Chapter 3349-8 Policies for Unclassified Hourly Employees and Classified Civil Service Employees

3349-8-05 Abuse of sick leave.

(A) Purpose

To establish a rule to govern situations of sick leave abuse.

(B) Scope

This rule applies to all administrative staff, unclassified hourly employees and classified civil service employees at the institution.

(C) Definitions

(1) "Abuse of Sick Leave" is defined as the use of sick leave for purposes other than those set forth in the sick leave, personal leave and bereavement leave rule, or the legitimate use of sick leave when it negatively impacts the employee's work performance or the operations of the institution.

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

(3) "Immediate Family" means an employee's spouse, parents, children, grandparents, siblings, grandchildren, sister-in-law, brother-in-law, mother-in-law, father-in-law, daughter-in-law, son-in-law, step-parents, step-children, step-siblings, or a legal guardian or other person who stands in loco parentis.

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

(D) Rule statement

(1) Immediate supervisors should regularly monitor and manage all of the sick leave used by the employees under their supervision.

(2) The immediate supervisor should consider the following factors to identify sick leave abuse:

(a) The frequency of and the reasons for sick leave use. absences necessitated by documented chronic long-term illness/disabilities will not be considered inappropriate use,

(b) The balance between an employee's number of years of service and hours of unused sick leave,

(c) Repeated Monday and Friday absences.

(d) Absences when a vacation request has been denied.

(e) "Seasonal Absences" associated with given times of the year (e.g. hunting season) or paid holidays.

(f) Excessive use of sick leave during periods of progressive discipline or immediately prior to retirement.

(g) Failure to notify the institution in accordance with the sick leave, personal leave, and bereavement leave rule when the employee will be absent.

(h) The impact of the employee's absences on the workplace (e.g. disruptions in work schedules, overtime costs, student learning).

(3) If the immediate supervisor suspects that sick leave abuse is occurring then the immediate supervisor shall:

(a) Consult with human resources.

(b) Counsel the employee on his/her use of sick leave.

(c) If the immediate supervisor has reason to suspect that an employee is abusing sick leave the immediate supervisor may require the employee to provide doctor's statements for a sick leave use for a fixed time period to verify legitimate use of sick leave.

(d) Sick leave recorded on the time card should not be approved by the immediate supervisor if there is evidence of or a reasonable belief that abuse has occurred unless the employee provides satisfactory evidence of legitimate use of sick leave.

(e) Refer the employee to the employee assistance program, if appropriate.

(f) Document all of these actions. Immediate supervisors should also reflect how the employee's attendance has affected the employee's ability to complete the tasks on the employee's performance review.

(4) If sick leave abuse continues, the immediate supervisor shall consider its effect on the employee's performance and the operations of the department or institution. When the absences negatively affect the employee's performance, or the operation of the department or institution, discipline up to an including termination may be imposed. Such discipline may be imposed even when the reasons for sick leave use have been legitimate, unless taken as part of a family medical leave act, leave of absence, or an organ donor leave of absence.

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

3349-8-10 Applications for employment.

(A) Purpose

To establish a rule for employment applications for unclassified hourly employees and classified civil service employees.

(B) Scope

This rule applies to unclassified hourly employees and classified civil service employees at the university.

(C) Definitions

(1) "Applicant" refers to one who makes a request to be considered for a position at the university.

(2) "Application" refers to the completion of an online form that requests applicant information and includes a requirement to submit a cover letter.

(3) "Director" means the director of human resources at the university.

(D) Body of the rule

(1) Formal application.

(a) The director shall require persons applying for an original appointment at the university to file a formal application, in which the applicant shall state the applicant's name, address, and such other information as may reasonably be required concerning the applicant's education and experience. No inquiry shall be made as to religious beliefs or political affiliations. Information about an applicant's race or ethnicity may be supplied at the discretion of the applicant. If it is so supplied it may be used for affirmative action purposes. Information on race and ethnic origin may also be requested to allow the university to comply with federal equal opportunity employment reporting regulations.

(b) Blank forms for applications shall be available on the university's website. The director may require references as appropriate. The director may refuse to appoint an applicant who is found to lack any of the established preliminary requirements for the position, who is addicted to the habitual use of intoxicating liquors or drugs to excess, who has a pattern of poor work habits and performance with previous employers, who has been convicted of a felony, who has been guilty of infamous or notoriously disgraceful conduct, who has been dismissed from the civil service for delinquency or misconduct, or who has made false statements of any material fact, or practiced, or attempted to practice, any deception or fraud in the application, in establishing eligibility for employment, or securing an appointment.

(2) Character and fitness of the applicant

Satisfactory information produced at any time to the director, that an applicant has committed acts which demonstrate character traits which would be detrimental to successful performance of the employment sought, or of the applicant's dismissal for good cause from any branch of public service, or of his or her conviction of a job related felony, or an established pattern of poor work habits and performance by the applicant with previous employers, shall be sufficient to exclude the applicant from consideration. All documentation submitted by applicants shall be subject to investigation by the director.

(3) False statements

Fraudulent conduct or false statements by the applicant, or by others with his connivance, in any application shall be deemed cause for exclusion of said applicant from any employment or for discharge once employed.

Replaces: 3349-8-10

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

3349-8-20 Classification program.

(A) Purpose

The purpose of this rule is to establish an appropriate classification plan for all classified civil service employees at the university.

(B) Scope

This rule applies to all classified civil service employees at the institution.

(C) Definitions

(1) "Appointing Authority" refers to the university officer having the power of appointment to, or removal from positions at the university. The appointing authority for the classified civil service employees of the university is the director of human resources.

(2) "Classified Civil Service employee" refers to a university employee who has completed the required probationary period and who holds a position within the classified civil service classification plan set forth herein.

(3) "Classification Plan" is an organized system of job groups, job titles and pay grades.

(D) Body of the rule

(1) General

(a) The board of trustees of the university is authorized by Chapter 124. of the Revised Code, to establish and administer compensation and classification plans for all classified civil service employees at the university, and to assume the duties of the director of administrative services with regard to these employees.

(b) The board of trustees has delegated its authority to administer all matters pertaining to classified civil service employees to the director of human resources and has appointed the director of human resources to serve as the appointing authority for the classified civil services employees of the university.

(2) Duties of appointing authority include, but are not limited to the duty to:

(a) Establish, modify or repeal a classification plan for all classified civil service positions in the university;

(b) Classify positions with similar duties and responsibilities within job families and job groups and assign job titles and pay grades to positions within the job families and job groups.

(c) Describe the duties, responsibilities and qualifications of each position.

(3) Certification in the Ohio civil service and salary at the time of appoint

(a) New employees after serving the original one hundred twenty day probationary period will become certified in the Ohio civil service.

(b) New employees will usually be appointed at the starting salary of the assigned grade. Appointments above the minimum shall only be made when the applicant clearly exceeds the minimum qualifications for the specific position as determined by the appointing authority.

(4) Job groups for classified civil service positions at university revised and updated December, 2016.

Job family

Job group

Pay grade

Accounting and auditing family

Sr accounting associate

I

        

Accounting and finance technical family

Accounts payable specialist

G

  

Specialist, student accounts

G

        

Academic learning technical family

Event assistant

E

  

Assistant standardized patient educator

H

  

Standardized patient educator

I

        

Academic support/academic affairs family

Administrative support

E

  

Program assistant

G

  

Assessment specialist

H

  

Enrollment specialist

H

  

Administrative assistant

H

  

Enrollment specialist

H

  

Administrative coordinator

I

        

Academic support/COGS family

Administrative assistant

H

        

Academic support/COM family

Clerical assistant

D

  

Office assistant

E

  

Program assistant

G

  

Administrative assistant

H

  

Administrative coordinator

I

        

Academic support/COP family

Administrative assistant

H

  

Administrative coordinator

I

        

Academic support/health affairs family

Clerk

B

  

Event assistant

E

  

Administrative assistant

H

        

Administrative support family

Clerical assistant

D

  

Receptionist

D

  

Program assistant

G

  

Administrative assistant

H

  

Administrative coordinator

I

        

Advancement family

Clerical assistant

D

  

Advancement services specialist

H

  

Marketing/PR assistant

I

        

Animal care family

Laboratory aide

D

  

Laboratory technician

F

  

Specialist

G

  

Sr laboratory technician

H

  

Facility coordinator

I

        

Automotive trades family

Auto mechanic

G

        

Bio-med science academy family

Study hall monitor

B

  

Clerical assistant

D

  

Services provider

E

  

Administrative assistant

H

        

Building maintenance family

Maintenance repair worker

H

  

Lead maintenance repair worker

I

        

Building trades family

General laborer

E

        

Campus retail family

Bookstore clerk

B

        

Electronic data processing clerical family

Admin & tech coordinator

H

        

Equipment operator family

Receiving/distribution analyst

E

        

Executive support family

Exec administrative asst

J

  

Sr exec administrative asst

K

        

Food management family

Intermediate level cook

E

  

Lead cook

G

  

Lead food service operations

G

        

Food preparation family

Service worker

B

  

Service worker/barista

B

  

Steward

B

  

Food service assistant

D

  

Intern

D

  

Cook

E

        

Grants and sponsored program family

Specialist grants accounting

G

        

Ground maintenance family

Groundskeeper

E

        

Human resources family

HR associate

H

  

HR assistant

H

  

Sr HR associate

I

        

Payroll family

Payroll specialist

H

        

Printing services family

Design & printing clerk

B

  

Associate II

G

        

Public safety and security family

Patrol officer II

H

  

Patrol officer I

H

        

Research technical family

Laboratory assistant

D

  

Laboratory technician

F

  

Laboratory coordinator I

I

        

Research support family

Clerical assistant

D

  

Office assistant

E

  

Administrative assistant

H

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

3349-8-25 Compensatory time.

(A) Purpose

To establish a rule regarding compensatory time for unclassified hourly employees and classified civil service employees.

(B) Scope

This rule applies to all unclassified hourly employees and classified civil service employees.

(C) Definitions

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

(D) Rule statement

(1) An employee may accrue compensatory time to a maximum of two hundred forty hours.

(2) Compensatory time is not available for use until it appears on the employee's earnings statement and the compensation described in the earnings statement is available to the employee.

(3) An employee may use compensatory time earned in accordance with the overtime and holiday compensation rule at a time mutually convenient to the employee and their immediate supervisor prior to the end of the fiscal year.

(4) An employee shall be paid for compensatory time earned in accordance with the overtime and holiday compensation rule.

(5) When payment is made for compensatory time not used, it shall be paid at the overtime rate which was effective for the employee at the time the compensatory time was earned.

(6) All compensatory time must be used before an employee is granted a leave of absence without pay, except as otherwise permitted under state or federal law.

Replaces: 3349-8-25

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111, 15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-8-37 Corrective action.

(A) Purpose

To establish a rule for corrective action.

(B) Scope

This rule applies to all unclassified hourly employees and classified civil service employees who have completed the new-employee probationary period. This rule does not apply to student employees.

(C) Definitions

(1) "Appointing Authority" refers to the director of human resources or his or her designee based on the designation 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, which states that the powers, duties, and functions of the administrative services and the director of the administrative services are assigned to the university's board of trustees, excluding the powers of the state personnel review board.

(2) "Corrective Action" are those actions taken by the university to correct or improve job-related performance or behavior.

(3) "Demotion" means the movement of an employee at the direction of the appointing authority to a position in a lower salary range, classification or grade.

(4) "Oral Warning" is an oral notification of a specific problem requiring corrective action or improvement.

(5) "Probation" is a step in the corrective action process that is employed when the reason for corrective action is not serious enough to warrant suspension or termination, or if prior progressive corrective action has not been successful.

(6) "Reasons for Corrective Action" include, but are not limited to:

(a) Incompetence,

(b) Inefficiency,

(c) Dishonesty,

(d) Coming to work under the influence of alcohol or drugs,

(e) Sexual harassment or lewd behavior,

(f) Insubordination,

(g) Discourteous treatment of public,

(h) Neglect of duty, and

(i) Failure of good behavior.

(7) "Progressive Corrective Action" usually involves five steps. The five steps are usually implemented in the following order: oral warning, written warning, probation, suspension and termination. If the reason for corrective action is severe and/or repetitive, a step or steps in the process may be skipped or combined.

(8) "Suspension" is a step in the corrective action process that is used if the reason for corrective action is not serious enough to warrant termination, or if prior progressive corrective action has been unsuccessful.

(9) "Termination" of employment is the final step in the corrective action process; it is used if the reason for corrective action is severe or repetitive or if prior progressive corrective action has been unsuccessful.

(10) "Written Warning" is a written notification of a specific problem requiring corrective action.

(D) Body of the rule

(1) Most workplace performance problems are handled by informal discussion or counseling between the immediate supervisor and employee. The corrective action rule is applied where more formal action is required.

(2) It is the university's rule and practice that corrective action be progressive in nature, begin with the least severe action necessary to correct the undesirable situation, and increase in severity if the condition is not corrected. The steps in increasing order of severity are oral warning, written warning, probation, suspension and termination from employment.

(3) In addition to being progressive in nature, it is important that the degree of corrective action be directly related to the seriousness of the offense and the employee's record; therefore, it is possible for steps to be skipped, repeated, or combined.

(4) During the probationary period for new employees, progressive corrective action need not be employed and more severe corrective action including immediate termination may be applied.

(5) The corrective actions of oral warning and written warning may be taken by the immediate supervisor. Documentation of such actions should be placed in the employee's personnel file in human resources. Further steps may only be implemented by the action of the appointing authority.

(6) Steps in the corrective action progression

(a) Oral warning is generally the first notification of a specific problem. This corrective action shall be delivered as soon as possible after the occurrence which initiated the action.

Documentation should include:

(i) The time and date of the oral warning;

(ii) The specific violations or work performance problems that resulted in the oral warning;

(iii) The date of the incident, if applicable;

(iv) The actions to be taken to correct the problem(s); and

(v) The consequences of failure to correct the problem(s) and the consequences of additional violations of university or departmental rules or rules.

(b) Written warning is generally the next step in the corrective action process. It is used in a case where acceptable progress toward correcting a problem has not been made, or in a case where the problem or job-related conduct is more severe or repetitive.

Documentation in the written warning should include:

(i) The time and date of the warning;

(ii) The specific violations or work performance problems that resulted in the written warning;

(iii) The date of the incident, if applicable;

(iv) The action to be taken to correct the problem(s); and

(v) The consequences of failure to correct the problem(s) and the consequences of additional violations of university or departmental rules or rules.

(c) Probation generally follows a written warning if an offense is not serious enough to warrant suspension or termination, or if prior progressive corrective action has not been successful.

(i) Probation shall not normally be greater than ninety calendar days.

(ii) Documentation of the probation shall include:

(a) The dates of the probationary period;

(b) The specific violations or work performance problems that resulted in the probation;

(c) The date of the incident, if applicable;

(d) The action to be taken to correct the problem(s); and

(e) The consequences of failure to correct the problem(s) and the consequences of additional violations of university or departmental rules or rules.

(iii) At any point during probation, if the employee is not improving or commits another offense(s), additional corrective action may be taken.

(iv) At the end of probation, a written statement should be completed by the appointing authority advising the employee of satisfactory performance and removal from probation or the need for additional corrective action.

(v) If paid leave is authorized for more than one week during probation, the probation will be adjusted by that length of time. No unpaid leave will be granted during a period of probation.

(d) Suspension is generally the next step in the corrective action process if an offense is not serious enough to warrant termination from employment, or if prior corrective action has not been successful. The corrective action of suspension may only be taken by the appointing authority.

(i) Suspension without pay is generally for a period of one to five working days. The length of suspension is typically dependent upon the nature and severity of the infraction or violation. Suspension without pay for three or more days requires that notification be sent to the state personnel board of review.

(ii) In cases of suspension required pending further investigation, the suspension may be of undetermined length depending upon the complexity of the case. In such cases, the suspension shall be termed an administrative leave and the administrative leave shall be with pay unless prohibited by law.

(iii) Documentation of the suspension shall include:

(a) The date(s) of suspension;

(b) The specific violations or work performance problems that resulted in the suspension;

(c) The date of the incident, if applicable;

(d) The consequences of failure to correct the problem(s) or additional violations of university or departmental rules or rules;

(e) Date, time and place of the pre-suspension meeting if the suspension is for more than three days;

(f) Consequences of failure to attend pre-suspension meeting.

(iv) Prior to suspension of three days or more, the appointing will schedule and hold a pre-suspension meeting. Human resources will notify the employee and the immediate supervisor and department head of the date, time and location. During the meeting, the immediate supervisor should be prepared to discuss the reasons and the basis for requesting corrective action. The employee will have an opportunity to explain and present evidence as to why the action should not be taken. If the situation warrants, the appointing authority may immediately suspend an employee, with or without pay pending the pre-suspension meeting.

(v) The appointing authority may conduct an investigation prior to the pre-suspension meeting if the appointing authority determines there is a need for, such an investigation.

(vi) After the pre-suspension meeting, the person who held the meeting will recommend appropriate action to the appointing authority. The appointing authority will notify the immediate supervisor and employee of the action to be taken.

(e) Termination is the final step in the corrective action process. In case of a serious offense, the university may proceed directly to termination.

(i) Prior to termination, the appointing authority will schedule and hold a pre-termination meeting. The appointing authority will notify the employee and the immediate supervisor and department head of the date, time and location of the meeting. During the meeting, the immediate supervisor should be prepared to discuss the reasons and the basis for requesting corrective action. The employee will have an opportunity to explain and present evidence as to why the action should not be taken.

(ii) The appointing authority may conduct an investigation prior to the pre-termination meeting if the appointing authority determines there is a need for such an investigation.

(iii) After the pre-termination meeting, the person who held the meeting will recommend appropriate action to the appointing authority. The appointing authority will notify the immediate supervisor and employee of the action to be taken.

(7) All corrective action memos shall be reviewed with the employee and signed by the immediate supervisor and employee. If the employee refuses to sign, this shall be noted in place of the employee's signature. Documentation of corrective action, shall be forwarded to human resources for retention in the employee's personnel record. A copy shall also be given to the employee.

(8) Appeals

Only classified civil service employees may appeal the following corrective actions to the state personnel board of review:

(a) Terminations, except during the initial probationary period and for conviction of a felony.

(b) Demotions, except during the promotional probationary period.

(c) Suspensions, greater than three days.

(9) Return of university property

Employee must return all university property on or before the last work day, or when commencing administrative leave, at a time determined by the immediate supervisor or human resources.

Replaces: 3349-8-37

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

3349-8-45 Layoff.

(A) Purpose

To establish a rule to govern situations in which a reduction in the classified civil service workforce is necessary.

(B) Scope

This rule applies to all classified civil service employees.

(C) Definitions

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

(2) "Abolishment of Position" is the elimination of a position for any of the following reasons: reorganization for the efficient operation of the university, economy, or lack of work which is expected to last more than one year.

(3) "Appointing Authority" refers to the director of human resources, or designee, based on the 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.

(4) "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.

(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) "Displacement" for purposes of this rule is the process by which an employee with more retention points exercises the right to take the position of another employee with fewer retention points. Displacement occurs on the date an employee is notified that another employee has exercised the right of displacement and that the employee with fewer retention points is to be displaced.

(8) "Economy" shall be determined at the time the appointing authority proposes to abolish the position. Reasons shall be based on the appointing authority's estimated amount of savings with respect to salary benefits and other matters associated with the abolishment of the position.

(9) "Employee(s)" for the purposes of this rule refers only to those employees in the classified civil service.

(10) "Equivalent or Lower Position" for purposes of displacement rights, is a position with an equivalent or same salary range or a position with a lower salary range within a job family.

(11) "Job Group" is a cluster of positions sufficiently similar with respect to duties, responsibilities, qualifications and salary ranges which appear within the same job family.

(12) "Job Family" is a cluster of positions with similar duties with varying levels of responsibility, authority, qualifications, and salary ranges.

(13) "Lack of Funds" is a current or projected deficiency of funding required to maintain a position that requires a reduction in current or projected staffing levels.

(14) "Lack of Work" is a current or projected decrease in the workload or work requirements of a position that requires a reduction in the current or projected work force.

(15) "Layoff" is a termination by the appointing authority from a position within the university's classified civil service ranks.

(16) "Reduction in Force" is a reduction in the number of employees at the university.

(17) "Salary Grade" is a level of the pay schedule assigned to each position.

(18) "Salary Range" is a continuum of salaries from minimum to maximum within each salary grade.

(19) "Senior Administration" are those individuals so designated by the president.

(D) Body of the rule

(1) Layoffs

(a) Employees may be laid off whenever a reduction in force is necessary due to a lack of funds, lack of work or the abolishment of positions.

(b) If a reduction in force is necessary, the appointing authority shall devise and carry out a plan that may include the layoff and displacement of employees or the abolishment of positions.

(2) Determination of lack of funds or lack of work

(a) The determination of a lack of funds or a lack of work shall be made by the senior administration. The appointing authority will be so informed by the president or designee.

(b) A statement of rationale and any supporting documentation shall be maintained by the appointing authority for a period of one year.

(3) Abolishment of positions in the classified service

(a) The determination to abolish positions shall be made by the senior administration. The appointing authority will be informed by the president or designee.

(b) A statement of rationale and any supporting documentation shall be maintained by the appointing authority for a period of one year.

(4) Determination of job families affected by a reduction in force

(a) Whenever a reduction in force is necessary due to lack of work or lack of funds, the senior administration shall determine the job family or job families in which the layoff or layoffs will occur, and the number of employees to be laid off within each job family.

(b) Whenever a reduction in force is necessary due to the abolishment of positions the senior administration shall determine the job family or job families in which positions will be eliminated.

(c) When the determination has been made, the appointing authority will be advised by the president or designee.

(5) Order of layoff of employees

(a) For purposes of this rule, the order of layoff of employees is as follows: part-time probationary, part-time permanent, full-time probationary and full-time permanent.

(b) Within these categories, the employee having the fewest retention points will be laid off first and continue to the employee with the most retention points. Retention point lists shall be complied in descending retention point order. In cases where two or more employees have identical retention points the tie shall be broken in accordance with this rule.

(6) Retention points, general

(a) The appointing authority shall compute the total retention points for each employee in the job family affected by a layoff due to lack of work, lack of funds or position abolishment.

(b) Retention points shall be calculated as of the ending date of the pay period in which the reduction in force will occur.

(c) Once the appointing authority has published the list of retention points, the appointing authority may not hire into or move employees into or out of affected job families by means of promotions, intra-transfers, voluntary demotions, position control number change, lateral or job family changes or reassignments.

(7) Computation of employee retention points

(a) Employees shall be assigned a base of one hundred retention points at the time of hire. Computation of retention points for continuous full-time service shall be made by crediting each employee with one retention point for each bi-weekly pay period of continuous service. For the purposes of calculating retention points, full-time service shall include service as a full-time permanent, or a full-time temporary employee. Service during the probationary period will be included for purposes of calculating retention points. For full-time temporary service, credit will be given only for those pay periods in which the employee was scheduled to work. If an employee is in a full-time position at any time during a pay period, they are considered full-time for the entire pay period.

(b) Retention points for continuous service for other than full-time service shall be calculated on the basis of one-half point for each bi-weekly pay period of continuous service. Service during the probationary period will be included for purposes of calculating retention points.

(c) Retention points computed for full-time continuous service and other than full-time continuous service, whenever applicable, shall be combined to determine an employee's total retention points. Overtime shall not be considered for purposes of computation of retention points for continuous service.

(d) In the event two or more employees have identical retention points as calculated by this rule, the tie shall be broken by the following method:

(i) Employees having most recent date of continuous service from which no break in service has occurred shall be laid off or displaced first;

(ii) If the tie remains unbroken, the appointing authority in consultation with the immediate supervisor, shall determine the employee to be laid off or displaced first after consideration of the entire employment record of both employees and the needs of the university.

(e) In the event an employee transferred to the university, the employee's length of continuous service will be deemed unbroken so long as no break in service occurs from one Ohio civil service employer to another.

(8) Notification of layoff or displacement

(a) Each employee to be laid off shall be given advance written notice by the appointing authority after the employee's retention points have been calculated and posted. Such written notice shall be hand-delivered to the employee at least fourteen days before the effective date of layoff or displacement and the day of hand-delivery shall be the first day of the fourteen day period. If the notice is to be mailed, it shall be by certified mail. Such notice shall be mailed at least seventeen days before the effective date of the layoff or displacement. The day the letter is mailed shall be the first day of the seventeen-day period.

(b) Each notice of layoff or displacement shall contain the following information:

(i) The reason for layoff or displacement;

(ii) The effective date of the layoff or displacement;

(iii) The employee's accumulated retention points;

(iv) The right of the employee to appeal a layoff or displacement to the state personnel board of review and that the appeal must be filed or postmarked within ten days after the employee is notified of the layoff or displacement;

(v) A statement advising the employee of the right to displace another employee with fewer retention points; and a statement that the employee has five days from the date of notification to exercise displacement rights or be laid off;

(vi) A statement advising the employee of the right to reinstatement or reemployment in accordance with this rule;

(vii) A statement that, upon request by the employee, the appointing authority will make available a copy of the layoff rule;

(viii) A statement that the employee is responsible for maintaining a current address with the appointing authority; and

(ix) A statement that the employee will receive compensation for accrued unused vacation leave and accrued but unused compensatory time, up to the maximum accrual amounts specified in those rules. This compensation will be paid at the time of the layoff.

(9) Displacement and appeal rights of employees

(a) Each employee laid off, or displaced as a result of a layoff, shall only have the right to displace another employee with the fewest retention points as specified in this rule.

(b) An employee who is to be laid off may exercise displacement rights under the provisions of this rule or be laid off. Displacement occurs on the date an employee is notified that another employee has exercised the right of displacement and that the employee with fewer retention points is to be displaced. A displaced employee may exercise the right to displace another employee if such right to displace exists. If the displaced employee does not have the right to displace another employee, then the displaced employee shall be laid off.

(c) Employees shall notify the appointing authority, in writing, of their intention to exercise their displacement rights within five days after receipt of notice of layoff or displacement.

(d) No employee shall displace an employee unless the employee possesses the requisite minimum qualifications or bona fide occupational qualifications for the position. These qualifications are established by the position description. The appointing authority shall be responsible for verifying the necessity of these qualifications.

(e) An employee exercising displacement rights, or an employee displaced as a result of a layoff or abolishment, shall be paid according to the salary range assigned to the position into which the employee displaced or was displaced. The employee shall be assigned a salary in the salary range assigned to the new position not exceeding the salary the employee was paid in the prior position. If the salary the employee was assigned in the prior position exceeds the highest salary in the salary range assigned to the new position, the employee will be assigned the maximum salary for the salary range of the new position.

(f) An employee may appeal a layoff, or a displacement which is the result of a layoff, to the state personnel board of review. Such an appeal must be filed or postmarked no later than ten days after the employee receives notice of the layoff or the date the employee is displaced. An employee shall be considered displaced the date the employee is notified by the university that another employee has exercised the right to displace the employee from the employee's position. An appeal may be made in accordance with the rules promulgated by the state personnel board of review.

(10) Laid-off employees and employees displaced as a result of a layoff who have the right to displace shall exercise their displacement rights in the following order:

(a) An employee who is to be laid off or displaced may fill an available vacancy, or if no vacancy exists, displace within their job family as set forth in this rule.

(b) An employee who is to be laid off or displaced may fill an available vacancy, or if no vacancy exists, displace the employee with the fewest retention points in the same and then successively lower job group in the job family. This process shall continue, if necessary, until the employee with the fewest retention points in the lowest job group of the job family has been reached and, if necessary, laid off.

(c) An employee who is to be laid off or who is displaced may fill an available vacancy, or if no vacancy exists, displace the employee with the fewest retention points in the job family the laid-off or displaced employee held immediately prior to their current job family, provided the job group is lower than or equivalent to the employee's current job group.

(i) A laid off or displaced employee may displace into a job family previously held if:

(a) The laid off or displaced employee held a position in the previous job family within the three years preceding the date an employee was laid off or displaced; and

(b) The laid off or displaced employee still meets the minimum qualifications or bona fide occupational qualifications of the previous job family; and

(c) The laid off or displaced employee has successfully completed the original probationary period.

(ii) If a position does not exist in that job family held by the employee immediately prior to the current job family, or if a laid off or displaced employee is prevented from displacing in a previously held job family because the employee does not meet the minimum qualifications or bona fide occupational qualifications of the previously held position, the employee may displace in the job family next previously held, and in successive previously held job families, subject to the provisions of this rule.

(iii) Notwithstanding the provisions of this rule, an employee shall not be required to accept a position with a lesser appointment type until the employee has had the opportunity to exercise displacement rights as provided in this rule.

(iv) If, after an employee has exercised displacement rights, the employee is to be laid off or displaced due to a subsequent layoff, the employee's displacement rights shall be in accordance with the job family from which the employee was first displaced; provided however, the employee has rights to reinstatement or reemployment in the previous job family. The employee's displacement rights from a previously held job family shall exist for a one-year period beginning with the date of the original layoff or displacement or until such time as the employee is removed from a layoff list.

(11) Reinstatement rights

The appointing authority shall prepare recall lists of the names and appointment types of the employees laid off. The recall lists shall be compiled by the job families in which the employees were laid off. The names shall be listed in descending retention point order in each appointment category. These lists shall be in reverse order of the order of layoff as established in this rule.

(a) The recall lists shall contain the employee's name, type of appointment, number of retention points, and date of commencement of continuous service. In cases of identical retention point ratings, the order of recall shall be the reverse order of the layoff. Any ties of retention points shall be broken in accordance with the procedure established in this rule.

(b) An employee's name shall remain on the appropriate recall list for a period of one year from the date the employee was first laid off or displaced from the original job family.

(c) Vacancies that occur in a job family for which a recall list exists must be accepted or declined in writing within ten days by the first person on the recall list for that job family before the next person on the recall list may be offered the position.

(d) If a position has specific minimum qualifications or bona fide occupational qualifications, the first person on the recall list who meets these qualifications, must accept or decline the position in writing within ten days before the next person on the recall list may be considered for reinstatement.

(e) Employees on the recall list shall be offered a position in a job family or job group with the same or lower salary range assignment or appointment category than that of the job group or job family from which the employee was laid off or displaced.

(f) A laid off or displaced employee who chooses not to exercise the option to displace shall only be entitled to reinstatement to the job group from which the employee was laid off or displaced.

(g) If the appointing authority has any employee on a recall list, the appointing authority shall only hire, or promote into the job family or the job group subject to the recall list.

(h) Any employee reinstated under this rule shall not serve a new probationary period when reinstated; except, any employee laid off or displaced while serving an original or promotional probationary period shall begin a new probationary period upon reinstatement.

(12) Notification of reinstatement or reemployment

(a) Each employee recalled from layoff shall be notified of the offer of reinstatement by certified letter.

(i) The notice of reinstatement shall contain a statement that refusal of reinstatement shall result in removal of such person's name from the appointing authority's recall list in accordance with this rule.

(ii) For vacancies with specific minimum qualifications or bona fide occupational qualifications, the notice of reinstatement shall contain a statement that these qualifications exist. The notice shall also state that failure to meet these qualifications will result in disqualification for that vacancy, and the person's name will remain on the recall list.

(b) Each recalled employee shall be allowed ten days from the date of receipt of the letter to return to work, and such time limit shall be included in the employee in the notification of recall letter.

(i) In the event of extenuating circumstances (including, but not limited to illness, injury, or absence from city or state) preventing the employee from returning within the above time limit, the employee shall be granted a reasonable extension, not to exceed sixty days to report for work.

(ii) In the absence of extenuating circumstances, an employee not accepting reinstatement within ten days shall be deemed to have declined reinstatement and the employee's name shall be removed from consideration for reinstatement in accordance with this rule.

(c) The employee is responsible for keeping a current address and phone number on file with the appointing authority.

(13) Removal from recall list

(a) Any employee accepting or declining reinstatement to the same job family and appointment type from which the layoff or displacement initially occurred shall be removed from the reinstatement and recall list. Any employee declining reinstatement to a different appointment category than that from which the employee was laid off or displaced or declining reinstatement for reasons of hardship, as approved by the appointing authority, shall not be removed from the recall list as set forth in this rule.

(b) Any employee declining reinstatement to a position with a salary range lower than the job group from which the layoff initially occurred shall not be removed from the appointing authority recall list, however such employee shall thereafter only be offered reinstatement to a job group with a salary range higher than the position declined, up to and including the job group from which the employee was laid off.

(c) If not otherwise removed, the name of any laid off employee shall be removed from the appointing authority's recall list one calendar year after the employee was first laid off or displaced from the original job family. In the event any displaced employee is subsequently laid off, such employee's name shall be removed from the recall list one calendar year after the subsequent layoff.

(14) Inspection of layoff lists

(a) On the date of any layoff, the appointing authority shall post for inspection in a conspicuous and public place accessible to affected employees a list containing the name, continuous service date, type of appointment, job family, and number of retention points of all employees in that job group and lower job groups in the job family. The list will be posted for a period of ten days.

(b) The appointing authority's layoff list and copies of the rule regarding layoff shall, upon request, be made available for inspection and copying by anyone during normal working hours. A reasonable charge for reproduction may be made.

(15) Layoff of employees on sick leave, leave without pay, or receiving disability leave benefits.

(a) Employees who are on sick leave at the time a layoff is effective shall be subject to layoff, under the provisions of this rule. The effective date of layoff or displacement of an employee may not be extended on the basis that an employee is on sick leave or fmla leave.

(b) An employee who is on a leave of absence without pay at the time a layoff is effective shall be subject to layoff under the provisions of this rule. The effective date of a layoff or of displacement for an employee may not be extended on the basis that an employee is on a leave of absence without pay.

(c) An employee who is receiving disability leave benefits under the provisions of the university's disability leave rule at the time a layoff is effective shall be subject to layoff under the provisions of this rule. An employee who is to be laid off while receiving disability leave benefits shall continue to receive disability leave benefits until the period of disability is over and the employee would otherwise be able to return to work. The receipt of disability leave benefits shall be subject to the provisions of the university's rule on disability leave.

(16) Cash conversion of accrued leave at layoff, and restoration of leave credit

(a) Any employee who has accumulated but unused balances of vacation leave and compensatory time at the time of layoff shall have such balances converted to a cash benefit according to the following:

(i) Any accumulated but unused balances of compensatory time shall be converted to a cash payment at the time an employee is laid off; and

(ii) any accumulated unused balance of vacation leave up to the maximum amount specified in the university's rule shall be converted to a cash payment at the time an employee is laid off.

(b) Employee's leave balances may only be reinstated if the employee's layoff is disaffirmed by the state personnel board of review and the employee submits a reimbursement for the entire amount of the leave balance previously converted.

Replaces: 3349-8-45

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

3349-8-050 Leave of absence without pay.

(A) Purpose

To establish a rule for granting leaves of absence that complies with the federal and Ohio law.

(B) Scope

This rule applies to all administrative staff.

(C) Definitions

(1) "Appointing Authority" is the person who has the power to appoint or remove an employee from a given position. For purposes of this rule, the appointing authority is the division director.

(2) "Division Director" is the administrative head of a major organizational unit of the university as designated by the president.

(3) Leave of absence without pay" refers to a temporary separation from active pay status, authorized by the appointing authority during which no compensation from the university is paid.

(4) "Licensed Practitioner" means a person who is licensed to practice medicine, surgery, or psychology.

(D) Rule statement

(1) All leaves of absence without pay must be requested in writing. The request shall be submitted to the employee's immediate supervisor and the director of human resources. The request shall state the reasons for the leave absence and the dates for such leave. The appointing authority in consultation with the director of human resources, with the approval of the immediate supervisor may grant or deny the request in writing.

(a) Leaves of absences without pay may be granted for a maximum of six months.

(b) If a leave is not used for the purpose(s) for which it was granted, the director of human resources may cancel the leave and direct the employee, in writing, to report for work.

(c) An employee, who fails to return to work within three working days of the completion of a leave of absence without pay, or a cancellation of a leave of absence without pay, without explanation to the director of human resources and the immediate supervisor, may be terminated. An employee who fails to return to work from a leave of absence without pay and is subsequently terminated is deemed to have a termination date corresponding to the starting date of the leave of absence without pay. Such a termination is a termination for just cause and requires no notice under the university rule on appointment and termination.

(2) Employees do not accrue vacation leave, sick leave nor do they receive holiday leave pay or winter break leave pay during the period of leave. They are also not eligible to receive annual increases, unless approved by the division director after consultation with the director of human resources. Such approval must be in writing.

(3) This rule governs leave without pay other than leave granted under The Family and Medical Leave Act of 1993, 29 U.S.C. 2601 (FMLA).

Replaces: 3349-8-50

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

3349-8-052 Involuntary disability separation.

(A) Purpose

To establish a rule for involuntary disability separation.

(B) Scope

This rule applies to all classified civil service employees.

(C) Definitions

(1) Active work status (see definition on separate sheet).

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

(3) "Involuntary Disability Separation" is a severance of the employment relationship by the university when an employee is unable to perform the essential job duties of the employee assigned position due to a disabling illness, injury or condition.

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

(5) "Active Pay Status" for purposes of this rule includes regular hours worked, vacation leave, sick leave, personal leave, legal holiday leave, winter break leave, and civic duty leave. For purposes of this rule only, active pay status does not include hours worked during a transitional work program.

(D) Rule statement

(1) An involuntary disability separation occurs when the appointing authority has received substantial credible medical evidence of the employee's inability to perform the essential job duties of the employee's assigned position.

(2) The appointing authority may require an employee submit to a medical or psychological examination, conducted in accordance with this rule prior to the involuntary disability separation unless:

(a) The employee is hospitalized at the time such action is taken,

(b) The employee has exhausted available disability leave benefits, or

(c) Substantial credible medical evidence already exists that documents the employee's inability to perform the essential job duties.

(3) The appointing authority shall conduct a hearing prior to an involuntarily disability separation. The employee shall be provided with written notice at least seventy-two hours in advance of the hearing. If the employee does not waive the right to the hearing, the employee has the right to examine the appointing authority's evidence of inability to perform essential job duties, to rebut that evidence, and to present testimony and evidence on the employee's own behalf.

(4) If the appointing authority determines, after weighing the testimony presented and evidence admitted at the hearing, that the employee is capable of performing the essential job duties, then the involuntary disability separation process shall cease and the employee shall be considered fit to perform their essential job duties. If the appointing authority determines, after weighing the testimony and evidence that the employee is unable to perform their essential job duties, then the appointing authority shall issue an involuntary disability separation order.

(5) Medical or psychological examination:

(a) The appointing authority may require that an employee submit to medical or psychological examinations for purposes of disability separation or a reinstatement from disability separation. The appointing authority shall select one or more licensed practitioners to conduct the examinations.

(b) Prior to any examination, the appointing authority will supply the licensed practitioner with facts relating to the alleged disabling illness, injury or condition. The appointing authority will also supply physical and mental requirements of the employee's position, duty statements, job classification specifications, and position descriptions.

(c) Both the appointing authority and the employee shall receive the results of any examination and related documents unless a physician, psychiatrist, or psychologist determines for the university that the disclosure of the information is likely to have an adverse effect on the employee, in which case the information shall be released to a physician, psychiatrist, or psychologist who is designated by the employee or by the employee's legal guardian.

(d) Except as provided in paragraph five of this rule, the appointing authority shall pay the cost of the examinations.

(e) An employee's refusal to submit to an examination, the unexcused failure to appear for an examination, or the refusal to release the results of the examination amounts to insubordination, punishable by the imposition of discipline up to and including removal. An employee will be responsible for the costs associated with an unexcused failure to appear at a scheduled examination.

(6) Right to reinstatement:

(a) At the time the appointing authority provides the involuntary disability separation order to the employee, the appointing authority shall notify the employee of the procedures required to apply for reinstatement. The effective date of separation, for purposes of reinstatement, shall be the date the employee was no longer performing in active work status due to the disabling illness, injury or condition. An employee who has been involuntarily disability separated is not prohibited from applying for disability leave benefits.

(b) An employee may be reinstated if the total time of absence due to the disability illness, injury or condition does not exceed two years from the date of separation.

(c) If an employee attempts to return to work but fails to perform the essential job duties for six consecutive months, the employee's effective date of separation does not change unless a subsequent related disability that occurs while the employee is participating in an authorized work program will be considered the same disability. Benefits may be payable from the first day of the subsequent disability if the employee remains disabled and off work for at least fourteen consecutive calendar days. The rate of payment for a related disability will be based on the rate of the original disability claim.

(7) Right to appeal:

An employee who is involuntary disability separated shall have the right to appeal in writing to the personnel board of review within ten days following the date the order is served.

Replaces: 3349-8-52

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

3349-8-055 Paid organ donation leave.

(A) Purpose

To establish a rule governing leave for the purpose of organ donation.

(B) Scope

This rule applies to all full-time faculty, administrative staff, unclassified hourly employees and classified civil service employees of the university. Part-time, seasonal, temporary and on-call workers are not eligible.

(C) Definitions

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

(2) "Organ Donation Leave" is leave with pay as set forth herein.

(D) Rule statement

(1) Eligibility

(a) Any full-time employee who donates an adult kidney or any portion of an adult liver shall receive up to two hundred forty hours of leave with pay during each calendar year. These hours will be paid at the employee's regular rate of pay for regularly scheduled work hours that the employee is medically unable to work.

(b) Any full-time employee who donates adult bone marrow will receive up to fifty-six hours leave with pay each calendar year. These hours will be paid at the employee's regular rate of pay for regularly scheduled work hours that the employee is medically unable to work.

(2) Use

(a) Organ donation leave should be exhausted prior to using any sick leave or vacation leave.

(b) Organ donation leave will run concurrently with other university leave programs, including but not limited to family medical leave.

Replaces: 3349-8-55

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

3349-8-60 Outside employment.

(A) Purpose

To establish a rule for classified civil service employees of the university regarding work outside of the university.

(B) Scope

This rule applies to all classified civil service employees.

(C) Definitions

(1) "Conflicts of Interest" occur when a university employee has a private or personal interest or other external commitment, which may appear to an independent observer to be sufficient to influence the objective exercise of the employee's professional obligations or official duties.

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

(3) "Outside Work" refers to paid or unpaid work performed or services provided by an employee outside their university responsibilities. The work or services may be performed by the employee as an individual, or through a business owned by the employee or in the service of a secondary employer. It includes undertaking the role of director of a company or incorporated society.

(D) Rule statement

Classified civil service employees are required to devote their time during normal working hours to furthering the university's mission. However, they may accept teaching, research, volunteer and other work assignments beyond their university obligations as long as these additional obligations do not occur during the employee's normal working hours. Activities occurring outside normal working hours do not require supervisor approval and no reporting is required. Activities occurring within normal working hours require written authorization by the immediate supervisor, in consultation with human resources. If authorization is given for such time, the employee will be required to use accrued vacation time and/or leave without pay.

Classified civil service employees shall not engage in any activities or outside employment that may result in a conflict of interest. Furthermore, classified civil service employees may not use their university position to obtain anything of value, including but not limited to, financial gain.

Replaces: 3349-8-60

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

3349-8-65 Overtime compensation and compensatory time.

(A) Purpose

To establish a rule regarding overtime and compensatory time.

(B) Scope

This rule applies to all unclassified hourly employees and classified civil service employees.

(C) Definitions

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

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

When calculating overtime for a work week which includes a legal holiday, the automatic eight hours of holiday pay is considered as time in active pay status regardless of whether or not the employee worked on such day. Time actually worked on such day is not considered time in active pay status for overtime calculations because separate compensation is already paid.

(3) "Flexible Scheduling" is variance from the normal work hours defined herein to accommodate the needs of the university.

(4) "Legal Holiday Leave" is a day so designated by the state of Ohio and approved by the board of trustees.

(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. Unclassified hourly employees and classified civil service employees who work at least five hours in a day are required to take a meal break of at least one half hour and not more than one hour. Meal breaks are scheduled by the supervisor to meet business requirements. Meal breaks are generally unpaid. However, employees who are required to work or remain at their stations during meal break will be paid for this time.

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

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

(D) Rule statement

(1) Administrative staff and faculty are exempt from overtime and compensatory time compensation.

(2) The immediate supervisor may use flexible scheduling to vary normal working hours when possible to maintain a forty hour work week.

(3) The earning of compensatory time and overtime must be approved in advance by the immediate supervisor.

(4) If approved in advance by the immediate supervisor, an employee is eligible for overtime compensation or compensatory time when the employee is in active pay status for more than forty hours in a work week.

(5) Overtime compensation is calculated by multiplying the number of active pay status hours over forty in the work week, times one and one half the employee's regular rate of pay at the time earned. The employee may elect to take compensatory time earned in lieu of overtime pay. Compensatory time is calculated by multiplying the number of active pay status hours over forty in the work week, times one and one half.

(6) Compensatory time is not available for use until it appears on the employee's earnings statement and the compensatory time described in the earnings statement is available to the employee.

(7) An employee may accrue compensatory time to a maximum of two hundred forty hours. Once the maximum amount of compensatory time has been accrued, overtime compensation will be paid.

(8) All compensatory time must be used before an employee is granted a leave of absence without pay, except as otherwise permitted under state or federal law.

(9) When an employee who is eligible for overtime compensation is required to work during legal holiday leave, the employee shall be entitled to compensation for such hours worked on site at one and one half times the employee's regular rate of pay in addition to legal holiday leave compensation.

(10) Campus closing

(a) 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.

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

(11) 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.

(12) Winter break leave

(a) Winter break is designated at the discretion of the president. The university is officially open in order to assure the performance of time sensitive or essential functions.

(b) Only employees who have the prior approval of their immediate supervisor to work during winter break leave will be eligible to receive overtime compensation.

(c) 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.

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

Replaces: 3349-8-65

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

3349-8-70 Political activity.

(A) Purpose

To establish a rule that will eliminate inappropriate conflicts between the obligations of employment and certain political activities of classified civil service employees.

(B) Scope

This rule applies to all classified civil service employees at the university.

(C) Definitions

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

(2) "Political Activity" and "Politics" are partisan activities, campaigns, and elections involving primaries, partisan ballots, or partisan candidates.

(D) Rule statement

(1) Employees in the classified service are prohibited from engaging in political activity.

(2) The following are examples of permissible activities for university employees:

(a) Registration and voting;

(b) Expression of opinions, either oral or written;

(c) Voluntary financial contributions to political candidates or organizations;

(d) Circulation of nonpartisan petitions or petitions stating views on legislation;

(e) Attendance at political rallies;

(f) Signing nominating petitions in support of individuals;

(g) Display of political materials in the employee's home or on the employee's property;

(h) Wearing political badges or buttons, or the display of political stickers on private vehicles; and

(i) Serving as a precinct election official under section 3501.22 of the Revised Code.

(3) The following activities are prohibited to employees:

(a) Candidacy for public office in a partisan election;

(b) Candidacy for public office in a nonpartisan general election if the nomination to candidacy was obtained in a partisan primary or through the circulation of nominating petitions identified with a political party;

(c) Filing of petitions meeting statutory requirements for partisan candidacy to elective office;

(d) Circulation of official nominating petitions for any candidate participating in a partisan election;

(e) Service in an elected or appointed office in any partisan political organization;

(f) Acceptance of a party-sponsored appointment to any office normally filled by partisan election;

(g) Campaigning by writing for publications, by distributing political material, or by writing or making speeches on behalf of a candidate for partisan elective office, when such activities are directed toward party success;

(h) Solicitation, either directly or indirectly, of any assessment, contribution or subscription, either monetary or in-kind, for any political party or political candidate;

(i) Solicitation of the sale, or actual sale, of political party tickets;

(j) Partisan activities at the election polls, such as solicitation of votes for other than nonpartisan candidates and nonpartisan issues;

(k) Service as, witness or challenger, for any party or partisan committee;

(l) Participation in political caucuses of a partisan nature; and

(m) Participation in a political action committee which supports partisan activity.

(4) Employees in the classified civil service who engage in any of the prohibited activities set forth in paragraph (D)(3) of this rule are subject to removal from their position in the classified civil service. The appointing authority will initiate an investigation in case of a violation and take action if appropriate.

(5) Service in an appointed or elected position is prohibited when such position is subordinate to or in any way a check upon a position concurrently occupied by a classified or unclassified employee, or when it is physically impossible for one person to discharge the duties of both positions, or if some specific constitutional or statutory bar exists prohibiting a person from serving both positions.

Replaces: 3349-8-70

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

3349-8-75 Probationary periods for classified civil service employees.

(A) Purpose

To establish a rule for a probationary period for all classified civil service employees during the initial period of employment.

(B) Scope

This rule applies to all classified civil service employees.

(C) Definitions

(1) A "Classified Civil Service Employee" is an hourly employee, subject to appointment, removal, promotion, transfer or reduction by the appointing authority.

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

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

(4) A "Permanent Employee" is an unclassified hourly employee or classified civil service employee who has successfully completed an initial probationary period.

(5) A "Probationary Period" is a period of time at the beginning of an original appointment, or immediately following a promotion or transfer, which constitutes a trial period for the employee.

(D) Body of the rule

(1) Each classified civil service employee must serve a probationary period following any original appointment, promotion or transfer. Classified civil service employees whose services are found unsatisfactory may be removed at any time during the probationary period. whenever an employee is given a probationary removal, a written statement of the reasons for such action, signed by the appointing authority, showing the respects in which the employee's service was not satisfactory, shall be given to the employee.

(2) The probationary period shall be one hundred twenty calendar days. After successful completion of the probationary period, the employee will be considered certified to the Ohio civil service.

(3) Time spent in no-pay status shall not be counted as part of the probationary period. Probationary periods shall be extended by an equal number of days the employee spent in no-pay status.

(4) The appointing authority may, with the approval of the immediate supervisor, extend an employee's probationary period for up to sixty days to allow additional time to review the employee's performance.

(5) Part-time employees who work a portion of each normal working day shall have their probationary period determined by the number of calendar days following appointment in the same manner as full-time employees. Employees who work an irregular schedule or who work less than the normal number of working days per week must work seven hundred hours, which is the equivalent of a one hundred twenty day probationary period.

(6) Probationary employees are not eligible to use accrued paid leave or compensatory time until the successful completion of the probationary period.

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

3349-8-80 Promotions.

(A) Purpose

The purpose of this rule is to establish a uniform rule on the promotion of classified civil service employees.

(B) Scope

This rule applies to all classified civil service employees.

(C) Definitions

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

(D) Rule statement

(1) If a position vacancy exists within the classified civil service ranks of the university, and the position does not require eligible applicants to take a competitive examination, the appointing authority for the classified civil service employees at the university may, upon the recommendation of the immediate supervisor, nominate an eligible employee for promotion.

(2) In cases of promotion without competition, the appointing authority shall require a written statement from the immediate supervisor showing:

(a) That such employee is entitled to promotion by reason of conduct and effective performance in his or her current position;

(b) That such employee possesses the appropriate qualifications to be promoted to the higher position;

(c) That such employee is not currently serving a probationary period and no eligibility list exists for the classification of the vacant position.

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

3349-8-85 Removals, suspensions, and reductions.

(A) Purpose

The purpose of this rule is to establish rules regarding removal, suspensions and reductions of classified civil service employees.

(B) Scope

This rule applies to all classified civil service employees.

(C) Definitions

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

(2) "Absent Without Leave" refers to any classified civil service employee who is absent from duty habitually or for three or more successive duty days, without leave and without notice to the employee's immediate supervisor.

(3) "Step Reduction" means reducing an employee one step in the applicable pay table for purposes of calculating the employee's compensation.

(D) Rule statement

(1) If a classified civil service employee will be subject to removal, reduction in pay or position, suspension of twenty-four or more work hours made for one or more of the statutory reasons enumerated in section 124.34 of the Revised Code, the employee shall be notified in writing, on a form provided by the director of administrative services or an equivalent form.

(a) The form shall state the statutory reason(s) for the action, and the effective date thereof;

(b) This form shall advise the employee of the right to appeal; and

(c) Any such appeal shall be made in accordance with the rules of the state personnel board of review.

(2) At the appointing authority's discretion, an employee may receive a step reduction as a form of progressive discipline. This form of discipline shall only be imposed as an alternative to termination.

(3) Any classified civil service employee who is absent without leave may be subject to removal for neglect of duty.

(4) A voluntary written agreement by a classified civil service employee to a demotion or reduction shall be considered a satisfactory basis for such action in the absence of evidence to the contrary. The salary of an employee following demotion shall be fixed by the appointing authority at an equitable rate, not to exceed the rate of pay prior to the demotion.

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

3349-8-86 Right to reinstatement rights of appeal for disability separations.

(A) Purpose

To establish a rule for reinstatement or appeals for disability separations.

(B) Scope

This rule applies to classified civil service employees at the university.

(C) Definitions

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

(2) "Active Work Status" means the conditions under which an employee is actually in a work status and eligible to receive pay but does not include vacation pay, sick leave, bereavement leave, compensatory time, holidays, personal leave, disability leave and winter break leave. For purposes of this rule only, "active work status" does not include those hours worked during a transitional work program or in a temporary part-time position.

(D) Rule statement

(1) An employee may make a written request to the appointing authority for reinstatement from a disability separation. An employee may not make a first request for reinstatement until three months from the date the employee was no longer in active work status. The appointing authority shall notify the employee of its decision to approve or deny the reinstatement request no later than sixty days after it receives the employee's written request. The employee shall not make subsequent requests for reinstatement more than once every three months from the date the employee is notified of a reinstatement denial. An employee is not eligible for reinstatement if the request occurs later than two years from the date that the employee was no longer in active work status due to the disabling illness, injury, or condition.

(2) The employee's request for reinstatement shall be accompanied by substantial, credible medical evidence that the employee is once again capable of performing the employee's essential job duties. The appointing authority shall either reinstate the employee or require the employee to submit to a medical or psychological examination in accordance with the university's involuntary disability separation rule in accordance with the time frame established herein.

(3) The appointing authority will review the substantial credible medical evidence submitted by the employee or the results of a medical or psychological examination conducted in accordance with the university's involuntary disability separation rule and make an initial determination of whether or not the employee is capable of performing the essential duties of the employee's position. If the appointing authority initially determines that the employee is once again capable of performing the essential job duties, the appointing authority shall reinstate the employee. If the appointing authority initially determines that the employee remains incapable of performing the essential job duties, the appointing authority shall institute a pre-reinstatement hearing.

(4) An employee shall be provided written notice at least seventy-two hours in advance of the pre-reinstatement hearing. If the employee does not waive the right to a hearing, then at the hearing the employee has a right to examine the appointing authority's evidence, to rebut that evidence, and to present testimony and evidence.

(5) The appointing authority will weigh the testimony and evidence admitted at the pre-reinstatement hearing to determine whether the employee is able to perform the essential job duties of the employee's assigned position. If the appointing authority finds the employee capable of performing essential duties, then the appointing authority shall reinstate the employee. If the appointing authority finds the employee incapable of performing essential duties, then the appointing authority shall not reinstate the employee.

(6) If the appointing authority determines that an employee, who has been disability separated, has committed an act that is inconsistent with the employee's disabling illness, injury or condition, then that act may be considered by the appointing authority when determining an employee's eligibility for reinstatement.

(7) Once the appointing authority determines that the employee is to be reinstated, then the employee has a right to be assigned to a position in the classification the employee held at the time of disability separation. If the classification the employee held at the time of disability separation no longer exists or is no longer utilized by the appointing authority, then the employee shall be placed in a similar classification. If no similar classification exists, or the employee no longer meets the minimum qualifications, the employee may be laid off in accordance with the university's layoff rule.

(8) If the employee has been granted disability benefits by a state retirement system, the requirements of this rule shall apply for up to five years, except that a licensed practitioner shall be appointed by the public employees retirement board and application for reinstatement shall not be filed after the date of service eligibility retirement. The appointing authority shall restore an employee found to be physically and mentally capable of resuming service, but may request the employee to submit to a medical or psychological examination, conducted in accordance with the university's involuntary disability separation rule, prior to such restoration.

(9) An employee refused reinstatement as provided in paragraph five of this rule shall be notified in writing of the refusal to reinstate and of the right to appeal in writing to the personnel board of review within thirty days of receiving notice of that refusal to reinstate.

(10) An employee who fails to apply for reinstatement within two years from the date that the employee was no longer in active work status due to the disabling illness, injury, or condition shall be deemed permanently separated from service.

Replaces: 3349-8-86

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

3349-8-95 Sick, personal and bereavement leave.

(A) Purpose

To establish a rule for sick leave and personal leave that complies with the Ohio law as it pertains to unclassified hourly employees and classified civil service employees.

(B) Scope

This rule applies to unclassified hourly employees and classified civil service employees at the institution.

(C) Definitions

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

(2) "Immediate Family" means an employee's spouse, parents, children, grandparents, siblings, grandchildren, sister-in-law, brother-in-law, mother-in-law, father-in-law, daughter-in-law, son-in-law, step-parents, step-children, step-siblings, 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.

(4) "Personal Leave" refers to paid leave that may be used for any purpose with the prior approval of the immediate supervisor.

(D) Policy statement

(1) Employees shall earn sick leave credit at the rate of four and six-tenths hours for each eighty hours of completed service. Sick leave credit shall be prorated to the hours of completed service in each pay period.

(2) Sick leave used by an employee shall be charged in minimum units of an hour. Employees shall be charged sick leave only for the days and hours for which they would have otherwise been regularly scheduled to work. Sick leave shall not exceed the amount of time an employee would have been regularly scheduled to work in any pay period.

(3) An employee who is unable to report for work, and who is not on a previously approved day of vacation leave, sick leave, compensatory time, leave of absence, or other approved leave shall be responsible for notifying the employee's immediate supervisor. 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.

(4) In the case of a condition exceeding 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 shall be required.

(5) The use of sick leave

(a) With the approval of an employee's immediate supervisor, sick leave may be used by an employee only for the following reasons:

(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 policy of the institution.

(b) Each appointing authority may require an employee to furnish a satisfactory written, signed statement to justify the use of sick leave. If professional attention is required by the employee or member of the employee's immediate family, a certificate, from a licensed practitioner, stating the nature of the condition may be required by the appointing authority to justify the use of sick leave. Falsification of information in the time record or on any other written statement or certification regarding sick time use shall be grounds for disciplinary action up to and including dismissal.

(6) An employee who fails to comply with this policy shall not be allowed to use sick leave for time absent from work under such non-compliance. Application for use of sick leave with the intent to defraud shall be grounds for disciplinary action which may include dismissal. The appointing authority may require an employee to furnish a satisfactory written signed statement to justify the use of sick leave.

(7) If any disabling illness or injury continues past the time for which an employee has accumulated sick leave, the appointing authority may authorize a leave of absence without pay in accordance that policy or if the employee is eligible, recommend disability leave benefits in accordance with that rule.

(8) Personal leave

(a) Each employee who upon completion of one year of employment has accumulated at least eighty hours of sick leave, may convert earned but unused sick leave to personal leave according to the following schedule:

(i) After one year of service, if an employee has between eighty and two hundred thirty-nine hours of sick leave accrued, the employee may convert eight hours of sick leave to personal leave.

(ii) After two years of service, if an employee has between two hundred forty hours and four hundred seventy-nine hours of sick leave accrued, the employee may convert twelve hours of personal leave.

(iii) After five years of service, if an employee has four hundred eighty hours of sick leave accrued or more, the employee may convert sixteen hours of sick leave to personal leave.

(b) Personal leave must be used in blocks of at least four hours. Personal leave may not be used to extend an employee's date of resignation or date of retirement, vacation leave.

(c) Request for use of personal leave must be made by the employee and approved in advance by the immediate supervisor.

(d) Personal leave cannot be carried over from year to year.

(9) Transfer of sick leave credits

(a) An employee who transfers from one Ohio public agency to another, shall be credited with the unused balance of the accumulated sick leave credit up to the maximum sick leave accumulation permitted in the public agency to which the employee transfers.

(b) An employee who is rehired within ten years of the employee's separation from state of Ohio service shall be credited with any sick leave that has not been converted to cash and shall be prohibited from further conversion until separation from state service.

(c) If an employee fails to notify the appointing authority of the employee's desire to restore sick leave and the leave is then converted to cash, the employee waives the ability to restore the accrued and unused leave credit.

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

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

Replaces: 3349-8-95

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

3349-8-100 Voluntary disability separation.

(A) Purpose

To establish a rule for granting voluntary disability separation for classified civil service employees.

(B) Scope

This rule applies to classified civil service employees.

(C) Definitions

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

(2) "Voluntary Disability Separation" is a severance of employment when an employee is unable to perform the essential job duties of the position due to a disabling illness, injury or condition. A voluntary disability separation occurs when an employee does not dispute the inability to perform the essential job duties of the position due to a disabling illness, injury or condition.

(3) "Active Work Status" means the conditions under which an employee is actually in a work status and is eligible to receive pay but does not include vacation pay, sick leave, bereavement leave compensatory time, holiday leave, personal leave and disability leave.

(D) Rule statement

(1) The appointing authority may grant an employee's request for voluntary disability separation or may require the employee to submit to a medical or psychological examination. If the examination supports the employee's request, the appointing authority shall grant the employee's request for voluntary disability separation. If the medical examination does not support the employee's request, the appointing authority shall not approve the employee's request for voluntary disability separation.

(2) An employee who is granted a voluntary disability separation waives the right to a pre-separation hearing and to an appeal to the state personnel board of review.

(3) Employees who are granted a voluntary disability separation shall retain the right to be reinstated to their position for two years from the date that the employee is no longer in active work status due to a disabling illness, injury or condition. An employee may submit a written request for reinstatement from a voluntary disability separation in accordance with the procedure established by the university.

(4) For purposes of this rule only, "active work status" does not include those hours worked during a period of light duty accommodation or return to work in a reduced schedule.

Replaces: 3349-8-100

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