Chapter 123:1-34 | Leave

Rule 123:1-34-01 | Leave of absence without pay.

• Effective: December 10, 2023
• Promulgated Under: 119.03

Nothing in this rule will be construed as limiting, superseding, or requiring any leave granted under The Family and Medical Leave Act of 1993 (FMLA). Given proper notice and under appropriate circumstances, a leave of absence without pay for a FMLA qualifying purpose may be credited against an employee's FMLA leave entitlement.

(A) An employee's request for a leave of absence without pay will be in writing and will state the reasons for taking the leave of absence without pay and the date(s) for which such leave is being requested.

(1) Classified service. An appointing authority may grant a leave of absence without pay to an employee in the classified service with the approval of the director.

(2) Unclassified service. An appointing authority may grant a leave of absence without pay to an employee in the unclassified service and will report such leave to the director.

(B) Conditions of leave of absence without pay.

(1) Length of leave. Upon written request, a leave of absence without pay may be granted for any personal reason. Renewal or extension beyond the maximum allowed will not be granted except as provided in this rule.

(a) Leaves of absence without pay for personal reasons may be granted for a maximum duration of six months.

(b) Employees of any agency that has a work year equivalent to an academic year may be granted leaves of absence without pay for personal reasons of six months, and such leave may be extended for instructional and instructional support staff with the approval of the director through the beginning of the next academic year.

(c) Leave of absence without pay may be granted for a maximum period of two years for purposes of education or training that would benefit the employee's agency or for voluntary service in any governmentally sponsored program of public betterment. Renewal or extension beyond the two-year period is not allowed.

(2) Abuse of leave. If it is found that a leave is not actually being used for the purpose for which it was granted, the appointing authority may cancel the leave and direct the employee to report for work by giving written notice to the employee and the director of administrative services.

(3) Failure to return. A classified employee who fails to return to service within three working days of the completion or a valid cancellation of a leave of absence without pay without explanation to the appointing authority or his representative may be removed in accordance with section 124.34 of the Revised Code. Any employee who fails to return to service from a leave of absence without pay and is subsequently removed or voluntarily resigns is deemed to have a termination date corresponding to the starting date of the leave of absence without pay.

(4) Return to service.

(a) Classified employees. Upon completion of a leave of absence without pay, the employee will be returned to the same or similar position within the employee's former classification. If the employee's former classification no longer exists the employee will, with approval of the director, be assigned to a position in a classification similar to that formerly occupied. The employee may be returned to active pay status prior to the originally scheduled expiration of the leave if such earlier return is agreed to by both the employee and the appointing authority.

(b) Unclassified employees. The employee's return to service is within the discretion of the appointing authority, subject to all relevant state and federal law including but not limited to the FMLA.

(5) Service credit. Authorized leaves of absence without pay will count as service credit for annual step increases, layoff purposes, and for computing the amount of vacation leave, provided the employee is properly returned to service and is not serving a probationary period. Employees who do not return to service from a leave of absence without pay will not receive service credit for the time spent on such leave.

(6) Reporting leaves. The appointing authority will report to the director any leave of absence without pay that extends for one pay period or longer, and the subsequent return from such a leave. Any leave of absence without pay will be reported for an employee serving a probationary period.

(7) Probationary period of an employee on a leave of absence without pay. The period during which an employee is on a leave of absence without pay will not be counted towards an employee's original or promotional probationary period.

(8) Benefits. While on a leave of absence without pay that lasts longer than one pay period, the employee is responsible for both the employer's and employee's share of health care benefit premiums, unless prohibited by law.

(C) Disabling illness, injury, or condition. Subject to the provisions contained in Chapter 123:1-33 of the Administrative Code, upon written request to the appointing authority, employees with a disabling illness, injury, or condition who are not eligible to receive disability benefits may be granted a leave of absence without pay, subject to the provisions of this rule if the employee demonstrates that the probable length of disability will not exceed six months.

(1) Length of leave. Leaves of absence without pay are limited to the period of time that the employee is unable to perform the essential job duties of the employee's position. This period may include reasonable rehabilitation and recovery time, as certified by a licensed practitioner, not to exceed six months. If the employee is unable to return to active work status within six months, the employee may be given a disability separation in accordance with Chapter 123:1-33 of the Administrative Code.

(2) Licensed practitioner's certificate. An employee requesting a leave of absence without pay due to a disabling illness, injury or condition will present, at the time the request is made, a licensed practitioner's certificate stating the probable period for which the employee will be unable to perform the essential job duties of the employee's position. The specialty of the licensed practitioner providing the certificate will be based upon the employee's diagnosed condition. If a request for leave is based upon a diagnosis of a mental disorder, including but not limited to, psychosis, mood disorders, and anxiety, then such request must be confirmed by a licensed mental health practitioner.

(3) Sick and vacation leave usage. Upon request, an employee will be permitted to use any or all of the employee's accumulated vacation and sick leave credit only for the period of time, as certified by a credible licensed practitioner's certificate, that the employee is unable to work as a result of a disabling illness, injury, or condition. An employee who used sick or vacation leave credit for the disabling illness, injury, or condition may receive a leave of absence without pay for the remainder of the period defined in paragraph (C)(1) of this rule.

(4) Request for leave. Requests for leave of absence without pay, sick leave, personal leave or vacation leave made pursuant to this rule are subject to the internal management procedures of the employee's appointing authority.

(5) Return to work. The appointing authority of an employee on a leave of absence without pay for a disabling illness, injury or condition may require the employee, prior to the employee's return to work, to provide a physician's certificate that confirms the employee is able to perform the essential job duties of the employee's position.

(D) Child care. Any employee may, at the discretion of the appointing authority, be granted a leave of absence without pay for purposes of child care. All requests for leave of absence without pay for purposes of child care will be considered on a nondiscriminatory basis without regard to the sex of the employee.

An adoptive or foster parent's request for leave of absence for purposes of child care will be considered on the same basis as that of a biological parent under similar circumstances.

Last updated December 11, 2023 at 9:53 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.09
Five Year Review Date: 9/15/2028
Prior Effective Dates: 12/17/1981, 5/29/1994

Rule 123:1-34-03 | Civic duty leave.

• Effective: December 10, 2023
• Promulgated Under: 119.03

(A) An appointing authority will grant civic duty leave with full pay to any employee in the service of the state who:

(1) Is summoned for jury duty by a court of competent jurisdiction, or

(2) Is subpoenaed to appear before any court, commission, board or other legally constituted body authorized by law to compel the attendance of witnesses. This paid leave is not available if the employee is a party to the action or is summoned to testify as a result of secondary employment outside the service of the state.

(B) An appointing authority may grant civic duty leave with full pay to any employee in the service of the state who:

(1) Is appointed to serve in an unpaid position on an advisory board or a commission, or

(2) Is soliciting for charities for which payroll deductions are made.

(C) Any compensation or reimbursement for jury duty or for court attendance compelled by subpoena in excess of fifteen dollars per day, when such duty is performed during an employee's normal working hours, will be remitted by an employee who is paid directly by warrant of the director of budget and management to the payroll officer for transmittal to the treasurer of state.

(D) An employee who is the appellant in any action before the state personnel board of review and is in active pay status at the time of a scheduled hearing before the board will be granted civic duty leave with full pay for purposes of attending the hearing.

Last updated December 11, 2023 at 9:54 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.135
Five Year Review Date: 9/15/2028
Prior Effective Dates: 11/10/1996, 10/6/2013

Rule 123:1-34-04 | Military leave with pay.

• Effective: December 10, 2023
• Promulgated Under: 119.03

(A) Permanent employees who are in the service of the state who are members of the Ohio organized militia or members of other reserve components of the armed forces of the United States, including the Ohio national guard, are entitled to a military leave of absence from their duties without loss of pay, for a limited amount of time while performing service in the uniformed services, as set forth in section 5923.05 of the Revised Code.

(B) Evidence of military duty. Permanent employees who are in the service of the state will submit to their appointing authority a written order or written statement from the appropriate military commander as evidence of performing service in the uniformed services before military leave with pay will be granted.

(C) Paid military leave can be used intermittently by permanent employees in the service of the state.

Last updated December 11, 2023 at 9:54 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.15, 124.152, 5923.05
Five Year Review Date: 9/15/2028
Prior Effective Dates: 12/6/2018

Rule 123:1-34-05 | Uniformed service leave without pay.

• Effective: December 10, 2023
• Promulgated Under: 119.03

(A) A military leave without pay is an approved leave of absence and will be treated as such. An employee who has exhausted their calendar year allowance of military leave with pay or who chooses not to use available military leave with pay for an active duty call-up is entitled to take military leave without pay. An employee who has accrued leave or compensatory time available at the time of an active duty call-up may choose to use such accrued leave, compensatory time, or a combination of both to cover the employee's active duty call-up in-lieu of taking military leave without pay. An employee's use of accrued leave, compensatory time, or a combination of both to cover an active duty call-up is at the employee's sole discretion.

(B) Employees who are exempt from collective bargaining do not accrue any form of leave while on military leave without pay. Employees who are in a bargaining unit will accrue any form of leave in the same manner as any other bargaining unit employee under the applicable collective bargaining agreement who is on an approved leave of absence. Any such accrued leave to which a bargaining unit employee is entitled to under this rule will not be credited to the employee until such time as the employee returns to work.

(C) An employee on military leave without pay has the right to be reinstated to the same or similar position if the employee meets the following criteria:

(1) The employee has been honorably discharged or has been released from active duty in an honorable status; and

(2) The employee makes a timely written request for reinstatement to the employee's appointing authority. The time period for making the request is dependent on the length of time of the employee's active duty call-up:

(a) If the active duty call-up was thirty days or less, the request for reinstatement will be made immediately upon the employee's release from the active duty call-up, with reinstatement taking place the first full regularly-scheduled work day following the employee's release from active duty allowing time for travel home plus eight hours for rest;

(b) If the active duty call-up was thirty-one days to one hundred eighty days, the request for reinstatement will be made within fourteen days of the employee's release from the active duty call-up; or

(c) If the active duty call-up was in excess of one hundred eighty days, the request for reinstatement will be made within ninety days of the employee's release from the active duty call-up.

(D) Pursuant to section 5923.051 of the Revised Code, the employee, the employee's spouse, or the employee's dependent may maintain or reinstate health care benefits while the employee is on a federal active duty call-up. If health care benefits are maintained or reinstated under the provisions of section 5923.051 of the Revised Code, the employee remains responsible for paying the employee's share of such health care benefits and the appointing authority remains responsible for paying the employer's share of such health care benefits.

(E) An employee on military leave without pay is eligible for a pay supplement from the employee's appointing authority when the employee meets the requirements set forth in section 5923.05 of the Revised Code.

(F) An employee reinstated from military leave without pay is generally entitled to all rights and benefits available to an employee returning from an authorized leave of absence without pay, including but not limited to the following:

(1) All accrued leave and compensatory time that the employee accumulated prior to going on military leave without pay, less any such time the employee used while on the active duty call-up associated with the military leave without pay;

(2) All automatic salary adjustments associated with the employee's position that would have been due the employee during the active duty call-up associated with the military leave without pay as if the employee had been at work during that time;

(3) Any change in classification or pay range that the employee would have received during the active duty call-up associated with the military leave without pay as if the employee had been at work during that time;

(4) If necessary, reinstituted health care benefits and related insurance benefits with no waiting periods or pre-existing condition exclusions; and

(5) Appropriate service time corresponding with the time the employee was on military leave without pay.

Last updated December 11, 2023 at 9:54 AM

Supplemental Information

Authorized By: 124.09, 5903.02(F)
Amplifies: 124.134, 124.15, 124.152, 124.382, 124.386, 5903.02, 5923.05, 5923.051
Five Year Review Date: 9/15/2028
Prior Effective Dates: 5/24/1998, 10/6/2013

Rule 123:1-34-08 | Olympic competition leave.

• Effective: December 10, 2023
• Promulgated Under: 119.03

Any employee in the service of the state will be granted olympic competition leave without loss of pay to participate in olympic competition sanctioned by the United States olympic committee. Participation in olympic competition includes duties as a coach, judge, official, or athlete.

(A) Length of leave. Olympic competition leave will not exceed the aggregate time needed for reasonable precompetition training at the competition site, actual participation in the competition, and reasonable travel time to and from the competition site.

(B) Compensation. Pay for each week of olympic competition leave will not exceed the amount the employee would receive for the employee's standard work week as defined in section 124.18 of the Revised Code. The employee will not be paid for any day spent in olympic competition for which the employee would not ordinarily receive pay as part of the employee's regular employment.

(C) Additional leave. An employee who receives olympic competition leave upon request will be granted vacation leave or a leave of absence without pay to remain at the competition site until the close of the competition.

(D) Written request. Requests for olympic competition leave will be in writing to the appointing authority at least thirty calendar days prior to the effective date of the leave being requested. If the employee is selected less than thirty calendar days prior to the effective date of the requested leave, the employee will make the request for olympic competition leave within one week of such selection. The request will include:

(1) Proof of selection signed by an official of the United States olympic committee.

(2) Dates of official precompetition training at the competition site.

(3) A list of the employee's competition events together with dates of actual competition. If the event is one in which contestants compete until eliminated, making it impossible to precisely indicate all days of actual competition prior to taking the leave, the employee will submit a list of the days on which the employee actually competed upon return from the competition.

(4) Dates of travel time to and from the competition.

(5) If entitled to vacation leave, a statement that such leave is to be used as indicated in paragraph (C) of this rule.

Last updated December 11, 2023 at 9:54 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 9.46, 124.09
Five Year Review Date: 9/15/2028
Prior Effective Dates: 1/10/1982

Rule 123:1-34-09 | Bereavement leave.

• Effective: December 10, 2023
• Promulgated Under: 119.03

(A) Each full-time permanent and part-time permanent employee whose salary or wage is paid directly by warrant of the director of budget and management will be granted three consecutive working days of bereavement leave with pay due to the death of a member of the employee's immediate family. Bereavement leave will not exceed twenty-four scheduled work hours. Compensation for bereavement leave will be equal to the employee's base rate of pay. Part-time permanent employees will be granted bereavement leave based on the number of hours they would have normally been scheduled to work.

(B) Except as provided in paragraph (B)(2) of this rule, an employee described in paragraph (A) of this rule may use bereavement leave under this rule when the employee is the parent of a miscarried or stillborn child. As used in this rule, "stillborn" has the same meaning as in section 124.136 of the Revised Code.

(1) An employee using bereavement leave based on a miscarriage will provide appropriate medical documentation of the miscarriage.

(2) An employee using bereavement leave based on a stillbirth will provide a copy of the fetal death certificate. An employee who takes bereavement leave granted under this rule on the basis of stillbirth is ineligible to use parental leave or benefits under section 124.136 of the Revised Code based on the same stillbirth.

(C) Usage of the bereavement leave described in this rule will need to begin within one of the following time periods:

(1) Not more than five calendar days after the immediate family member's death;

(2) Not more than five calendar days before or five calendar days after the date of the immediate family member's funeral.

Last updated December 11, 2023 at 9:55 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.387
Five Year Review Date: 9/15/2028
Prior Effective Dates: 12/1/2006

Rule 123:1-34-10 | Voluntary cost saving program.

• Effective: December 10, 2023
• Promulgated Under: 119.03

(A) Pursuant to division (B) of section 124.392 of the Revised Code, the voluntary cost savings (VCS) program was created as a tool for an appointing authority to reduce costs. A VCS program provides eligible employees with the opportunity to reduce their schedule or be in a no pay status for a period of time without reducing certain benefits or requiring them to exhaust paid leave.

(B) Approval. An appointing authority will notify the director of administrative services of its intent to establish and implement a VCS program and receive the director's approval before the program can become effective. The notice is to include:

(1) A description of the proposed VCS program indicating which of the options outlined in paragraph (D) of this rule the appointing authority will offer;

(2) A description of the proposed VCS program's compliance with paragraphs (C) to (L) of this rule;

(3) The approximate number of employees eligible to participate in the proposed VCS program;

(4) A copy of the proposed VCS program agreement to be used by the appointing authority in compliance with paragraph (M) of this rule; and

(5) The anticipated duration and availability of the proposed VCS program.

(C) Eligibility. A full-time or part-time permanent employee, exempt from collective bargaining, who is paid by warrant of the director of budget and management and has successfully completed an initial or promotional probationary period is eligible to participate in the VCS program. The VCS program is to be administered on a strictly voluntary basis.

(D) An appointing authority may propose a VCS program that includes any or all of the options listed in this paragraph. If an appointing authority proposes all of the options, it will also state whether an employee may utilize more than one option during the same fiscal year.

(1) Reduction of hours. A full-time eligible employee may reduce the hours worked by no less than eight hours and no more than forty hours per pay period. The maximum amount of time an employee may use this option is for five hundred twenty hours in a fiscal year or for a total of six months, whichever comes first.

(2) Unpaid leave of absence. An eligible employee may take an unpaid leave of absence for no less than two weeks and no more than thirteen weeks during a fiscal year.

(3) Credit with forty or eighty voluntary cost savings hours per fiscal year. An eligible employee may be credited with either forty or eighty voluntary cost savings hours in a fiscal year. Employees participating in this program will have each bi-weekly paycheck reduced over the course of the fiscal year in an amount that equates to either forty or eighty hours in total. An employee is entitled to use all available voluntary cost savings hours during the fiscal year, at times mutually agreed to between the employee and the appointing authority.

(E) Pay status.

(1) Leave used pursuant to paragraphs (D)(1) and (D)(2) of this rule will not be included in the definition of active pay status for the purpose of earning overtime or compensatory time for employees who are eligible to earn overtime.

(2) Leave used pursuant to paragraphs (D)(1) and (D)(2) of this rule will be included in the definition of active pay status for the purpose of earning compensatory time for employees who are not eligible to earn overtime.

(F) Reconciliation.

(1) Employees who are prevented by their appointing authority from taking VCS time pursuant to paragraph (D)(3) of this rule will have the appropriate corrections made to their paycheck at the end of the fiscal year.

(2) If an employee separates or transfers from state service during the fiscal year, the employee will receive payment for the amount of money that has been deducted less the cost of the time used. If the employee used more time than deducted, the employee's final paycheck will be adjusted to balance out the excess hours taken.

(G) Leave accrual. An employee's accruals of vacation, sick, or personal leave will not be impacted by the employee's participation in a VCS program.

(H) Service credit.

(1) An employee who reduces hours worked pursuant to paragraphs (D)(1) and (D)(3) of this rule will not incur a break in service.

(2) An employee who takes an unpaid leave of absence pursuant to paragraph (D)(2) of this rule will not incur a break in service as long as the employee returns to employment.

(I) Retention points.

(1) An employee who reduces hours worked pursuant to paragraphs (D)(1) and (D)(3) of this rule will be treated in accordance with the employee's regular appointment type for purposes of calculating retention points.

(2) An employee who takes an unpaid leave of absence pursuant to paragraph (D)(2) of this rule will have the employee's retention points calculated in accordance with the employee's regular appointment type as long as the employee returns to employment.

(J) Health insurance.

(1) An employee who reduces hours worked pursuant to paragraph (D)(1) of this rule maintains full-time status for purposes of health insurance premiums.

(2) An employee who takes an unpaid leave of absence pursuant to paragraph (D)(2) of this rule is responsible for the employee's share of insurance premiums for all insurance programs in which the employee is enrolled at the time of the leave.

(a) It is the employee's responsibility to make payment arrangements with the appropriate payroll officer prior to the leave commencing.

(b) The state maintains the employer's share of any applicable insurance premiums.

(3) An employee who participates in this program pursuant to paragraph (D)(3) of this rule maintains their appointment type, as full-time or part-time, for the purpose of health care premiums.

(K) Unemployment benefits. An employee participating in this program will not be eligible for unemployment benefits.

(L) Holiday pay. An employee participating in a VCS program on a day contiguous to a holiday is eligible to receive holiday pay pursuant to section 124.18 of the Revised Code.

(M) VCS program agreement approval process.

(1) An employee seeking to participate in the VCS program pursuant to paragraphs (D)(1) and (D)(2) of this rule will complete and submit a signed VCS program agreement to the appointing authority at least thirty days prior to commencement of the leave of absence or implementation of a reduced schedule. An appointing authority may waive the thirty day notice requirement and authorize a minimum of fewer than thirty days advanced notice. An employee seeking to participate in the VCS program pursuant to paragraph (D)(3) of this rule will complete and submit a signed VCS program agreement to the appointing authority by June first for the following fiscal year.

(2) The VCS program agreement becomes effective upon the signature of the appointing authority .

(3) Even after the VCS program agreement is effective, the appointing authority retains the sole discretion to approve or deny an employee's leave request. The appointing authority will ensure that any impact on operations as a result of such work arrangements is minimal and additional costs do not result.

(4) The appointing authority will notify an employee of the status of the request no later than seven days before the effective day of the leave of absence or the implementation of the reduced schedule.

(N) Termination.

(1) Program agreements entered into pursuant to paragraphs (D)(1) and (D)(2) of this rule may be terminated by the employee upon ten working days notice in writing to the appointing authority unless mutually agreed to otherwise or may be terminated by the appointing authority through providing ten working days notice in writing to the employee.

(2) Program agreements entered into pursuant to paragraph (D)(3) of this rule will not be terminated prior to the end of the fiscal year in which the agreement was entered into.

Last updated December 11, 2023 at 9:55 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.392
Five Year Review Date: 9/15/2028
Prior Effective Dates: 7/1/2009 (Emer.), 9/27/2009

Rule 123:1-34-11 | Mandatory cost savings program.

• Effective: December 10, 2023
• Promulgated Under: 119.03

(A) Pursuant to division (C) of section 124.392 of the Revised Code, the mandatory cost savings program has been created as a tool to reduce costs. The program is a non-permanent reduction in wages for employees who are exempt from collective bargaining and paid by warrant of the director of budget and management. The program consists of either time off or loss of holiday pay as described in this rule.

(B) Except as provided in paragraph (H) of this rule, full-time permanent employees shall use ten cost savings days (CSDs) in the fiscal year beginning July 1, 2020 for a total of eighty hours. Full-time permanent employees who are hired after the effective date of this rule, but prior to the end of fiscal year 2021, shall use a prorated amount of CSDs equal to 3.076 hours for each pay period remaining in the fiscal year.

(C) The employee's gross pay will be reduced by an amount equal to 3.076 hours of the employee's total rate of pay each pay period. This provision shall also apply to full-time employees who are receiving a paid leave benefit, including but not limited to, occupational injury leave, salary continuation, or disability benefits.

If the secretary of state, auditor of state, treasurer of state, or attorney general has confirmed in writing participation in the CSDs program, the gross pay of the impacted employees will be reduced by an amount equal to 3.076 hours of the employee's total rate of pay each pay period.

If the secretary of state, auditor of state, treasurer of state, or attorney general has modified the cost savings day amount for their respective employees pursuant to statutory authority, the gross pay of the impacted employees will be reduced by an amount calculated by the department of administrative services based on the number of pay periods left in the fiscal year. The calculated amount will instead apply to employees of the impacted office wherever 3.076 appears in this rule .

(D) Scheduling CSDs. Leave for CSDs shall be scheduled as determined appropriate with respect to the employee's regular work schedule. No employee shall be permitted to use CSDs before July 1, 2020 or after June 5, 2021.

(1) In consultation with the department of administrative services, appointing authorities may indicate dates that employees may not schedule CSDs ("black out" days). Black out days may be work unit specific. Black out days will be established by August 1, 2020.

(2) Appointing authorities may not require their employees to utilize their CSDs on a specific work day without prior review and approval by the department of administrative services.

(3) Employees will schedule leave for CSDs in a manner determined by their appointing authority. Appointing authorities may set agency-specific criteria to determine whether or not to grant leave for CSDs for the dates the employee requests. If an appointing authority declines to grant a requested CSD, the employee shall request a different date. Appointing authorities must allow employees to schedule and take all of their CSDs before June 5, 2021.

(4) Employees who have planned retirement dates must schedule a prorated amount of CSDs equal to 3.076 hours each pay period they are scheduled to work in state service prior to retirement.

(5) Employees may use available CSDs to cover any waiting period that is required as part of a state-paid leave or benefits program for employees, such as adoption/childbirth leave or disability leave. For purposes of this rule, a CSD is only "available" for use during a waiting period if the employee's gross pay has been reduced by an amount sufficient to cover the use of the CSD.

(E) The impact of CSDs on overtime and compensatory time.

(1) CSDs shall not be included in the definition of active pay status for the purpose of earning overtime or compensatory time for employees who are eligible to earn overtime.

(2) CSDs shall be included in the definition of active pay status for the purpose of earning compensatory time for employees that are not eligible to earn overtime.

(F) Equalization.

(1) Except as provided in paragraph (F)(2) of this rule, employees who are prevented by their appointing authority from taking CSDs shall have the appropriate corrections made to their paycheck.

(2) Employees shall not be entitled to receive compensation for unused CSDs if they are exempt from overtime compensation and are:

(a) In pay range fourteen or above on the E-1 scale;

(b) Annually paid $66,061 or above on the E-2 scale;

(c) Annually paid $66,061 or above through their appointing authority's ability to set compensation; or

(d) Working in the governor's office.

(3) Employees who leave state service prior to the equalization of CSDs used and deductions made, or prior to the equalization of holiday pay lost and deductions made, shall have appropriate corrections made to the employee's final paycheck or deducted from the employee's leave balances.

(G) Unpaid leave of absence. Employees who have prescheduled unpaid leave of absences shall use available CSDs prior to going out on the unpaid leave of absence. Employees who are not receiving compensation as a result of an unpaid leave of absence shall not be required to have their gross pay reduced during the pay periods they are out on unpaid leave. Upon their return to work, employees shall use a prorated amount of CSDs equal to 3.076 hours for each pay period remaining in the fiscal year.

(H) Individuals in the director classification series will not be permitted out of the workplace for CSDs. The appointing authority may designate other individuals who are not permitted out of the workplace for CSDs only with the prior approval of the director of the department of administrative services.

(I) Instead of CSDs, the employees listed in paragraph (H) of this rule, other than the individuals in the director classification series, will not receive holiday pay for any holiday during the fiscal year beginning on July 1, 2020 for a total of eighty hours. The employee's gross pay will be reduced by an amount equivalent to 3.076 hours of the employee's total rate of pay each pay period. This provision shall apply to full-time employees listed in paragraph (H) of this rule who are receiving a paid leave benefit, including but not limited to, occupational injury leave, salary continuation, or disability benefits. Individuals in the director classification series will receive a four per cent pay decrease in lieu of CSDs.

(J) Part-time permanent employees will not receive holiday pay for any holiday during the fiscal year beginning on July 1, 2020 for a total of ten days. Part-time permanent employees will lose their entire amount of holiday pay each pay period that contains a holiday. Part-time permanent employees will be given credit equivalent to four hours only for the purpose of computing leave accrual and calculating the benefits tier.

(K) Leave accruals and health insurance shall not be impacted for full-time employees under the mandatory cost savings program.

(L) The mandatory cost savings program will not impact service credit or the calculation of retention points.

Last updated December 11, 2023 at 9:55 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.392
Five Year Review Date: 9/15/2028
Prior Effective Dates: 9/27/2009, 6/26/2010

Rule 123:1-34-12 | Caregiver leave.

• Effective: December 19, 2023
• Promulgated Under: 119.03

(A) As used in section 124.1312 of the Revised Code:

(1) "Foster caregiver" means an eligible employee holding a valid foster home certificate issued under section 5103.03 of the Revised Code, and who is caring for a child in place of the child's parents.

(2) "Kinship caregiver" means an eligible employee who is eighteen years of age or older who has signed an attestation to one of the relationships listed below, and is caring for a child in place of the child's parents;

(a) The following individuals related by blood or adoption to the child:

(i) Grandparents, including grandparents with the prefix "great," "great-great," or "great-great-great";

(ii) Siblings;

(iii) Aunts, uncles, nephews, and nieces, including such relatives with the prefix "great," "great-great," "grand," or "great-grand";

(iv) First cousins and first cousins once removed.

(b) Stepparents and stepsiblings of the child;

(c) Spouses and former spouses of individuals named in divisions (A)(2)(a) and (A)(2)(b) of this rule;

(d) A legal guardian of the child;

(e) A legal custodian of the child;

(f) Any nonrelative adult that has a familiar and long-standing relationship or bond with the child or the family, which relationship or bond will ensure the child's social ties.

(3) "Eligible employee" means any permanent full-time or part-time employee paid in accordance with section 124.152 of the Revised Code and each employee listed in division (B)(2), (B)(3), or (B)(4) of section 124.14 or the Revised Code who works thirty or more hours per week. In determining if a permanent part-time employee works thirty or more hours per week, the average number of regular hours worked, which includes all hours of holiday pay and other types of paid leave, during the three-month period immediately preceding the day caregiver leave begins are to be used to determine eligibility for leave under this rule. If an employee has not worked for a three-month period, the number of hours for which the employee has been scheduled per week during the employee's period of employment are used to determine eligibility for leave under this rule.

(4) "Placement" means:

(a) For a foster caregiver, the point in time that the foster caregiver is authorized to provide care for a child by a public children services agency as defined in section 5153.01 of the Revised Code or a private child placing agency as defined in section 2151.011 of the Revised Code,

(b) For a kinship caregiver, the point in time that the child begins living in the kinship caregiver's home for the purpose of the kinship caregiver providing care for a child in place of the child's parents on a permanent or indefinite basis.

(5) "Child" means either of the following:

(a) Any person under eighteen years of age; or

(b) Any person who has been adjudicated by a court of competent jurisdiction as incapable of self-care due to a physical or mental impairment, intellectual disability, or developmental disability.

(6) "Incapable of self-care" has the same meaning as set forth in 29 C.F.R. 825.102.

(B) For the purposes of determining when the leave provided for in section 124.1312 of the Revised Code begins:

(1) If a child is placed before or during the foster caregiver's or kinship caregiver's regularly scheduled work hours, eligibility for caregiver leave will begin on the day the placement occurs.

(2) If a child is placed after the foster caregiver's or the kinship caregiver's regularly scheduled work hours, eligibility for caregiver leave will begin on the next regular work day for the foster caregiver or the kinship caregiver.

(C) Leave entitlement.

(1) Each foster caregiver or kinship caregiver will receive a maximum of five days of caregiver leave in any calendar year regardless of the number of placements or children placed with the foster caregiver or kinship caregiver during the calendar year.

(2) Unused caregiver leave will expire at the end of each calendar year.

(3) Unused caregiver leave does not carry forward at the end of a calendar year.

(4) Caregiver leave cannot be converted to cash, even if it remains unused at the end of the calendar year.

(5) Eligibility for this benefit ends when the child is no longer placed in the person's home or if the employee qualifies for parental leave for the same child.

(D) Procedure to establish eligibility for caregiver leave.

(1) In order to be eligible to use caregiver leave, a foster caregiver or kinship caregiver will provide the appointing authority with either a valid foster home certificate issued under section 5103.03 of the Revised Code or an attestation of a proper kinship relationship as set forth in paragraph (A)(2) of this rule.

(a) The appointing authority will request an updated foster home certificate if the certificate on file with the appointing authority expired or is scheduled to expire in the near future. However, such requests have to be in conjunction with a request to use caregiver leave.

(b) The appointing authority may request an updated attestation of a proper kinship relationship as needed. However, such requests have to be in conjunction with a request to use caregiver leave.

(2) When possible, the foster caregiver or kinship caregiver will establish eligibility for caregiver leave as set forth in paragraph (D)(1), or will give the appointing authority advance notice of the intent to become a foster caregiver or kinship caregiver, prior to their first use of caregiver leave. In other cases, the eligible employee will provide the appointing authority with the documentation set forth in paragraph (D)(1) of this rule within two working days of returning to work following their first use of caregiver leave.

(3) Caregiver leave requested by an eligible foster caregiver or kinship caregiver will be granted by the appointing authority up to the maximum amount of caregiver leave available to the requester at the time of the request. Caregiver leave can be used in units of one-tenth of an hour.

(E) Caregiver leave is active pay status for purposes of determining overtime and receiving other benefits.

(F) Interaction with other types of leave.

(1) Use of caregiver leave does not impact an employee's eligibility to receive holiday pay.

(2) An otherwise eligible employee who is receiving workers' compensation is not eligible to use caregiver leave while receiving workers' compensation benefits.

(3) An otherwise eligible employee who is receiving disability leave or parental leave benefits is not eligible to use caregiver leave while receiving disability leave or parental leave benefits. An otherwise eligible employee is not eligible to use caregiver leave during an employee's waiting period for disability leave benefits.

(4) An otherwise eligible employee who is receiving occupational injury leave or salary continuation is not eligible to use caregiver leave while receiving occupational injury leave or salary continuation benefits.

(5) Caregivers who are also eligible for FMLA leave will have their caregiver leave count concurrently as FMLA leave only in circumstances described below:

(a) Bonding with recently placed foster child: Caregiver leave will count concurrently as FMLA leave for foster caregivers who use caregiver leave to bond with a recently placed foster child, within twelve months of the child's placement. Caregiver leave used by kinship caregiver to bond with a recently placed child will not count concurrently as FMLA leave.

(b) To provide for a foster child or a child under kinship care with a serious health condition: Caregiver leave will count concurrently as FMLA leave for foster caregiver or a kinship caregiver who uses leave to care for a child with a serious health condition who has been placed in the employee's care as described in paragraph (A)(1) of this rule.

Last updated December 19, 2023 at 8:46 AM

Supplemental Information

Authorized By: 124.1312
Amplifies: 124.1312
Five Year Review Date: 9/15/2028