Chapter 3358:11-5 Employee Policies

3358:11-5-01 Salary administration program policy.

(A) Purpose. It is the objective of Owens community college to establish and maintain salary levels which reflect position responsibilities; are competitive with other employers in the same employment market; are capable of attracting, retaining, and motivating competent employees; and are within the budgetary resources of the college.

(B) Responsibility for the salary administration program.

(1) The board of trustees of Owens community college approves the salary administration program and reviews and approves the president's recommendations regarding all salaries and salary adjustments.

(2) The president will determine which positions are covered by this program and will recommend to the board of trustees salaries for new employees and salary adjustments for current employees.

(3) The vice president for human resources administers the program.

(C) Salary ranges.

(1) The president will establish salary range guidelines which reflect current competitive rates of pay each year in the relevant employment market and which are compatible with the budgetary resources of the college.

(2) Contract length effect. In order to compensate for different lengths of work years, the salary grade rate ranges may be modified to consider the number of days actually worked. Yearly contracts will be computed to a number of hours; therefore, a twelve-month contract will be considered as two thousand eighty hours, which includes vacations and paid holidays. Schedules for lesser work periods include paid holidays but do not include paid vacation. As a result, the following will be applied to the full-year schedule.

Contract Length

No. of Hours

12.0 months ( 260 days) =

2,080

11.0 months (220 days) =

1,760

10.5 months (210 days) =

1,680

10.0 months (200 days) =

1,600

9.5 months (190 days) =

1,520

9.0 months (180 days) =

1,440

(3) Salary range revision.

(a) The salary ranges may be adjusted annually if competitive data indicates the general salary line has shifted. The salary structure as a whole may be revised, rather than individual salary ranges, to preserve internal relationships of positions.

(b) Adjustments to the salary structure will not be passed on to the employees in the form of a general increase unless specifically authorized by the president and the board of trustees.

(D) Merit-based reviews and adjustments.

(1) All merit-based adjustments will be related to job performance. Employee salaries will be reviewed and adjusted periodically to ensure that each employee's salary reflects his/her contribution to the progress and viability of the college and is within the budgetary resources of the institution.

(2) Pay adjustments.

(a) Individual performance is the only basis for a merit increase. Length of service or time spent in a position does not, by itself, justify an increase. Employees who fail to meet expectations or whose performance or attitude is unacceptable are not eligible for merit increases.

(b) The primary advantages of the merit plan are:

(i) The higher performing employee receives a greater percentage increase than a lower performing employee.

(ii) The salary can be moved to a proper relationship with other employees based on performance.

(iii) Salary range increases are considered in the merit calculation in a systematic manner.

(c) In no event shall an employee receive a pay increase which places that employee's calculated hourly rate above the maximum rate of their range. The budgeted amounts of annual increases shall be determined in consideration of available funds for such purposes as determined by the president.

Replaces: 3358:11-5-01

Effective: 12/20/2008
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-5-02 Contracts/salary notices policy.

(A) Salaried exempt employees.

(1) A contract is an agreement entered into between the board of trustees of Owens community college and full-time non-bargaining unit salaried exempt employees. All contracts are "limited," i.e., have a termination date.

(2) The contract is issued after the board, upon recommendation of the president, approves the contract.

(B) Non-exempt employees. Salary notices are issued to non-bargaining unit non-exempt staff as a confirmation of hourly wage. The salary notice is issued after the board, upon recommendation of the president, approves the salary notice. A salary notice is a communications device and does not imply any contractual arrangement.

(C) Salary adjustments. Salary adjustments are normally made on an annual basis. Salary adjustments are subject to the sufficiency of funds and official action of the board.

(D) Implementation. The vice president of human resources will implement procedures consistent with this rule.

Replaces: 3358:11-5-02

Effective: 12/20/2008
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-5-03 Payroll policy.

(A) Purpose. Owens community college employees will be paid on a biweekly basis.

(B) Timesheets. Non-exempt staff are paid on the basis of a biweekly timesheet maintained by the employee and authorized by the immediate supervisor. Some non-exempt staff, because of the nature of their position, will be required to use a timeclock in lieu of filling out a timesheet.

(1) Overtime. There may be occasions when a supervisor may request an employee to work beyond the normal hours. In such cases, the non-exempt employee shall work overtime only when authorized by the appropriate supervisor. For those approved hours beyond forty during the week, the employee shall be paid at 1.5 times the normal rate. An employee who elects compensatory time shall do so in accordance with established procedure and may not accumulate more than sixty hours of compensatory time at any one time. Unused accrued overtime compensatory hours shall be paid during the last pay date of each fiscal year in cash at 1.5 times the employee's regular rate of pay.

(2) Missed work. The employee is expected to account for missed days or periods such as paid sick leave, paid vacation, unpaid leave or other circumstances which may prevail.

(3) Flex-time. Exempt and non-exempt staff will be allowed to flex their work schedules in accordance with established procedure.

(C) Payroll deductions.

(1) Federal tax. Federal income taxes are deducted from each biweekly paycheck on the gross salary of the employee.

(2) State tax. The employee will pay state taxes on gross salary earnings.

(3) City tax. City tax is deducted from the paychecks. If the community in which an employee resides has a city or village income tax, the employee should complete a city tax form and submit it to the human resources office.

(4) Medicare tax. Anyone hired or rehired on or after April 1, 1986, is required by the federal government to have 1.45 per cent deducted from their payroll check for medicare. (The college also pays an additional 1.45 per cent to medicare for each employee hired or rehired on or after April 1, 1986.)

(5) School district tax. If an employee's school district levies a tax, this tax will be deducted from the employee's gross pay.

(6) Annuities. College employees are able to make contributions to plans providing annuities through payroll deduction. If an employee is interested in participating in such a plan, contact the human resources office for a listing of approved providers.

(7) Contributions. The college also provides a payroll deduction program for employees to make contributions to college-designated organizations, or the Owens community college foundation.

(8) Ohio deferred compensation program. The college provides for payroll deduction for employees participating in the Ohio deferred compensation program.

(D) Pay schedule/check distribution.

(1) Pay schedule. Fridays, every other week, are the scheduled pay dates.

(2) Check distribution. Individual payroll checks may be picked up on Thursday preceding a pay date from three p.m. to five p.m. and continuing on Friday from eight a.m. to noon after which time the checks will be mailed. Changes to this schedule may occur and will be communicated to employees.

(3) Direct deposit. With direct deposit, an employee's pay will be automatically deposited in their account on payday. Employees may review and print an electronic pay stub, which shows their earnings, taxes, and deductions.

Effective: 12/23/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002, 10/8/2002, 9/29/2014

3358:11-5-05 Personnel file policy.

(A) Purpose. In accordance with section 149.43 of the Revised Code, commonly known as the Ohio public records act, a personnel file is a public record and is subject to section 149.43 of the Revised Code. It is the policy of Owens community college to comply with all federal and state laws regarding access to and content of information within employee personnel files. Some documents containing specific employee information that are maintained by the college are not public records such as medical records, intellectual property records and any other record made confidential by federal or state law or are not considered to be a public record.

(B) Implementation. The vice president of human resources will implement procedures and forms with respect to access to, content of or other consideration of personnel files, which are consistent with the provisions of this policy.

Replaces: 3358:11-5-05

Effective: 11/22/2009
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-5-06 [Rescinded] Employee grievance policy.

Effective: 11/8/2014
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-5-07 Daily work schedule policy.

(A) Exempt staff. The normal work schedule for exempt salaried staff is forty hours per week.

(B) Non-exempt staff.

(1) The normal work schedule for non-exempt employees is 37.5 hours per week, because they forego morning and afternoon breaks, thus earning an additional half hour each full day on the job. As such, they are paid for forty hours per week.

(2) Non-exempt employees, (such as buildings and grounds staff) who take two fifteen-minute breaks each day work, forty hours per week.

(C) Part-time staff members. The normal work schedule for part-time staff members is set by the immediate supervisor.

(D) Compliance. The college shall comply with the Fair Labor Standards Act of 1938, as amended.

Effective: 12/23/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002, 9/2/2002, 12/20/2008

3358:11-5-08 Tardiness.

(A) Purpose. Chronic tardiness on the part of the employee will not be tolerated.

(B) Guidelines.

(1) If more than three instances of tardiness appear in one biweekly period, the employee will receive an oral reprimand.

(2) If this same employee has at a later date three or more instances of tardiness, the result will be a written reprimand.

(3) A third such instance within a one-year period of time will result in a one-day suspension without pay.

(4) Further instances could result in immediate dismissal.

Replaces: 3358:11-5-08

Effective: 3/7/2002
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-5-09 Outside employment/education policy.

(A) Education. Enrollment in college-level course work shall be limited to two courses per term and must be reported in writing in advance to the president. In certain cases more than two courses may be taken such as a cohort featuring several short courses in a term.

(B) Outside employment. Such activities must be reported in writing in advanceto the president and the employee's supervisor.

Effective: 8/18/2014
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-5-10 Reduction in force policy.

For a variety of reasons during the life of any institution, circumstances may dictate that a reduction in force is necessary. These reasons may include lack of work; lack of funds; or abolishment of positions due to reorganization for efficient operations or reasons of economy. Should any of the aforementioned reasons result in the reduction in force , Owens community college will make a reasonable effort to reassign the affected employees to other positions at the college before enacting a reduction in force.

With respect to employees covered by a negotiated agreement, the college will comply with all of the provisions set forth in said agreement.

(A) Delegation. The board directs the president to make such a determination of implementing a reduction in force when circumstances may dictate the necessity.

(B) Implementation. The vice president of human resources will implement procedures consistent with this rule and for purposes of legal compliance.

Effective: 11/8/2014
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002, 12/29/2003, 7/13/2007

3358:11-5-11 Resignation policy.

(A) Salaried full-time employees. If an employee wishes to resign during the term of a contract, a mutual agreement should be reached between the employee and the college .

(B) Hourly employees. An hourly employee who wishes to resign should submit their resignation in writing and should allow for a two-week notice.

(C) Retirement (all employees). If an employee plans on retiring, they should submit their resignation as soon as possible.

(D) Use of accrued vacation. Vacation leave that is accrued but unused on the effective date of resignation will be paid to the employee in a lump sum.

Effective: 12/23/2012
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002, 12/31/2002, 4/27/2004

3358:11-5-12 Drug-free workplace.

(A) Purpose. Pursuant to the Drug Free Workplace Act of 1988, 34 CFR Part 85, Subpart F, it is Owens community college's rule to provide a drug free workplace.

(B) Guidelines.

(1) The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited at the college. This is a condition of employment pursuant to federal law.

If any employee of the college engages in any of the these prohibited activities, that employee will be subject to disciplinary action by the college which may include termination of employment.

(2) Federal law requires that employees notify the college of any criminal drug statute conviction for a violation occurring at the college within five days after such conviction. Such notice should be given in writing to the college's vice president for human resources at the college's human resources office. This notice requirement is a condition of employment. The college is required by law to relay said information to the appropriate federal authorities.

(3) Upon notification of any criminal drug statute conviction for a violation occurring at the college, the college, within thirty days of such notification, is required by federal law to either:

(a) Take appropriate personnel action against such employee, up to and including termination.

(b) Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency.

(C) Educational resources. Owens community college maintains several educational resource packages regarding the use of drugs and the dangers associated with such use.

(1) The health services office maintains a file of current literature and pamphlets which are available for review by students, staff, faculty, and administrators.

(2) Drug awareness issues are addressed by displaying posters on bulletin boards and making pamphlets available in a rack outside of the health services office.

(3) Timely issues regarding drugs are addressed through items published in the "bulletin board" and the "noteboard." Both of these are on-campus publications which are readily available to students, staff, faculty, and administrators.

(4) The library maintains a file of literature which is available for review by students, staff, faculty, and administrators.

(D) Rehabilitation programs. Drug counseling, rehabilitation, and employee assistance programs will be made available by the college through referrals from the human resources office.

(1) Both the Owens community college counseling department and the health services office can provide initial drug counseling and/or information.

(2) The college counseling department regularly sponsors support groups.

(3) If necessary, information on referrals to off-campus, community based rehabilitation programs can be provided.

Replaces: 3358:11-5-12

Effective: 3/7/2002
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-5-13 Exempt and non-exempt employment policy.

(A). Purpose: Employment positions at Owens community college will be classified as exempt or non-exempt based on the provisions of the Fair Labor Standards Act of 1938, as amended.

(B). The vice president of human resources shall be responsible for the review of all positions and appropriate classification to ensure compliance with the Fair Labor Standards Act of 1938, as amended.

Replaces: 3358:11-5-13

Effective: 12/20/2008
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 12/29/2003

3358:11-5-25 Faculty rank policy.

(A) Purpose .

(1) Owens community college has a system of faculty rank which categorizes into four classes: instructor; assistant professor; associate professor; and professor. The initial rank for new employees is determined by the president with input from the chair, the dean, and the vice president/provost . A new member coming from another regionally accredited post-secondary institution may enter at the rank held at the other institution. Years in rank is defined as "years in rank held at Owens community college ."

(2) Promotion from one rank to the next is accomplished by applying for rank promotion; meeting predetermined criteria and receiving the recommendation of supervisors; receiving the recommendation of the rank committee; and, upon the recommendation of the vice president/provost and the president, receiving the approval of the board of trustees. Consideration for rank promotion includes evaluation of teaching effectiveness, professional development and contributions to department, college, profession, and community.

(3) The college recognizes that contributions to Owens community college take many forms.

(a) Evidence of teaching effectiveness. Demonstrated competency in the instructional activity; including classroom/laboratory instruction, curriculum and/or program development, development of innovative teaching methods, and other course involvement.

(b) Performance of departmental duties. Demonstrated involvement in and a contribution toward departmental activities.

(c) Participation in non-departmental activities . Demonstrated contribution to the overall growth and betterment of the institution.

(B) Persons eligible for consideration of change in rank.

(1) Any member of the teaching faculty with a full-time, on track or tenure-track status with a three-quarter time teaching load (173 days). Teaching faculty holding temporary contracts are not eligible for tenure and, thereby, ineligible for rank promotion. Eligibility for future rank promotion begins with the issuance of the first full-time, non-temporary tenured track contract. Temporary and part-time contracts will not be considered when determining "years in rank."

(2) Certain full-time members of the administrative/professional staff holding non-temporary contracts who teach a minimum of one credit course per academic year.

(C) Criteria for rank change.

(1) Activities to be evaluated as consideration for rank promotion must be activities in which the candidate for rank change has been involved since the spring semester of the calendar year last rank was awarded and must be directly related to education or to the applicant's field of specialization. A candidate for rank change must meet the following minimum requirements to be considered for rank change. (The meeting of these basic criteria does not in itself qualify an applicant for rank promotion; a demonstration of sound teaching is essential for the recommendation and subsequent approval of rank change.)

(a) Have a minimum of three years in current rank at Owens community college prior to promotion to each rank level.

(b) If applying for the rank of associate professor, have a baccalaureate degree or a terminal degree or the highest level of professional certification appropriate for the area of instruction.

(c) If applying for the rank of professor, have a master degree or a terminal degree or the highest level of professional certification appropriate for the area of instruction.

(d) Demonstrate a contribution to the overall growth and betterment of the college through performance of non-departmental duties. Contributions may include involvement in special grant programs, participation in special college programming activities and events, development of specialized training programs, membership on committees/task forces, relevant outside employment, educational pursuits, community service, and public presentations. Pre-employment experience is considered under performance of non-departmental duties for those persons applying for promotion from the rank of instructor to the rank of assistant professor, provided the pre-employment experience has occurred within the last six years.

(D) Implementation. The vice president, human resources will implement this employment rule. The vice president/provost is the administrative advocate of the rank review committee. The rank review committee is a college standing committee empanelled for the purpose of reviewing applications and making recommendations of qualified candidates for rank promotion to the vice president/provost. The office of the provost shall support the activities of the rank review committee and shall facilitate the annual rank review process. The vice president, human resources shall verify applicant information. The vice president/provost and president shall recommend candidates qualifying for rank promotion to the board of trustees.

Effective: 11/23/2013
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-5-31 Health/life insurance policy.

(A) Health insurance. Medical, dental, and prescription drug insurance benefits are provided to full-time employees. New full-time employees should apply for health insurance coverage when hired no later than thirty-one days from date of employment. Coverage becomes effective for medical including prescriptions, on the first day of the third month following date of hire. Dental becomes effective on the first day following the fifth month of hire. A bargaining employee shall refer to the respective collective bargaining agreement.

(B) Life insurance. Each full-time employee of the college is provided with a fully paid term life insurance policy in an amount not less than fifty thousand dollars and not more than two times the employee's regular full time salary, maximum cap of three-hundred thousand dollars. Coverage is provided for the duration of employment, within restrictions of the insurance policy itself.

Effective: 8/18/2014
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002, 9/9/2002, 6/20/2006

3358:11-5-32 Retirement plans policy.

(A) Purpose. College employees are required to participate in the state teachers retirement system of Ohio or the school employees retirement system of Ohio depending upon their assignment. Certain eligible employees may elect, upon hire, to participate in an alternative retirement plan.

(B) Alternative retirement plan. Newly hired employees may elect to participate in an alternative retirement plan provided election is made within one hundred twenty days of hire. The college shall contribute to the alternative retirement plan in accordance with section 3305.06 of the Revised Code.

(C) Sick leave payoff. A college employee with ten or more years of service at Owens community college who resigns from the college to retire directly into the state teachers retirement system of Ohio or the school employees retirement system of Ohio or an alternative retirement plan may elect to be paid for one-fourth of the value of his/her accrued, but unused, sick leave at the time of retirement. Such payment shall be based on the employee's rate of pay at the time of retirement and shall be considered to eliminate all sick leave that has been accrued by the employee at that time. The maximum payment, which may be made under this provision, shall be for one-fourth of two hundred sixty days.

(1) If an employee does not elect to be paid for one-fourth of the value of his/her accrued, but unused, sick leave at the time of retirement, the unused sick leave shall be cumulative without limit in accordance with division (C) of section 124.38 of the Revised Code.

(D) Vacation payoff Vacation leave that is accrued but unused on the effective date of resignation or for a retirement directly into the state teachers retirement system of Ohio or the school employees retirement system of Ohio or an alternative retirement plan will be paid to the employee in a lump sum. Such payment shall be based on the employee's rate of pay at the time of retirement and shall be considered to eliminate all vacation leave that has been accrued by the employee at that time.

(E) Employees may reference Owens community college rule 3358:11-5-53 of the Administrative Code (prior public service policy) and section 9.44 of the Revised Code. For the employment of a retirant, reference section 3309.341 of the Revised Code.

Effective: 12/23/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002, 4/27/2004, 8/18/2014, 9/12/2014

3358:11-5-33 Workers compensation/report of injury policy.

(A) Ohio workers compensation law covers employees of the college. Any covered employee who sustains an injury or contracts an occupational disease or illness that arises or is a result of his/her employment may file a claim with the college's manager of workers compensation. A claim must be filed within two years from the date of injury.

(B) Any covered employee who experiences a workplace injury or illness should :

(1) Seek medical treatment at the closest health facility.

(2) Notify their supervisor, the department of public safety and the human resources office (manager of workers compensation) as soon as possible after the injury or illness occurs.

(3) Upon notification the human resources office (manager of workers compensation) will send the employee a workers' compensation claim packet.

(C) On-campus injuries. If an employee is injured on collegeowned or controlled property while performing their assigned duties, the department of public safetyshould be notified immediately. Personnel for the department of public safety will assess the injury.

(D) Off-campus injuries. If the college employee is injured at an off-site location during working time, the department of public safety must be notified within twenty-fourhours of the injury. At that time, a report will be prepared and forwarded to the human resources office. Failure to report the injury within the stated time may result in delays when processing claims.

Effective: 11/8/2014
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-5-34 Holiday policy.

(A) Purpose. Owens community college observes holidays that are legal and designated.

(B) Implementation. The holiday schedule will be established by the college president. The vice president of human resources will provide the holiday schedule to employees and will implement procedures and forms, which are consistent with the provisions of this rule. The payroll office will implement payroll for the holiday schedule in accordance with procedures.

Replaces: 3358:11-5-34

Effective: 5/10/2012
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002, 9/19/2004, 10/28/2005, 7/1/2008

3358:11-5-35 Tuition waiver policy.

(A) Purpose. Employees, their spouses, and dependent children are eligible for tuition waivers for credit and non-credit classes at the college. Spouses and dependent children of employees who died while in service to the college are eligible for tuition waivers for credit and non-credit classes at the college, as are retirees from the college and their spouses and dependent children.

(B) Implementation. The vice president, human resources will implement procedures and forms, which are consistent with the provisions of this policy.

Replaces: 3358:11-5-35

Effective: 12/19/2009
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002, 5/14/2006

3358:11-5-36 Staff educational assistance program for non-bargaining staff policy.

(A) Purpose. The college is committed to the continued training and development of employees. One method of providing an opportunity for training and development is through a staff educational assistance program. Each year the college sets aside monies to be expended as reimbursement for all regular full-time non-bargaining unit employees with satisfactory work and attendance history seeking educational assistance.

(B) The office of human resources is authorized to adopt procedures consistent with this rule. The amendment of this rule and procedures for the staff educational assistance program for non-bargaining unit employees will be in effect for courses, beginning with the academic year 2018-2019. The procedures, the staff educational assistance program budget, and the rate of tuition reimbursement shall be reviewed annually by the offices of human resources and business affairs.

Effective: 2/22/2018
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 03/07/2002, 07/04/2003, 06/13/2009

3358:11-5-41 Vacation (twelve-month employees) policy.

(A) Purpose. Vacation time is provided to employees on twelve-month assignments. Employees must schedule vacation at a time that is convenient to meet the particular needs of their department. All vacations must be submitted in writing on the appropriate form and approved in advance by the employee's immediate supervisor.

When an employee begins employment before the sixteenth day of the month, the employee will begin accruing the last pay date of that month. Otherwise the employee will begin accruing the last pay date of the following month. (Persons on unpaid leave will not earn vacation during such absence.)

(B) Guidelines.

(1) Accrual.

(a) Full-time exempt staff accrue twenty-three days (one hundred eighty-four hours) vacation per year, which represents a monthly accrual of 15.33 hours per month.

(b) Full-time non-exempt staff accrue vacation as follows:

(i) Full-time, twelve-month employees will for their first five years of service receive twelve vacation days (ninety-six hours) per year, which represents a monthly accrual of eight hours per month.

(ii) At the completion of the employee's fifth year of service, the monthly accrual rate will be revised to 11.33 hours per month so that at the end of the sixth year the employee will have accrued seventeen days (one hundred thirty-six hours) vacation per year.

(iii) At the completion of the employee's tenth year of service, the monthly accrual rate will be revised to 14.67 hours per month so that at the end of the eleventh year the employee will have accrued twenty-two days (one hundred seventy-six hours) vacation per year.

(2) Vacation leave may be taken in half-hour increments. If an employee takes a day off, the number of hours used will be equal to the number of hours that they were scheduled to work on that day. Vacation time can only be used after it has been earned. Maximum accrued vacation, which can be carried over from one Fiscal year to the next fiscal year, cannot exceed two years of vacation accrual.

(3) Employees who transfer from a less-than-twelve-month position to a twelve-month position will have their years of service counted toward the calculation of the appropriate accrual. Vacation accrual for the twelve-month assignment will begin at the end of the first full month of service in the twelve-month assignment.

(C) Part-time staff working twenty hours or more per week accrue as follows:

(1) Part-time, twelve-month employees will for their first five years of service receive six vacation days (forty-eight hours) per year, which represents a monthly accrual of four hours per month.

(2) At the completion of the employee's fifth year of service, the monthly accrual rate will be revised to 5.67 hours per month so that at the end of the sixth year the employee will have accrued 8.5 days (sixty-eight hours) vacation per year.

(3) At the completion of the employee's tenth year of service, the monthly accrual rate will be revised to 7.33 hours per month so that at the end of the eleventh year the employee will have accrued eleven days (eighty-eight hours) vacation per year.

(D) Part-time staff working less than twenty hours per week do not accrue vacation time.

Replaces: 3358:11-5-41

Effective: 12/20/2008
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002, 9/19/2004, 7/15/2005

3358:11-5-42 [Rescinded] Personal leave policy.

Effective: 2/13/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002, 10/16/2005, 12/20/2008

3358:11-5-43 [Rescinded] Sick leave plan policy.

Effective: 2/13/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002, 12/31/2002, 7/15/2005, 6/13/2009

3358:11-5-44 Family and medical leave policy.

(A) Purpose. Owens community college understands the importance of family issues in today's work force. The college also recognizes that more of its employees than ever before face conflicting demands of family obligations and work. Because an employee may find it necessary to take leave from their job for a temporary period to address certain family responsibilities or their own serious health conditions and in order to comply with the Family and Medical Leave Act of 1993 Public Law 103-3, Owens community college hereby establishes its family and medi)cal leave policy.

(B) Eligibility. In order to qualify under this policy, an employee must meet both of the following conditions:

(1) Must have been employed by Owens community college for at least twelve months or fifty-two weeks prior to the leave request. The twelve months, or fifty-two weeks, need not be consecutive.

(2) Must have worked at least one thousand two hundred fifty hours during the twelve month period immediately before the date when the leave would begin.

(C) Type of leave covered. The college will grant an eligible employee up to twelve weeks of family and medical leave during each twelve month period (July first through June thirtieth) in accordance with the Family and Medical Leave Act of 1993 Public Law 103-3, if the procedures in this policy are followed and leave is requested for any of the following reasons:

(1) The birth of a son or daughter of an employee and in order to care for that child.

(2) The placement of a son or a daughter with an employee for adoption or foster care.

(3) To care for a spouse, son, daughter or parent of an employee if the family member has a serious health condition.

(4) An employee's own serious health condition that renders them unable to perform the functions of their position.

(5) Qualifying exigency (as secretary (of defense) shall, by regulation, determine) arising out of the fact that the spouse, or son, daughter, or parent of the employee is on active duty or has been notified of an impending call or order to active duty, in support of a contingency operation.

(D) Type of leave covered. The college will grant an eligible employee up to twenty-six weeks of family and medical leave during each twelve month period (July first through June thirtieth) in accordance with the Family and Medical Leave Act of 1993 Public Law 103-3, if the procedures in this policy are followed and leave is requested for any of the following reasons:

Leave to care for a family member (spouse, son, daughter, parent, or next of kin) of a service member who is recovering from a serious illness or injury sustained in the line of active duty.

(E) Serious health condition. An employee may take leave because of a serious health condition that makes them unable to perform the functions of their position. A serious health condition includes any of the following:

(1) Hospital care. Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

(2) Absence plus treatment. A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition) that also involves:

(a) Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider or by a provider of health care services (e.g. physical therapist) under orders of, or on referral by, a health care provider.

Treatment includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations or dental examinations.

(b) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

A regimen of continuing treatment includes, for example, a course of prescription medication (e.g. an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider.

(3) Pregnancy. Any period of incapacity due to pregnancy or for prenatal care.

(4) Chronic conditions requiring treatments. A chronic condition which:

(a) Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider.

(b) Continues over an extended period of time (including recurring episodes of a single underlying condition).

(c) May cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.)

(5) Permanent/long-term conditions requiring supervision. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under continuing supervision of, but need not be receiving treatment by, a health care provider. Examples including Alzheimer's, a severe stroke or the terminal stages of a disease.

(6) Multiple treatments (non-chronic conditions). Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

(7) The college requires the employee to provide a doctor's certification of a serious health condition. If an employee has questions about what illnesses may be covered under Family and Medical Leave Act of 1993 Public Law 103-3 or under the college's sick leave plan policy rule 3358:11-5-43 of the Administrative Code, they should contact the human resources office.

(8) If an employee takes paid sick leave for a condition that progresses into a serious health condition and they request leave as provided by this policy, the college will designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications.

(F) Benefits while on leave. While on leave under Family and Medical Leave Act of 1993 Public Law 103-3, the college will continue the employee's health benefits during the leave period at the same level and under the same conditions as if they had continued to work. If an employee chooses not to return to work for reasons other than the continuation, recurrence or onset of a serious health condition which would entitle them to leave or other circumstances beyond their control, the college will require them to reimburse the college for the amount it has paid for their health insurance premium during the leave period.

(G) Status after leave. If an employee takes leave under FMLA, they will be able to return to the same job or an equivalent job. (In accordance with the law, the college may choose to exempt certain highly compensated employees from this requirement and not return them to the same or similar position.)

(H) Use of paid and unpaid leave.

(1) If an employee has accrued sick leave and if they are taking leave because of their own serious health condition or the serious health condition of a family member, they must use paid sick leave first and take the remainder of the twelve weeks as unpaid leave. If they have vacation leave available to them, they must also use this paid leave before taking unpaid leave. (For example, if they have one week of vacation and one week of sick leave, they would be able to take two weeks of paid leave and ten weeks of unpaid leave under this policy.)

(2) If an employee is taking leave for the birth of a child, they must use paid sick leave for physical recovery following childbirth per doctor's note. They must then use vacation leave, if available. They will then be eligible for the remainder of the twelve weeks as unpaid leave.

(3) If an employee is taking leave for adoption or foster care of a child and they have paid vacation available to them, they must use paid vacation leave prior to taking unpaid leave.

(4) If an employee is taking leave to care for a family member with a serious health condition and they have paid vacation available to them, they must use paid vacation leave prior to taking unpaid leave.

(5) Leave under this policy shall be for a maximum of twelve weeks total. This total shall include both paid and unpaid leave.

(I) Intermittent leave or a reduced work schedule. For a personal illness or to care for a sick family member, an employee need not take such leave continuously. They may take it on an intermittent basis or by reducing their scheduled work hours if they provide certification from the health care provider that leave must be taken in that manner. The college may temporarily transfer the employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent leave or reduced leave schedule. Request for intermittent leave or reduced leave schedule after the birth, adoption or foster care placement of a child will not be considered.

(J) Certification of serious health condition.

(1) The college requires certification of a serious health condition by a health care provider to support a request for leave. The employee must respond to such a request within fifteen days of the request or provide a reasonable explanation for the delay. Failure to provide certification will result in a denial of leave.

(2) The college has a right to ask for a second opinion if it has reason to doubt the certification. The college will pay for the employee to get a certification from a second doctor, whom the college will select. If necessary to resolve a conflict between the original certification and the second opinion, the college will require the opinion of a third doctor. The college and the employee will jointly select a third doctor, and the college will pay for the opinion. This third opinion will be considered final.

(K) Procedure for requesting leave. Except where leave is not foreseeable, the employee must submit a family and medical leave request form to their immediate supervisor and the human resources office thirty days prior to the start of requested leave. (If an employee is undergoing planned medical treatment, they must make a reasonable effort to schedule the treatment to minimize disruptions to the college's operations.) If it is not possible to give thirty days notice, they must give as much notice as practicable. If they fail to provide thirty days notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least thirty days from the date the college receives notice. While on leave, the employee must report periodically to the human resources office regarding the status of the medical condition and their intent to return to work.

Replaces: 3358:11-5-44

Effective: 12/26/2008
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-5-45 [Rescinded] Leave without pay.

Effective: 2/13/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002, 7/15/2005

3358:11-5-46 [Rescinded] Jury and other civil service duty.

Effective: 2/13/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002, 11/24/2007

3358:11-5-47 Military leave.

The Uniformed Services Employment and Reemployment Rights Act of 1994 prohibits discrimination against persons because of their service in the armed forces reserve, the national guard, or other uniformed services and also protects the right of veterans, reservists, national guard members, and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training. It is the policy of the board of trustees of Owens community college to comply with all provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994.

Implementation. The vice president of human resources will implement procedures consistent with this rule.

Replaces: 3358:11-5-47

Effective: 7/13/2007
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-5-49 Nepotism.

Owens community college does not prohibit the employment of relatives of current employees, provided that an employee does not directly report to a relative, and that no supervisor/subordinate relationship exists between relatives. That is, no employee is permitted to work in a position where work responsibilities, salary, evaluation of performance, or other terms and conditions of employment could be influenced by a relative.

A relative is defined as a member of the employee's immediate family and includes spouse, parent, child, grandparent, sibling, grandchild, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, stepparent, step-child, other person living in the employee's home, or legal guardian or other person who stands in place of a parent.

Implementation. The vice president of human resources will implement procedures consistent with this rule.

Replaces: 3358:11-5-49

Effective: 7/13/2007
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 7/13/2007

3358:11-5-50 Zero tolerance/workplace violence policy.

(A) Purpose. It is the goal of Owens community college to maintain a work environment, which is free from threats, threatening behavior and acts of violence. The college will not tolerate workplace threats, intimidation or violence of any type from any source. The purpose of this policy is to promote an atmosphere that encourages learning and productive employment.

(B) Action. Employees found to be in violation of this policy or who intentionally bring false charges shall be subject to disciplinary action up to and including termination, including civil and/or criminal penalties.

(C) Responsibilities. Employees and students of Owens community college who have obtained a protective order are responsible for providing a copy of the order to the college's department of public safety. Other parties may also be informed when deemed necessary for the safety of employees and students of the college.

(D) Implementation. The vice president of human resources will implement procedures consistent with this policy.

Replaces: 3358:11-5-50

Effective: 11/22/2009
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 11/24/2007

3358:11-5-51 Pre-employment background check.

(A) Purpose. Owens community college seeks to provide a safe learning and working environment for students, faculty, staff and campus visitors.

(B) Offers of employment for certain positions are contingent upon clear results of a thorough background check. Pre-employment background checks may include, but are not limited to, a social security number trace report, verification of education and professional licensure, multi-county, state, and/or federal criminal record check, personal and professional reference check and secondary database search including sex offender, fugitive and terrorist lists. In addition, if applicable to a position, a motor vehicle report and/or a credit history report that is consistent with the guidelines set forth by the Federal Credit Reporting Act may be completed prior to employment.

(C) Implementation. The vice president of human resources will implement procedures consistent with this rule.

Replaces: 3358:11-5-51

Effective: 12/22/2007
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 12/22/2007

3358:11-5-52 Standards of conduct and disciplinary process policy.

(A) Purpose. Owens community college has a tradition of governing the conduct of its faculty and staff through adherence to professional standards. These professional standards ensure that the reputation of the institution is upheld by all employees. The establishment of clear standards of conduct and the communication of these to all employees, along with a fair system of discipline, are promulgated in this policy and the associated procedures.

(B) Application. This policy applies to all full-time and part-time employees unless specifically excluded or limited by the explicit provisions of a collective bargaining agreement.

(C) Implementation. The vice president of human resources will implement procedures and forms consistent with the provisions of this rule.

Replaces: 3358:11-5-52

Effective: 6/13/2009
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 6/13/2009

3358:11-5-53 Prior public service policy.

(A) Purpose. This rule applies to an employee who has prior public service vacation credit or sick leave that has accrued with an agency or political subdivision of the state of Ohio (county, city, township, school, university, library, etc) or a contiguous state, provided said credits have been computed under the minimum requirements of the laws of the state of Ohio.

(B) Application. Accrued vacation credit shall be allowed for employees for whom vacation accrual is based on years of service. Any sick leave that is transferable under the definition of an agency or political subdivision or contiguous state will be recognized by Owens community college. Documentation from the former agency will be processed through human resources' benefits coordinator.

(C) Implementation. The office of human resources will implement procedures and forms, which are consistent with the provisions of this rule.

Effective: 12/23/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 9/17/2010

3358:11-5-54 Non-bargaining employee grievance policy.

(A) Purpose. The purpose of this rule is to secure equitable solutions as quickly as possible to grievances that may arise concerning complaints or problems raised by college employees.

(B) General.

(1) A "grievance" for purposes of this rule is defined as a claimed violation of a specified college regulation, rule, or procedure, or as any other problem or impropriety claimed by an employee.

(2) This rule applies to all non-bargaining unit employees.

(3) Employees shall have the opportunity to report a grievance without fear of reprisal.

(4) The college affords its employees the opportunity to have a support person present in explaining and attempting to settle a grievance after the employee and his or her supervisor have failed to reach a satisfactory solution in their initial discussion.

(5) The director of human resources or his/her designee will be available to render guidance and assistance concerning the grievance procedure to be followed. In certain highly sensitive or confidential circumstances, the employee may initiate process directly with human resources.

(C) Time limit.

(1) A grievance will be acted upon provided the employee submits it in writing within the number of working days required under each step of the procedure. "Working days" as used in this rule means days exclusive of weekends, holidays, and days the employee may be on authorized vacation, sick leave or absence.

(2) Failure of the grievant to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar further action or appeal. Failure of the college to render a decision on a grievance within the specified time limit shall permit its appeal by the grievant to the next step.

(D) Procedural steps.

(1) Employee and immediate supervisor (step 1)

(a) The aggrieved employee shall communicate the grievance to his or her immediate supervisor within ten working days of the occurrence of the matter grieved, or of the point that the employee knew or reasonably should have known of the matter.

(b) In the event the grievance is not resolved, the employee may prepare a formal written grievance, accurately stating the nature of the matter complained of, and proposing a suggested solution.

(c) The formal grievance as filed by the grievant shall be submitted on the college employee complaint form.

(d) The formal grievance should be signed and presented to the supervisor. This must be done within five working days after the completion of the discussion with the supervisor.

(e) The supervisor shall promptly and impartially review information relevant to the issue; document the decision, and sign the form as indicated. Within five working days, copies of the grievance and the supervisor's decision shall be provided to grievant and maintained by supervisor.

(f) In organizational situations where the immediate supervisor and the department head are the same person, the grievance procedure will begin with step 2 of this rule.

(2) Employee and department head (step 2)

(a) If the aggrieved employee is not satisfied with the decision of the immediate supervisor, the employee may, within ten working days of receipt of the step 1 decision, file a written appeal with the department head (within ten days of the occurrence of the matter grieved where the supervisor is the department head or when a group of employees have a grievance).

(b) On receipt of the formal written appeal, the department head shall, within five working days, meet with the grievant to discuss the facts of the grievance in an effort to achieve a resolution. After considering the facts presented, the department head shall give his or her decision in writing within five working days of the meeting. Copies of the department head's decision shall be provided to the grievant and supervisor and maintained by the department head.

(3) Employee and director of human resources (step 3)

(a) If the aggrieved employee is not satisfied with the decision of the department head, the employee may appeal the grievance to the director of human resources or his/her designee within five working days after receipt of the step 2 decision.

(b) The director of human resources shall conduct an investigation of the complaint and, if appropriate, hold a meeting with the employee and the employee's representative, if any.

(c) The director of human resources may determine that attendance at the meeting of the supervisor, department head, or other management officials would be helpful in resolving the complaint.

(d) Upon completion of the investigation, the director of human resources will provide the grievant with a final written decision.

(e) The process at step 3 will generally not exceed fifteen days.

Effective: 11/8/2014
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08

3358:11-5-55 Leave program policy.

(A) Owens community college provides leave time to respond to employee needs.

(1) Vacation leave is provided to employees on twelve-month assignments, except for those employees in grant-funded positions where such leave is not provided.

(2) Sick leave benefits are provided to employees on schedules of twenty or more hours per week, excluding, among others, adjunct faculty.

(3) Personal leave is provided to non-exempt employees on schedules of twenty or more hours per week.

(4) Jury and other civil service duty leave is provided to employees who are summoned for jury duty or are subpoenaed to appear before a court or other legal body authorized to compel the attendance of witnesses, provided that the employee is not a party to the action.

(5) Leave without pay may be approved for an eligible employee who has an exceptional circumstance, such as childbirth or illness.

(6) Military leave, as prescribed by federal and/or state law, is provided to eligible employees. Refer to Owens community college rule 3358:11-5-47 of the Administrative Code (military leave).

(7) Family and/or medical leave, as prescribed by federal and/or state law, is provided to eligible employees. Refer to Owens community college rule 3358:11-5-44 of the Administrative Code (family and medical leave).

(B) With respect to employees covered by a collective bargaining agreement, the college will comply with the provisions set forth in said agreement.

(C) Implementation. The vice president, human resources/administration will implement procedures and forms, which are consistent with the provisions of this rule and applicable law.

Effective: 2/13/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08