employee is no longer a full-time employee of the university;

(b) A dependent no longer meets the definition of "eligible dependent"; or,

(c) The death of an employee. All group insurance benefits for the surviving spouse and dependent children terminates on the last day of the second month following the month of the death of an eligible employee.

(d) The retirement of an employee. Group insurance benefits coverage terminates on the date of retirement for those employees who are recipients of Ohio retirement system benefits (except for life insurance). For employees hired before January 1, 1992, comprehensive medical coverage for eligible dependents of Ohio retirement system retirees continues if:

(i) The retired employee had ten consecutive years of full-time service with the university immediately prior to retirement; and

(ii) The eligible dependent was insured when the retired employee's health insurance benefits coverage terminated.

(e) A group rule terminates; or,

(f) The university elects to terminate coverage for a given benefit.

(6) Employees on approved leaves of absence without pay may continue group insurance benefits for up to one year at their expense.

(7) Group insurance benefits remain in effect while an employee is on active military duty for up to thirty one days. Employees are responsible for their contribution for any health insurance premiums during this thirty-one day period. Employees with longer periods of active military service may elect to continue group insurance benefits for up to eighteen months at their expense.

(8) Arrangements may be made for continuation of group insurance benefits for the eligible employee or eligible dependents under cobra by contacting the human resources department.

Effective: 2/2/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-7-75 Jury/civic duty leave.

(A) Purpose

To encourage employees to contribute to the community by fulfilling civic duties.

(B) Scope

This rule applies to all institution employees, including but not limited to faculty, administrative staff, unclassified hourly employees, and classified civil service employees. This rule does not apply to student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Jury Duty" or "Civic Duty" is service that requires time spent away from the institution as the result of a lawfully issued summons or subpoena.

(3) "Normal Working Hours" are hours specified by the immediate supervisor of an employee regarding when the employee will generally perform work for the institution.

(D) Rule statement

(1) Except as otherwise provided by law, employees will be granted leave with full pay if they are:

(a) Summoned for jury duty by a court of competent jurisdiction;

(b) Subpoenaed or summoned to appear before any court, commission, board or other legally constituted body authorized by the law to compel the attendance of witnesses, where the employee is not a party (plaintiff or defendant) to the action; or,

(c) Required to participate in any action, as an appellant or subpoenaed witness, before the state personal board of review and are in active pay status at the time of the scheduled hearing.

(2) An employee who is appearing before a court or other legally constituted body in a matter in which the employee is a party may be granted vacation time or leave of absence without pay. Such instances would include, but are not be limited to, criminal or civil cases, traffic court, divorce or custody proceedings, or when they are appearing because they are directed to appear as a parent or guardian of a juvenile. proof of appearance may be required.

(3) Any compensation or reimbursement for jury duty or for court attendance compelled by summons or subpoena, when such duty is performed during an employee's normal working hours, shall be remitted by the employee to the accounting department. All employees must make the appropriate notations on their time record.

Effective: 2/2/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-7-85 Legal holidays and religious observances.

(A) Purpose

To comply with federal and state laws and to provide employees with advance notice of the university's holiday schedule.

(B) Scope

This rule applies to all university employees, including, but not limited to, faculty, administrative staff, unclassified hourly employees and classified civil service employees. It does not apply to student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Active Pay Status" includes regular hours worked, vacation leave, sick leave, compensatory time, personal leave, legal holiday leave, winter break leave, and civic duty leave.

(D) Rule statement

(1) The university observes the following ten state of Ohio legal holidays: the first day of January; the third Monday in January, the third Monday in February; Memorial day; the fourth day of July; the first Monday in September; the second Monday in October; the eleventh day of November; the fourth Thursday in November; and the twenty-fifth day of December. The university will also observe any other holiday appointed and recommended by the governor of this state or the president of the United States. Employees shall be paid for these holidays unless otherwise specified by university rule.

(2) The board of trustees may designate alternate days for observance of the legal holidays otherwise observed on the third Monday in January, the third Monday in February, and the second Monday in October.

(3) If an employee observes certain religious holidays not observed by the state of Ohio, the immediate supervisor should allow the employee to take accumulated but unused vacation time or compensatory time earned to observe the holiday.

Effective: 10/11/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-95 Military leave.

(A) Purpose

To establish a uniform rule for military leave that complies with the federal and Ohio law as it pertains to permanent employees at the university.

(B) Scope

This rule applies to all permanent employees at the university.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Military" refers to any branch of the state or federal uniformed services.

(3) "Permanent Employee" refers to any person holding a position at the university that requires working a regular schedule of twenty-six consecutive bi-weekly pay periods, or any other regular schedule of comparable consecutive pay periods, which is not limited to a specific season or duration. "permanent employee" does not include student employees; intermittent, seasonal, or external interim employees, or individuals covered by personal services contracts.

(D) Rule statement

(1) Military leave with pay

(a) Employees who are members of the Ohio national guard, the Ohio defense corps, the Ohio naval militia, or members of other reserve components of the armed forces of the united states are entitled to a military leave of absence from their duties without loss of pay, for such time as they are in the military service on field training or active duty for a period not to exceed thirty-one days in any one calendar year. The maximum number of hours for which payment can be made in any one calendar year is one hundred seventy-six hours.

(b) Employees shall receive compensation they would have received for up to one hundred seventy-six hours even though they served for more than thirty-one days of such year on field training or active duty. There is no requirement that the service be for one continuous period of time.

(c) Employees are required to submit to the director of human resources an order or statement from the appropriate military commander as evidence of military duty before military leave with pay will be granted.

(2) Military leave without pay

(a) Employees shall be granted a leave of absence to serve in the military upon giving notice to their immediate supervisor and the department of human resources. This leave shall be without pay and shall be considered as a leave of absence from the university with reinstatement rights. No single leave of absence or combination of military leaves of absence may exceed five years or a single, longer period required to complete an initial period of obligated service.

(b) If an employee is on military leave without pay the employee will be given the option of making direct payments of the employee's share of the health insurance premium for up to thirty-one days. Employees with longer periods of service will be given the option of continuing health care coverage and related benefits for up to eighteen months. Such continuation shall be at the employee's expense, and the employee may be required to pay up to one hundred two per cent of the entire health insurance and related benefits premium costs.

(c) An employee returning from military leave without pay must apply for reinstatement. The application must be submitted to the director of human resources.

(i) Leave of less than thirty-one days: immediately upon release from military leave, the university will allow for travel time and eight hours of rest;

(ii) Leave of thirty-two to one hundred eighty days: within fourteen days of completing military service requirement; or

(iii) Leave of more than one hundred eighty days: within ninety days of completing military service requirement.

(iv) If the military leave of absence was for more than ninety days, the director of human resources may require, with the application, evidence showing that the application is timely, the duration of all such leaves of absence does not exceed five years or the time to complete the initial period of obligated service, and the employee's entitlement to reemployment has not terminated according to the circumstances described in the Uniformed Services Employment and Reemployment Rights Act of 1994, 108 Stat. 3149 (1994), 38 U.S.C.A. 4301 and 4304, as amended.

(d) Upon return from a period of duty in the military lasting ninety calendar days or less, the employee shall be returned to the same or similar position within the employee's former classification. If the period of duty lasts more than ninety days, the employee may be placed in any position of equivalent status, seniority, and pay. Regardless of the duration of duty, if the director of human resources demonstrates that reinstatement is impossible or would impose undue hardship, the employee may be assigned to another position with like seniority, status, and pay or the nearest approximation thereof consistent with the circumstances of the case.

(e) If the employee is unable to perform the duties of their former position by reason of injury or illness incurred or aggravated during military service, the director of human resources shall make reasonable efforts to accommodate the employee's disability in accordance with the university's rule on disabilities and accommodations. These efforts shall include placing the employee in another position in which the employee is qualified and able to perform the essential duties that will provide similar status, seniority, and pay.

(f) If an employee who is entitled to reinstatement under this rule is unable to report for or perform the duties of their position at the date of their application for reinstatement because of an injury or illness incurred or aggravated during uniformed service, the employee shall have up to two years to recover from that illness or injury before being required to report or reapply.

(g) A reinstated employee shall receive all rights and benefits generally available to employees in a comparable leave of absence without pay, including the following:

(i) All sick leave, vacation leave, and personal leave which had been accumulated at the time of entering service;

(ii) All seniority which would have accrued had the employee been on the job;

(iii) Automatic salary adjustments associated with the position and due the employee had the employee been on the job;

(iv) Any change in classification or pay range which would be due the employee had the employee been on the job; and

(v) Reinstituted health insurance and related insurance benefits with no waiting periods or pre-existing condition exclusions.

(h) Termination

(i) Employees reinstated after military leave without pay lasting from thirty-one to one hundred eighty days shall not be terminated from their position within one hundred eighty days of reinstatement without cause.

(ii) Employees reinstated after military leave lasting one hundred eighty-one days or more shall not be terminated from their positions within one year of reinstatement without cause.

(i) The provisions of this rule do not apply to an employee who accrues more than five years of cumulative, military service, except as provided in 38 U.S.C. 4312, as amended.

Replaces: 3349-7-95

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-100 Nepotism.

(A) Purpose

To establish a rule to ensure that the hiring and supervision of employees is conducted in a manner that enhances public confidence and avoids situations that give the appearance of partiality, preferential treatment, improper influence, or conflict of interest; and to promote the recruitment of a diverse and qualified workforce.

(B) Scope

This rule applies to all university employees, including but not limited to faculty, administrative staff, unclassified hourly employees, classified civil service employees, and student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Business Associates" refers to parties who are joined together in a relationship for business purposes or who act together to pursue a common business purpose or enterprise.

(3) "Family Member" is defined to include, but is not limited to spouse (including individuals who are recognized as lawfully married under the law of any state), children (whether dependent or independent), parents, grandparents, siblings, aunts, uncles, nieces, nephews, in-laws, step-children, stepparents, step-grandparents, step-siblings, step-aunts, step-uncles, and other persons related by blood, marriage, or adoption.

(4) "Significant Relationship Partner" refers to people living together as a spousal or family unit when not legally married or related where the nature of the relationship may impair the objectivity or independence of judgment of one individual working with another.

(D) Rule statement

The criteria for appointment and promotion of all employees of the university are appropriate qualifications and performance. More than one family member, significant relationship partners or business associates may be employed at the university. However, a family member, significant relationship partner, or business associate may neither initiate nor participate in decisions which involve a direct benefit or detriment to the other; nor supervise, evaluate or direct the work of the other.

Replaces: 3349-7-100

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-120 External professional commitments by faculty and professional staff.

(A) Purpose

To establish a rule governing external professional commitments by covered university employees, as defined herein.

Participation by covered university employees of university in activities of government, in industry and in other private institutions commonly serves the academic interest of the university. The public benefits from the dissemination of knowledge and technology developed within the university. Students benefit by learning from faculty who bring knowledge and skills derived from these experiences to the classroom. Moreover, the professional experience and recognition that such participation brings to the faculty member will be shared with the university.

(B) Scope

(1) This rule applies to covered university employees (as defined below) who hold appointments of .75 full time equivalent "FTE" or greater. Unclassified hourly employees, classified civil service employees and student employees are not eligible to consult or to engage in other commitments outside the university during normal working hours.

(2) This rule establishes guidelines and reporting requirements for external professional commitments, external to the university, for which covered employees receive compensation or in which the covered employee holds an equity interest. The following activities are not subject to this rule's guidelines and reporting requirements:

(a) External professional commitments that reflect normal and expected public service activities of covered university employees that do not entail compensation beyond reimbursement for expenses and/or a nominal honorarium. These activities include service to governmental entities and boards such as peer review panels and advisory bodies to other universities; presentations to either professional or public audiences in such forums as professional societies, libraries, and other universities; and peer review activities undertaken for either for-profit or nonprofit publishers.

(b) Healthcare activities that are explicitly a term of the covered university employee's employment (e.g. co-funded faculty positions).

(c) Covered university employees are strongly encouraged to discuss all anticipated external professional commitments with their direct administrative supervisor before engaging in the activity in order to accurately determine whether an activity is exempted from or covered by this rule.

(C) Definitions

(1) "Compensation" refers to direct or indirect receipt of money or its equivalent for services rendered, includes salary and any payment for services not otherwise identified as salary (e.g. consulting fees, honoraria and paid authorships).

(2) "Conflict of Interest" refers to a relationship between a covered university employee's external professional commitments and the covered university employee's expertise and responsibilities at the university such that an independent observer might reasonably question whether the covered university employee's objectivity in the performance of his or her university responsibilities could be compromised by considerations of personal gain.

(3) "Conflict of Commitment" occurs when the time or effort that a covered university employee devotes to an outside professional commitment interferes with the employee's fulfillment of his or her university responsibilities, or when an employee makes unauthorized use of university resources in the course of fulfilling a outside professional commitment.

(4) "Covered University Employees" refers to faculty and professional staff as defined in this rule.

(a) "Faculty" refers to employees appointed to that status by the board of trustees who are employed at least .75 "FTE" by the university.

(b) "Professional staff" includes, but is not limited to, those employees who are employed at least .75 "FTE" by the university and provide leadership for academic programs, personnel, and academic support units; provide professional support to senior university or college administrators both academic and non-academic; or are senior university administrators or those who possess independent decision making and discretionary authority within the university.

(5) "Direct Administrative Supervisor" is the person to whom the covered employee reports within the university. In the case of faculty, the direct administrative supervisor is, generally, the department chair. In the case of department chairs, the direct administrative supervisor is, generally, the dean. In the case of professional staff the direct administrative supervisor is the department manager, the division director or the department chair.

(6) "External Professional Commitment" is a professional engagement, undertaking or obligation that is generally linked to the covered university employee's university responsibilities, but occurs outside of the context of the employee's expected duties to the university.

(7) "Normal Working Hours" are eight a.m. to five p.m. unless otherwise established by the covered university employee's supervisor.

(8) "REPC" refers to the request for approval of external professional commitments form.

(9) "EPCR" refers to the external professional commitments report form.

(10) "Unclassified Hourly Employee" is an hourly employee who is not a classified civil service employee and who is subject to appointment, removal, promotion, transfers or reductions by the appointing authority.

(11) "Unit" may be the university or a college department, office or division.

(D) Body of the rule

(1) Covered university employees are encouraged to engage in external professional commitments to the extent that these activities are clearly related to the mission of the university and the expertise of the covered university employee; provide direct or indirect benefits to the university: and do not entail a conflict of interest as defined herein. As a general rule, the proportion of a covered university employee's professional effort devoted to external professional commitments should not exceed one business day per week. Prior approval must be obtained as outlined below. Covered university employees should avoid any conflict or appearance of conflict between external professional commitments and his or her university responsibilities. In particular, covered university employees should avoid any interruption to their formal instructional activities because of an external professional commitments.

Under Ohio law, the university owns any intellectual property that is a product of university research. When engaged in external professional commitments, a covered university employee must not assign to other entities the rights to a product of university research.

(2) No external professional commitment may interfere with the performance of regular university duties; compete with course work offered by the university; or compete with services offered by the employee's unit.

(3) All covered university employees are permitted to engage in external professional commitments up to three days per calendar year without prior approval. However, this activity must be reported annually.

(4) Reporting of professional commitments. Covered university employees are required to report their external professional commitments as follows based on the duration of the commitment:

(a) External professional commitments of less than three days per calendar year do not require prior approval.

(b) External professional commitments of more than three days but less than thirteen days per calendar year do not require prior approval, but must be reported annually on an "EPCR" form.

(c) External professional commitments of more than thirteen days per calendar year or three days in a given month; or an activity likely to attract public attention to the university require approval prior to engaging in the activity. All prior approvals expire at the end of the performance review cycle or no later than June thirtieth. Covered employees intending to continue external professional commitments in a subsequent review cycle must re-submit a "REPC".

(5) Covered university employees with external funding must comply with all time and effort reporting requirements established by the university or funding agency.

(6) Unit review of requests

(a) The direct administrative supervisor reviews the information submitted on the "REPC" to evaluate whether or not the activity represents a conflict of commitment or a potential conflict of interest. Consideration shall be given to whether the activity:

(i) May interfere with the covered university employee's primary university activities. Generally, the employee should be able to continue his or her normal teaching, research, service and departmental participation or regular job responsibilities;

(ii) May involve an excessive time commitment. Generally, the time commitment to the activity should be no more than one day per week, on average, for the term of the external appointment;

(iii) Involves teaching at another school or teaching an online course. Generally, the activity should not compete with university services in terms of subject matter, level of education and availability within the local geography;

(iv) Involves conducting research through an outside entity. Generally, the outside commitment should not compete with contract or research opportunities for the university; or

(v) Involves serving as an officer of a professional society or an editor of a professional journal. Generally, the direct administrative supervisor needs to weigh the benefits of assuming professional leadership responsibilities for institutional reputation and personal career development with the extent and duration of any relief from normal job responsibilities that the activity will require.

(b) Decision to approve or deny an outside professional commitment.

(i) The direct administrative supervisor reviews the request and forwards a recommendation to the dean or the division director (or their designee), for consideration. The dean or division director (or their designee), may grant or deny the request as set forth on the "REPC". This recommendation should, generally, be made no later than two weeks from the receipt of the request or as soon as practicable. Decisions by the dean or division director (or their designee) should generally be made no later than two weeks from receipt of the recommendation or as soon as practicable.

(ii) The dean or the division director (or their designee) will notify the individual and the direct administrative supervisor of the decision. If the request is not approved, a written statement of the reason(s) for denying the request will be provided. Decisions by the dean or division director (or their designee) are final. The office of the dean or the division director will retain all associated documentation.

Effective: 8/26/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 2/2/2015

3349-7-125 Position classification.

(A) Purpose

To establish a rule to evaluate the current duties and responsibilities assigned to a position in order to determine the appropriate salary range and title.

(B) Scope

This rule applies to administrative staff, unclassified hourly employees, classified civil service employees, and student employees.

(C) Definitions

(1) "Position Classification" is a designation assigned to a position based on job duties responsibilities, and qualifications.

(2) "Position Audit" is an analysis of the position duties, responsibilities, qualifications salary range, and title conducted by the director of human resources, or designee.

(3) A "Salary Range" is a continuum of salaries from minimum to maximum within each salary grade. Positions are assigned within a salary range by the director of human resources.

(D) Rule statement

(1) When a position's duties, responsibilities and qualifications change significantly or new positions are created, a position audit may be initiated by an affected employee, immediate supervisor, department head, or the director of human resources. The position audit will ensure that current duties, responsibilities and qualifications are appropriately reflected in the position's salary range.

(2) The employee and immediate supervisor will complete a position analysis questionnaire and a revised position description. The immediate supervisor will consult with the department head who will review these documents and if approved, send them to the director of human resources.

(a) The submitted documentation must, at a minimum, include the factors set forth in the university's compensation program rule.

(b) The director of human resources or designee will evaluate the documentation submitted to determine if a position reclassification is necessary.

(c) The director of human resources will advise the immediate supervisor and department head accordingly.

(3) Appeals

(a) If an employee and the immediate supervisor do not concur with the determination of the director of human resources, they must consult with the respective department head. If the department head determines that an appeal is warranted, the department head may forward a written appeal to the director of human resources. The director of human resources will forward the documentation to an external human resources consultant chosen by the university.

(i) The external consultant will review the documentation and advise the director of human resources accordingly.

(ii) The director of human resources will advise the immediate supervisor and the department head of the outcome of the consultant's review.

(b) No further appeals may be taken.

Replaces: 3349-7-125

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-131 Sick leave and bereavement leave.

(A) Purpose

To establish a sick leave rule for faculty and administrative staff.

(B) Scope

This rule applies to all faculty and administrative staff.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Immediate Family" is limited to the employee's spouse (including individuals who are recognized as lawfully married under the law of any state), parents, children, grandparents, siblings, grandchildren, brother-in-law, sister-in-law, mother-in-law, father-in-law, stepmother, stepfather, stepchildren, stepsiblings, or a legal guardian or other person who stands in loco parentis.

(3) "Licensed Practitioner" refers to a person who is licensed to practice medicine, surgery or psychology in the state of Ohio.

(D) Rule statement

(1) Accrual

Faculty and administrative staff accrue sick leave benefits in accordance with the following formula: number of hours worked per month x .0577. Sick leave hours do not accumulate while on an unpaid leave of absence or while receiving paid hours from the sick leave donation pool.

(2) Sick leave notification

(a) Employees who are unable to report for work, and who are not on a previously approved day of vacation or other leave, shall be responsible for notifying the immediate supervisor that they will be unable to report for work. The notification must be made within one half hour after the time the employee is scheduled to report for work, unless emergency conditions prevent such notification. If operational needs require a different notification time, the immediate supervisor may establish a reasonable notification time requirement. If a condition exceeds five consecutive business days, a statement from a licensed practitioner specifying the employee's inability to report to work and the probable date of return to work is required and the following shall apply:

(i) If hospitalization is required, the employee shall be responsible for notifying the immediate supervisor upon admission to such hospital, unless emergency conditions prevent such notification.

(ii) When convalescence at home is expected to exceed five consecutive business days, the employee shall be responsible for notifying the immediate supervisor and for securing a statement from a licensed practitioner stating that the employee is unable to report for work and the expected date of return to work.

(b) Employees taking care of immediate family for a period exceeding five consecutive business days must submit a statement from a licensed practitioner stating that the immediate family member requires care by the employee.

(3) Sick leave paid at retirement

(a) An employee, upon initial disability retirement or initial service retirement, is entitled to a one-time payment of unused accumulated sick leave credit in accordance with this rule.

(b) The employee must have, at the time of initial retirement, ten or more years of actual service with the state of Ohio or any political subdivision of the state of Ohio, or any combination thereof for sick leave payout. Service time purchased toward retirement does not count toward the ten year requirement for sick leave payout. All unpaid accumulated sick leave credit shall be eliminated at the time of sick leave payment, and shall not be re-credited to the employee for any reason.

(c) Payment shall be made for one fourth of the value of any unused accumulated sick leave up to a maximum of the value of two hundred forty hours. The payment shall be in a single lump-sum based upon the employee's rate of pay at the time of initial retirement and shall occur only once during the employee's lifetime.

(4) Sick leave usage

(a) Employees may use sick leave, upon approval of the immediate supervisor, for:

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

(ii) Exposure of an employee to a contagious disease which could be communicated to, and jeopardize the health of other employees.

(iii) Examination of the employee, including medical, psychological, dental, or optical examination, by an appropriate licensed practitioner.

(iv) For bereavement leave upon the death of a member of the employee's immediate family for a period not to exceed five business days.

(v) Illness, injury, or pregnancy-related condition of 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.

(vi) Examination, including medical, psychological, dental, or optical examination of a member of the employee's immediate family by an appropriate licensed practitioner where the employee's presence is reasonably necessary.

(vii) Donation of leave to a sick leave bank in accordance with the leave donation rule of the university.

(b) Unused sick leave shall be cumulative without limit.

(c) The use of sick time shall be documented on the employee's time record.

(d) Falsification of information on the time record or on any written statement or certification regarding sick time use shall be grounds for disciplinary action up to and including dismissal.

(5) Transfer of sick leave

(a) Any accumulated but unused sick leave is maintained by the university for a period of ten years when an employee separates from the university for reasons other than retirement.

(b) If an employee is subsequently employed by another eligible Ohio public employer, the balance of accumulated but unused sick leave will be transferred to that employer.

Replaces: 3349-7-131

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-145 Emergency sick leave donation rule.

(A) Purpose

To establish an emergency sick leave donation rule.

(B) Scope

This rule applies to faculty, administrative staff, unclassified hourly employees and classified civil service employees. The rule does not apply to student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Active Pay Status" for purposes of this rule includes regular hours worked, vacation leave, sick leave, personal leave, compensatory time, legal holiday leave, winter break leave, and civic duty leave.

(3) "Legal Holiday Leave" is a day of paid leave that is designated by the state of Ohio and approved by the board of trustees.

(4) "Parental Leave" is the period of time taken after birth or adoption of a child by a parent, legal guardian or person standing in loco parentis.

(D) Rule statement

(1) Eligibility and payments

(a) Employees may apply for funds through the emergency sick leave donation program if they are in critical need of paid leave due only to the personal medical necessity of the employee. The human resources department will consider whether to approve the payment of funds under the emergency sick leave donation program on a bi-weekly basis. Employees may not apply to the emergency sick leave donation program to cover unpaid absences due to the care of family members.

(b) The department of human resources has the discretion to approve or not approve any amount of hours requested up to the life-time maximum. There is no appeal from this decision.

(c) Employees must have one year of service at university and must have exhausted all sick leave, vacation leave and compensatory time before they are eligible to apply for the emergency sick leave donation program.

(d) Employees must have an illness or injury that will require the employee to be absent from the worksite for a period of time exceeding eighty consecutive scheduled work hours and their absence will result in the loss of income due to the lack of accrued sick leave, vacation leave and compensatory time. Elective surgery, normal pregnancy and delivery, or parental leave does not qualify the employee to participate in the emergency sick leave donation program.

(e) If an employee is eligible, but unable to apply due to a physical or mental disease or disability, a family member or other authorized representative may apply on behalf of the employee.

(f) Payments under this rule will terminate when the employee receives funds from any other benefit source. If any payments from other sources are received for the same period of time, the funds paid by the university must be refunded to the university.

(g) The employee's right to privacy regarding the nature of the qualifying illness or injury will be maintained to the extent allowed by law.

(h) An employee is limited to a lifetime maximum number of paid hours under the sick leave donation program. The lifetime maximum is five hundred paid hours.

(i) If a legal holiday or winter break leave occurs while the employee is receiving paid hours under the emergency sick leave donation program the employee will not be eligible to receive legal holiday leave compensation or winter break leave compensation.

(2) Donations

(a) Employees who donate must:

(i) Be in active pay status;

(ii) Have five years of service at the university and must retain a minimum of four hundred eighty hours of paid sick leave for their own use;

(iii) Do so voluntarily; and

(iv) Donate in increments of eight hours.

(b) The maximum donation per employee per year is one hundred twenty hours.

(c) Donations will be accumulated in a pool and will not be returned to the employee.

(d) The identity of the donors will remain anonymous to the extent permitted by law.

(3) Accrual of sick and vacation leave hours during use of sick leave donation pool hours.

Sick leave and vacation leave hours do not accumulate while on an unpaid leave of absence or while receiving paid hours from the emergency sick leave donation pool.

Replaces: 3349-7-145

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-151 Telecommuting.

A) Purpose

To establish a rule to govern requests from employees to perform job functions in alternative work locations and to allow for the performance of job functions during university declared short or long-term emergencies.

(B) Scope

This rule applies to all faculty, administrative staff at the university who work a regularly scheduled workday; unclassified hourly employees and classified civil service employees may be permitted to telecommute on an emergency basis, as defined in this rule.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Alternate Work Location" is an approved work site that includes an employee's home or other approved location away from an employee's central workplace.

(3) "Central Workplace" is an employee's usual place of work.

(4) "Telecommuter" refers to an employee who does not work at the central workplace for part of the work week.

(5) "Telecommuting" is a work arrangement in which the immediate supervisor permits employees to perform their usual job duties away from their central workplace, in accordance with the same performance expectations and their conditions as set forth in the telecommuting agreement. This does not include or apply to work "taken home" beyond the usual workday or other professional activities pursued at home which extend beyond the usual workday; or temporary work at home due to special conditions such as providing dependent care, recovering from an illness or caring for an ill family member. Telecommuting may also be employed by the university when addressing the needs of the university in time of emergency, whether short or long-term.

(6) "Telecommuting Agreement" ("Agreement") refers to a written agreement that details the terms and conditions of employees' work away from their central workplace.

(7) "Telecommuting Request Form" is the form completed by employees and submitted to their immediate supervisor requesting permission to telecommute for a specified period of time or project.

(8) "Work Schedule" sets forth an employee's usual hours of work.

(D) Rule statement

(1) Voluntary telecommuting

(a) An employee may seek approval to telecommute on a part-time basis for a period not to exceed more than eight hours per day and/no more than two days per week for a specific purpose and/or for a specified period of time.

(b) Employees seeking approval to telecommute must submit a telecommuting request form to their immediate supervisor.

The telecommuting request form shall include the following information:

(i) Proposed telecommuting work hours and days;

(ii) Proposed start day of telecommuting;

(iii) Project or assignment;

(iv) Floor plan of the alternative work location for telecommuting period; and

(v) A description of the resources including equipment and software programs that are available to enable the employee to complete the proposed task.

(c) Evaluation criteria

An employee's telecommuting request shall be evaluated, and approved or denied, based on a review of the following criteria:

(i) The nature of the employee's job;

(ii) The employee's productivity and performance levels exceed expectations based upon a review of the employee's past performance evaluations;

(iii) The university's and department's ability to maintain a high quality of service while the employee is telecommuting;

(iv) The employee's attendance record meets expectations;

(v) The employee has no current disciplinary issues; and

(vi) The employee's ability to work independently.

(d) An employee's immediate supervisor, in consultation with the department head and the director of human resources, shall make the final determination regarding the request.

(e) If a telecommuting request is approved, the employee shall be required to enter into a telecommuting agreement with the university. A copy of the telecommuting agreement must be forwarded to the director of human resources.

The telecommuting agreement shall include at least the following information:

(i) The duration of the agreement;

(ii) The work schedule and the method for changing the work schedule;

(iii) How routine communication between the employee, supervisor, co-workers and other individuals will be handled;

(iv) The employee's performance plan and expectations;

(v) The resources that the employee will use and who will be responsible for providing and maintaining such resources;

(vi) Any applicable data security procedures;

(vii) Any additional specific terms and conditions agreed upon between the university and the employee regarding the telecommuting arrangement; and

(viii) Safety requirements.

(2) Temporary telecommuting for unclassified hourly and classified civil service employees in response to a short or long-term university declared emergency

In the event of a university declared emergency, unclassified hourly and classified civil service employees may be required to telecommute. A modified telecommuting protocol will be initiated by the university for a specified period of time to adequately account for the emergency. This protocol will be communicated to the affected employees. Some or all the components of a telecommuting agreement as described herein may be employed depending on the nature of the emergency. The affected employee's responsibilities, as set forth below, may be modified at the university's discretion.

(3) Employee responsibilities

(a) An employee's duties, obligations and responsibilities remain unchanged during the period of the telecommuting agreement. Employees shall comply with all university rules, procedures, and federal and Ohio laws and regulations while working at their alternative work location.

(b) An employee shall use any university provided resources only for business purposes and shall immediately notify the university when there is a malfunction.

(c) Employees shall be accessible by telephone, facsimile, network access or email while at their alternate work location during the specified work hours.

(d) On-campus communications must be maintained by checking voicemail and email at least two times per day.

(e) Employees' voicemail greeting must indicate that they are working at an alternative work location and advise when a response will be made.

(f) An employee shall be required to make arrangements for dependent care during the specified work hours. Employees may be asked by their immediate supervisor or the director of human resources to provide information regarding dependent childcare arrangements.

(g) Employees shall immediately notify their immediate supervisor of any situations which interferes with the employees' ability to perform their job while at the employees' alternate work location.

(h) While at their alternate work location, employees shall practice the same safety habits that they would use while working at their central workplace and maintain safe work conditions.

(i) Employees shall immediately notify the safety and security administrator of any injury that occurred while telecommuting.

(j) Employees shall release the university from liability and hold it harmless for damages to real or personal property that occurs while telecommuting.

(4) Telecommuting assignments shall not change an employee's scope, terms, or other conditions of employment.

(5) Restrictions

(a) Employees shall be prohibited from voluntarily telecommuting if they have less than six months of service in the department or at the university.

(b) Employees shall not be entitled to reimbursement for travel mileage to attend meetings at the employees' central workplace on days the employees are scheduled to work at their alternate work location.

(c) Employees are prohibited from performing personal business or activities during specified telecommuting hours.

(6) Worksite

(a) Employees must maintain a designated workspace at their alternate work location that is quiet, free of distractions and kept in a clean, professional and safe condition with adequate lighting and ventilation.

(b) The university is not responsible for operating costs, home maintenance, property or liability insurance or other incidental expenses (utilities, cleaning services, etc.) associated with the use of an employee's alternate work location.

(7) University resource usage

(a) Resources may be provided by, or paid for by, the employee's department at the department's sole discretion. Employees are expected to provide their own access to the internet and telephone if they wish to telecommute.

(b) Resources such as computers, printers, software, and services provided on loan by the university remain the property of the university while on loan, and must be returned upon termination of the telecommuting agreements.

(c) If university resources are provided, each resource must be recorded by the department with its serial number on a listing retained by the department when the employee takes possession. Employees must return the resources in the same condition in which it was originally received, taking into account normal wear and tear. Employees are personally liable for missing or damaged resources.

(8) Security

(a) Employees must obtain their immediate supervisor's specific approval to work on restricted-access information or materials at their alternate work location.

(b) An employee shall protect the university's information from unauthorized disclosure or damage and shall comply with the university's rules and procedures, and federal and Ohio laws and regulations, regarding disclosure of public and official records and the use, storage and transmission of confidential information.

(9) Sanctions for violation

Employees found to have violated this rule may be subject to disciplinary action up to and including termination of their employment.

Effective: 8/26/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-152 Termination and notice of termination.

(A) Purpose

To establish a rule for notice of termination of administrative staff and unclassified hourly employees.

(B) Scope

This rule applies to all administrative staff and unclassified hourly employees.

(C) Definitions

(1) Consult rule 3347-7-01 of the Administrative Code.

(2) "Appointing Authority" is the appointing authority for the administrative staff is the employee's division director; the appointing authority for unclassified hourly personnel is the director of human resources.

(3) "Immediate Supervisor" is the person who directs or oversees the work of another.

(4) "Notice" is formal notification of termination of employment at the university.

(5) "Service Date" is the first day of the employee's service at the university.

(D) Rule statement

(1) All administrative staff and unclassified hourly employee appointments must be approved by or ratified by the board of trustees in order to be effective. The service date may be different than the approval or ratification date. All administrative staff and unclassified hourly employees are "at will" employees of the university.

(2) Administrative staff and unclassified hourly appointments are ordinarily made with the expectation that they will continue during good behavior and efficient service until notice is given by either the employee or the university except as described in paragraph (D)(3) of this rule.

(3) Administrative staff and unclassified hourly appointments for specific periods may be issued with the approval of the appointing authority. All employees who are fully funded on grants are appointed for a specified term. An appointment for a specified term will terminate on the last day of the term. No notice is required to terminate the appointment.

(4) Termination may be initiated by the employee through resignation or retirement with reasonable notice. Reasonable notice by the employee is considered thirty calendar days unless an earlier date is negotiated with the immediate supervisor.

(5) In the case of the termination of employment of an employee holding faculty rank in an academic department, the employee's faculty rights and privileges are preserved, unless proceedings to terminate the faculty appointment are undertaken in accordance with the faculty bylaws. Salary and benefits will be reviewed on a case by case basis.

(6) Notice of termination for terminations without cause

(a) If the university intends to terminate the employment of an employee, without cause, the appointing authority will issue notice in accordance with the schedule below. The schedule herein, including weekends and holidays, establishes the last date of the employee's employment. The appointing authority may exercise discretion when determining the last day at the work site.

Completed years of continuous service

Calendar days of notice

1 - 4.99 years

30 days

5 - 9.99 years

60 days

10 - 19.99 years

90 days

20 years

120 days

(b) The immediate supervisor and the director of human resources will meet with the employee and provide the employee with a copy of the notice. If the employee is unable or unwilling to attend the meeting, notice may be sent to the employee's last known address via U.S. mail.

(c) Pay and benefits

(i) The date used for the calculation of notice under this rule is the employee's service date.

(ii) Current salary, group health insurance and other fringe benefits continue during the notice period subject to all usual deductions including applicable taxes and employee contribution for benefits.

(iii) Salary and benefits will be paid in accordance with this rule until the last day of employment, even if the appointing authority exercises its discretion and sets the last day at the work site at a time prior to the last day of employment.

(7) Suspension and termination for cause

(a) An employee who has not received a notice may continue employment during good behavior and efficient service, but may be removed without notice or be reduced in position, suspended, or removed for incompetency, inefficiency, dishonesty, drunkenness, possession or use of illegal drugs, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any acts of misfeasance, malfeasance, or nonfeasance.

(b) In the event of conduct outlined in paragraph (D)(7)(a) of this rule, the immediate supervisor after 'Consultation with the director of human resources, may provide notice to the employee of the proposed termination. The employee will be provided an opportunity for a meeting with the employee's respective appointing authority, immediate supervisor and the director of human resources. If after this meeting the appointing authority determines that it is appropriate to terminate the employee for cause, the appointing authority may provide notice and the university will not be obligated to pay salary and benefits to the employee after the issuance of notice.

Effective: 2/2/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-7-155 Rule governing persons who travel to areas that are identified by the cdc as having serious infectious disease outbreaks.

(A) Purpose

To protect the members of the university from unnecessary exposure to possible infectious agents that might be spread by members of the university that travel for business or pleasure to areas that are included in the center for disease control's (CDC) travel warning list.

(B) Scope

Applies to all members of the university community including faculty, administrative staff, unclassified hourly employees, classified civil service employees, students and volunteers.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Licensed Practitioner" refers to a person who is licensed to practice medicine, surgery or psychology in the state of Ohio.

(D) Rule statement

(1) All members of the university community are required to consult CDC's travelers' health website athttp://www.CDC.gov/travelto educate themselves and others who may be traveling with them about any disease risks and CDC health recommendations for international and domestic travel to areas that are identified by the CDC as having serious infectious disease outbreaks in the areas they plan to visit or they may consult their local health department for guidance.

(a) Before travel, update all routine vaccinations (i.e., tetanus/diphtheria, polio, measles/mumps/rubella, and seasonal influenza vaccine if it is available), and see a licensed practitioner to get any additional vaccinations, medications, or information you may need.

(b) Consult a licensed practitioner to determine what vaccinations will be needed to provide protection (this will vary depending on travel destination, personal health and immunization history, and planned activities).

(c) If traveling for business purposes, documentation from the employee's physician or other qualified healthcare provider must, upon request, be provided to the university's health and safety administrator. This documentation must include a statement that the traveler has received the recommended vaccinations or the traveler may be considered to be acting outside the course and scope of his/her employment with the university.

(d) Students traveling under the auspices of the university must receive recommended vaccinations in order to be eligible to receive academic credit or any allowable expense reimbursement or payment.

(2) After a member of the university community returns from international travel or domestic travel to areas that are identified by the CDC as having serious infectious disease outbreaks, he/she must consult with the university's health & safety administrator prior to returning to the workplace, classrooms, laboratories, clinical placement or attending any university related events. The university's health and safety administrator will refer to the CDC website to determine if any precautions should be taken prior return. If the university has concerns about the possibility of infectious diseases based on the location of travel or the activities performed during the trip, the university can require the individual to submit to an examination by a physician or other healthcare provider prior to returning to the university setting, clinical placements, or university events. Prior to returning, a licensed practitioner should document that the person does not pose a risk of serious infection. Such documentation will be placed in the individual's medical file at the university.

Replaces: 3349-7-155

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-160 Vacation leave.

(A) Purpose

To provide a standard vacation rule for all employees of the university in order to ensure that employees maintain a healthy balance between personal life and work related obligations.

(B) Scope

This rule applies to full-time faculty; and to full and part time administrative staff, unclassified hourly staff, and classified civil service employees. This rule does not apply to student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) Regular rate of pay - is the employee's base rate of pay.

(D) Rule statement

(1) Vacation leave accrual

(a) Unclassified hourly employees and classified civil service employees

(i) Each unclassified hourly employee and classified civil service employee shall earn vacation leave in accordance with the following formula.

Years of Service

Accrual Formula

1 - 4

.03875 x hours paid

5 - 9

.05750 x hours paid

10 - 20

.07750 x hours paid

21 or more

.09625 x hours paid

Vacation leave hours do not accumulate while on an unpaid leave of absence or while receiving paid hours from the sick leave donation pool.

(ii) The employee will be permitted to take accrued vacation leave after completing the probationary period.

(iii) A full-time unclassified hourly employee or classified civil service employee earning vacation credits is entitled to have any service with former state of Ohio public employers (state or any political subdivision of the state) counted as service, for the purpose of computing the amount of vacation leave in the formula specified above.

(b) Faculty and administrative staff

All full-time faculty and full and part-time administrative staff shall earn vacation leave in accordance with the following formula.

.085 x hours paid per month

(2) Vacation leave usage

(a) Unclassified hourly employee and classified civil service employee

Employees are expected to use their accrued vacation leave annually. Employees may accrue vacation leave up to a maximum of three times the amount earned annually. Once the maximum is earned; no further vacation leave may be earned until vacation leave is used.

(b) Faculty and administrative staff

(i) Employees are expected to use their accrued vacation leave annually. Any accrued and unused vacation leave up to a maximum of three hundred fifty-two hours may be carried forward to the following fiscal year. Any accrued and unused vacation leave in excess of three hundred fifty-two hours must be used by the end of the fiscal year or will be forfeited.

(ii) The use of vacation leave may be authorized in advance of accrual upon approval of the immediate supervisor and the director of human resources.

(c) If an employee takes vacation leave during a week in which there is a paid holiday, the employee need not record the holiday as vacation leave.

(d) Vacation leave shall be subject to approval of the immediate supervisor to minimize interruption of service.

(e) With the approval of the immediate supervisor, an employee may extend a vacation leave for which no accumulated time is available, by taking leave without pay in accordance with the university's rules on leave of absence without pay.

(3) Vacation payout

(a) Unclassified hourly employees and classified civil service employees

Payment for accrued, but unused vacation shall be made upon separation from the service to the university, or upon death of the employee. Such payment will be made in a lump sum based on the regular rate of pay at separation for the number of hours accrued but unused. Vacation leave payout is subject to the maximum of three times the annual accrual amount.

(b) Faculty and administrative staff

(i) Payment for accrued, but unused vacation leave shall be made upon separation from service to the university, or upon death of the employee. Such payment will be made in a lump sum based on the regular rate of pay at separation for accrued, but unused vacation leave, subject to a maximum of one hundred seventy-six hours.

(ii) If a faculty member goes from full-time to part-time employment, payment for accrued but unused vacation leave will be made at the time of the status change.

(c) In the event of an employee's death, the vacation leave payout will be made to the employee's estate.

(d) The payout for accrued but unused vacation for employees will be made at the next regularly scheduled by-weekly or monthly paycheck following the employee's death or separation from the university.

Replaces: 3349-7-160

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-165 Whistleblower.

(A) Purpose

This rule is intended to protect employees from any disciplinary or retaliatory action when they engage in good faith disclosure of alleged wrongful conduct to a designated official of the university or a public entity charged with investigating such alleged wrongdoing.

(B) Scope

This rule applies to all employees of the university, including but not limited to, faculty, administrative staff, unclassified hourly employees, classified civil service employees, and student employees.

(C) Definitions

Consult rule 3349-7-01 of the Administrative Code.

(D) Rule statement

(1) When in the course of employment, an employee becomes aware of a violation of any applicable state of Ohio or federal statute, rule, or regulation, university rule, or the misuse of public resources, the employee may file a written report identifying the violation or misuse with their division director or the president of the university; or they may file a report with a public entity charged with investigating such violations or misuses.

(2) If the employee reasonably believes that a violation or misuse of public resources is a criminal offense, the employee may, in addition to or instead of filing a written report as set forth above, make a report to a prosecuting attorney or police authority. If the employee reasonably believes the violation or misuse is a violation of Chapter 102. of the Revised Code, the employee may report the alleged violation to the Ohio ethics commission.

(3) Except as otherwise provided in this rule, the university shall not take any disciplinary or retaliatory action against an employee for making any good faith report.

(4) An employee of the university shall make a reasonable and good faith effort to determine the accuracy of any information reported under this rule. The employee is subject to disciplinary action, including suspension or termination, as determined by the employee's appointing authority, for purposely, knowingly, or recklessly reporting false information under this rule.

(5) If the appointing authority takes any disciplinary or retaliatory action against a classified civil service employee of the university as a result of the employee's having filed a report under this rule, the employee's sole and exclusive remedy, notwithstanding any other provision of law, is to file an appeal with the state personnel board of review (SPBR) within thirty calendar days after receiving actual notice of the appointing authority's action. If the employee files such an appeal, the SPBR shall immediately notify the employee's appointing authority and shall hear the appeal. The SPBR may affirm or disaffirm the action of the appointing authority or may issue any other order as is appropriate. The order of the SPBR is appealable in accordance with the provisions of the Revised Code.

Replaces: 3349-7-165

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-7-170 Winter break leave.

(A) Purpose

To establish a rule for winter break leave.

(B) Scope

This rule applies to faculty, administrative staff, unclassified hourly employees, and classified civil service employees. This rule does not apply to student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "On Call Employees" refers to those employees who are not assigned a regular work schedule; rather they are scheduled on an "as needed basis" and are compensated at an established hourly rate based upon the job assignment.

(3) "Regular Rate of Pay" refers to the employee's base rate of pay.

(4) "Winter Break Leave" are paid personal leave days designated at the discretion of the president of the university under the authority delegated to the president by the board of trustees.

(D) Rule statement

(1) Winter break leave is designated at the discretion of the president. Winter break leave days may not be rescheduled nor may they be substituted for other leave days or holidays by the employee.

(2) The university is officially open in order to assure the performance of time sensitive or essential functions.

(3) Faculty and administrative staff will be compensated at their regular rate of pay.

(4) Only the unclassified hourly and classified civil service employees who have the prior approval of their immediate supervisor to work during winter break leave will be eligible to receive overtime compensation. These employees will be compensated in accordance with the university's overtime compensation and compensatory time rule.

(5) On call employees will not be compensated for winter break leave unless they are scheduled to work by their immediate supervisor. If they are scheduled, they will be paid in accordance with the university's overtime compensation and compensatory time rule.

Replaces: 3349-7-170

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010