This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 123:1-41-01 | Layoffs.
Effective:
December 1, 2022
(A) Employees in the classified civil
service of the state and state-supported colleges and universities may be laid
off whenever a reduction in force is necessary due to a lack of funds, lack of
work, or the abolishment of positions. (B) If it becomes necessary for an
appointing authority to reduce its work force, the appointing authority will
lay off employees in accordance with sections 124.321 to 124.327 of the Revised
Code and the rules of this chapter of the Administrative Code. (C) If an appointing authority abolishes
positions in the civil service, the abolishment of positions and any resulting
displacement of employees will be made in accordance with sections 124.321 to
124.327 of the Revised Code and the rules of this chapter of the Administrative
Code.
Last updated December 1, 2022 at 10:33 AM
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Rule 123:1-41-02 | Determination of lack of funds and lack of work for agencies whose employees are paid by warrant of the director of budget and management.
Effective:
December 1, 2022
(A) Determination of lack of funds. The
director of the office of budget and management will be responsible for
determining whether a lack of funds exists for appointing authorities whose
employees are paid by warrant of the director of budget and management. The
determination of lack of funds will be made in accordance with the rules
promulgated by the director of budget and management. (B) Determination of lack of work. The
director of administrative services determines whether a lack of work exists
for appointing authorities whose employees are paid by warrant of the director
of budget and management. The appointing authority files along with a request
for determination of lack of work, adequate information to establish that a
lack of work exists. Such information may consist of a comparison between
current or projected work levels and work levels when a lack of work did not
exist, which may include statistical data and additional supporting
materials. (C) Verification of retention points.
Verification of retention points will not be completed prior to a determination
that a lack of work or lack of funds exists.
Last updated December 1, 2022 at 10:33 AM
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Rule 123:1-41-04 | Abolishment of positions in the classified service.
Effective:
December 1, 2022
(A) Reasons for abolishment. An
appointing authority may abolish positions in the classified civil service for
any of the following reasons: as a result of a reorganization for the efficient
operation of the appointing authority; for reasons of economy; or for lack of
work. (B) Determination and filing a statement
of rationale and supporting information. The determination to abolish positions
will be made by the appointing authority. The appointing authorities of state
agencies whose employees are paid by warrant of the director of budget and
management will file with the director of administrative services a statement
of rationale and supporting information for the determination to abolish
positions. The statement of rationale and supporting information will contain
information as is available prior to the time the layoff notices are mailed or
delivered to the employees to be laid off as a result of the
abolishments.
Last updated December 1, 2022 at 10:33 AM
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Rule 123:1-41-06 | Determination by appointing authority of classifications for layoff.
Effective:
December 1, 2022
Whenever a reduction in the work force is
necessary, the appointing authority determines the classification or
classifications in which the layoff or layoffs will occur and the number of
employees to be laid off within each classification.
Last updated December 1, 2022 at 10:34 AM
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Rule 123:1-41-07 | Order of layoff of employees.
Effective:
December 1, 2022
(A) Appointment categories established.
For purposes of this chapter the appointment categories and order of layoff of
employees are as follows: part-time probationary, part-time permanent,
full-time probationary, and full-time permanent. (B) Progression of layoff. Layoffs will
be based upon retention point order beginning with the employee having the
fewest retention points and continuing to the employee with the most retention
points. Retention point lists will be compiled in descending retention point
order. In cases where two or more employees have identical retention points the
tie will be broken in accordance with rule 123:1-41-09 of the Administrative
Code. (C) Order of layoff. In the classification(s) selected for layoff
the appointing authority will layoff employees and employees will displace
employees using the following "order of layoff": (1) Part-time
probationary employees in the same classification who have not completed their
probationary period or six months of continuous service in the position,
whichever is longer. (2) Part-time permanent
employees in the same classification who have completed their probationary
period or six months of continuous service in the position, whichever is
longer. (3) Full-time probationary employees in
the same classification who have not completed their probationary period or six
months of continuous service in the position, whichever is longer. (4) Full-time permanent employees in the
same classification who have completed their probationary period or six months
of continuous service in the position, whichever is longer.
Last updated December 1, 2022 at 10:34 AM
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Rule 123:1-41-08 | Verification of retention points.
Effective:
December 1, 2022
(A) General. This rule is only applicable
to positions in the service of the state. Employees shall be laid off using the
following process for systematic consideration of continuous service. An
employee's total retention points will be the sum of the base retention
points plus the retention points assigned for continuous service. (B) Computation of retention points. The
appointing authority computes the total retention points for each employee in
the classifications affected by a layoff or position abolishment, including the
classifications in which displacement may occur. If an appointing authority indicated a different
continuous service date for which retention points are calculated than the date
indicated by the director, then the difference must be supported by
documentation and be submitted with the list. (C) Date for calculation of retention
points. Retention points will be calculated as of the pay period ending date
prior to the pay period in which retention points are received by the director
for verification. (D) Submission of information to the
director. The appointing authority submits the list of employees' computed
retention points, the number of pay periods of continuous service for each
employee, a list of available vacancies within the same layoff jurisdiction as
applicable, statement of rationale, and supporting documentation with the
request for verification. Appointing authorities will also provide a breakdown
of the dates and number of pay periods of continuous service for employees with
a combination of full-time and other than full-time service. This documentation
will be used to verify retention points. The list submitted for verification of
retention points identifies those persons being considered for layoff and/or
the positions being considered for abolishment. (E) Verification by the director. The
director verifies the calculation of retention points of the employees of
appointing authorities whose employees are paid by warrant of the director of
budget and management. Notification by appointing authorities to affected
employees will not occur prior to the director's verification of retention
points. (F) Movement into and out of affected
classifications. Once an appointing authority has submitted the list of
retention points and employees to the director the appointing authority may not
hire into or move employees into or out of affected classifications by means of
promotions, intra-transfers, voluntary demotions, position control number
change, lateral or classification changes, or reassignments, except that
inter-transfers out of an agency or implementation of the findings of a
position audit commenced prior to the date of the submission of the list for
verification of retention points will be implemented. (G) Personnel actions and recall lists.
Personnel action forms and recall lists resulting from a layoff or displacement
will be received by the director at least seven calendar days prior to the
effective date of a layoff or displacement. Appointing authorities whose
employees are paid directly by warrant of the director of budget and management
will include all forms submitted by the employee indicating the counties the
employee designated as acceptable for recall purposes for reinstatement or
reemployment with the personnel action forms. (H) Notice of layoff, displacement, and
sick leave conversion forms. A copy of the notice of layoff or displacement to
employees will be forwarded to the director with the personnel actions
resulting from a layoff. If an employee had displacement rights in a layoff the
appointing authority indicates to the director whether or not the employee
exercised those displacement rights. If the employee did not exercise
displacement rights or the employee did not notify the appointing authority of
a desire to exercise displacement rights, the personnel action forms or other
appropriate forms, will indicate that fact.
Last updated December 1, 2022 at 10:34 AM
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Rule 123:1-41-09 | Computation of retention points.
Effective:
December 1, 2022
(A) Assignment of retention points for
continuous service. Employees will be assigned a base of one hundred retention
points. Computation of retention points for continuous full-time service will
be made by crediting each employee with one retention point for each bi-weekly
pay period of continuous service. For the purposes of calculating retention
points, full-time service includes service as a full-time permanent, full-time
seasonal, full-time interim, or full-time temporary employee, for full-time
seasonal, full-time interim, or full-time temporary service, credit will be
given only for those pay periods in which the employee was scheduled to work.
If an employee is in a full-time position at any time during a pay period, they
are considered full-time for the entire pay period. Retention points for continuous service for other
than full-time service will be calculated on the basis of one-half (0.50) point
for each bi-weekly pay period of continuous service. Retention points computed for full-time
continuous service and other than full-time continuous service, whenever
applicable, will be combined to determine an employee's total retention
points. Overtime will not be considered for purposes of computation of
retention points for continuous service. (B) Tie breaker. In the event two or more
employees have identical retention points as calculated by this rule, the tie
will be broken by utilizing the following methods, in the following
order: (1) First, employees
having most recent date of continuous service from which no break in service
has occurred will be laid off or displaced first; and (2) Second, the
appointing authority determines the employee to be laid off or displaced
first. (C) Continuous service of employees. In
the event an employee is transferred, the employee's length of continuous
service will be deemed unbroken so long as no break in service occurs from one
layoff jurisdiction to another. In the event an employee is transferred from
one appointing authority to another or receives an appointment with another
appointing authority, e.g., from one state agency to another, from a county
office to a state agency, from a state agency to a state-supported college or
university, etc., the employee's length of continuous service will be
deemed unbroken so long as no break in service occurs from one appointing
authority to another. "Continuous service" and "break in
service" are defined in paragraph (A) of rule 123:1-47-01 of the
Administrative Code.
Last updated December 1, 2022 at 10:34 AM
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Rule 123:1-41-10 | Notification of layoff or displacement.
Effective:
December 1, 2022
(A) Notification of layoff or
displacement. Each employee to be laid off will be given advance written notice
by the appointing authority after the employee's retention points have
been verified by the director. Such written notice will be hand-delivered to
the employee at least fourteen calendar days before the effective date of
layoff or displacement and the day of the hand-delivery will be the first day
of the fourteen day period. Such written notice may instead be mailed by
certifed mail to the employee's last know address on file with the
appointing authority. If mailed, such notice will be mailed at least seventeen
calendar days before the effective date of the layoff or displacement. The day
the letter is mailed will be the first day of the seventeen-day
period. (B) Content of layoff or displacement
notice. Each notice of layoff or displacement will contain the following
information: (1) The reason for layoff
or displacement; (2) The effective date of
the layoff or displacement; (3) The employee's
accumulated retention points; (4) The right of the
employee to appeal a layoff or displacement to the state personnel board of
review and that the appeal be filed or postmarked within ten calendar days
after the employee is notified that he or she is to be laid off or
displaced; (5) A statement advising
the employee of the right to displace another employee and that the employee
will exercise displacement rights within five calendar days of the date the
employee is notified of the displacement or layoff; (6) A statement advising
the employee of the right to reinstatement or reemployment; (7) A statement that,
upon request by the employee, the appointing authority will make available a
copy of Chapter 123:1-41 of the Administrative Code; (8) A statement that the
employee is responsible for maintaining a current address with his or her
appointing authority; (9) A statement that the
employee may have the option to convert accrued unused leave, if such
opportunity to convert leave exists; and (10) For employees of
state agencies, boards, or commissions, a statement that the employee has the
option to select the counties within the layoff district that the employee
desires to be on the recall lists.
Last updated December 1, 2022 at 10:35 AM
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Rule 123:1-41-11 | Displacement and appeal rights of employees.
Effective:
December 1, 2022
(A) Exercising of option to displace. An employee who is to be
laid off, or displaced as a result of a layoff, may exercise displacement
rights under the provisions of this chapter or be laid off. Displacement occurs
on the date an employee is notified that another employee has exercised his or
her right of displacement and that the employee with fewer retention points is
to be displaced. A displaced employee may exercise the right to displace
another employee if such right to displace exists. Displacement rights of an
employee may only be exercised within the employees appointing authority and
within the layoff jurisdiction as established in this chapter. If the displaced
employee does not have the right to displace another employee, then the
displaced employee will be laid off. (B) Displacement related to the
abolishment of a position. Any displace of an employee paid by warrant of the
director of budget and management to another headquarter county within the same
layoff jurisdiction due to the abolishment of positions and the operation of
this chapter will not be construed to be a transfer. (C) Time to exercise displacement rights.
Employees will notify their appointing authorities, in writing, of their
intention to exercise their displacement rights within five calendar days after
receipt of notice of layoff or displacement. (D) Displacement of employee with fewest
retention points. Within the order of displacement set forth in rule
123:1-41-12 of the Administrative Code a laid-off employee exercising
displacement rights displaces the employee with the fewest retention points.
Employees will only have the right to displace employees with fewer retention
points in the order established in rule 123:1-41-07 of the Administrative
Code. (E) Classifications with parenthetical subtitles. For purposes of
displacement, the parenthetical subtitles of a classification are deemed
separate, but equivalent, classifications. Employees in positions with a
parenthetical subtitle may displace into the classification(s) in the
classification series with the equivalent or lower pay range(s). Employees in
positions in a classification series that contains parenthetical subtitles may
displace employees in positions with parenthetical subtitles. Any displacement rights into or from positions
with parenthetical subtitles are subject to the displacement provisions of this
chapter. (F) Displacement into positions with special qualifications. No
employee displaces an employee for whose position or classification has special
minimum qualifications unless the employee desiring to displace another
employee possesses the requisite minimum qualifications or bona fide
occupational qualifications for the position or the classification. The special
qualifications will be established by a position description for the position,
by classification specification minimum qualifications statement, or by bona
fide occupational qualifications for the position(s) or classification. The
appointing authority will be responsible for establishing the necessity of
special qualifications for a position. (G) Rate of pay for an employee following displacement. An
employee exercising displacement rights to a position, or an employee displaced
as a result of a layoff or abolishment, will be paid according to the pay range
assigned to the classification into which the employee displaced or was
displaced. The employee will be assigned to a rate in the pay range assigned to
the new classification which is equivalent or nearest to, but not exceeding,
the rate the employee was paid in his or her prior classification. If the rate
the employee was assigned in his or her prior classification exceeds the
highest rate in the pay range assigned to the new classification the employee
will be assigned the highest rate assigned to the new
classification. (H) Appeal rights. A classified employee may appeal a layoff, or
a displacement which is the result of a layoff, to the state personnel board of
review. Such appeal will be filed or postmarked no later than ten calendar days
after the employee receives notice of the layoff or the date the employee is
displaced. An employee will be considered displaced the date the employee is
notified that another employee has exercised his or her right to displace the
employee from the employee's position. An appeal will be made in
accordance with the rules promulgated by the state personnel board of
review.
Last updated December 1, 2022 at 10:35 AM
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Rule 123:1-41-12 | Order of displacement for employees in the service of the state.
Effective:
December 1, 2022
Employees in the service of the state who are
laid-off or displaced as a result of a layoff who have the right to displace
shall exercise their displacement rights in the following order: (A) Displacement within the
classification. An employee who is to be laid off or displaced may fill an
available vacancy, or if no vacancy exists, displace within his or her
classification. If the employee exercises the right to displace within his or
her classification, he or she displaces the employee with the fewest retention
points in that classification. (B) Displacement within the
classification series. An employee who is to be laid off or displaced may fill
an available vacancy, or if no vacancy exists, displace the employee with the
fewest retention points in the next lower and then successively lower
classifications in the classification series. This process continues, if
necessary, until the employee with the fewest retention points in the lowest
classification of the classification series has been reached and, if necessary,
laid off. (C) Displacement to a classification previously held. An employee
who is to be laid-off or who is displaced may fill an available vacancy, or if
no vacancy exists, displace the employee with the fewest retention points in
the classification the laid-off or displaced employee held immediately prior to
his or her current classification, provided the classification is lower or
equivalent classification to the employee's current
classification. A laid-off or displaced employee may displace
into a classification previously held if: (1) The laid-off or displaced employee
held a position in the previous classification within the three years preceding
the date an employee was laid off or displaced; and (2) The laid-off or displaced employee
still meets the minimum qualifications of the previous classification;
and (3) The laid-off or displaced employee
has successfully completed his or her original probationary
period. (D) Displacement to another appointment type. Notwithstanding the
provisions of this rule, an employee will not have to accept a position with a
lesser appointment type until the employee has had the opportunity to exercise
displacement rights as provided in rule 123:1-41-11 of the Administrative
Code. (E) Displacement rights of an employee previously displaced. If,
after an employee has exercised his or her displacement rights, the employee is
to be laid off or displaced due to a subsequent layoff, the employee's
displacement rights will be in accordance with the classification from which he
or she was first displaced, provided however, the employee has rights to
reinstatement or reemployment in his or her previous classification. The
employee's displacement rights from a previously held classification
exists for a one-year period beginning with the date of the original layoff or
displacement or until such time as the employee is removed from a layoff
list.
Last updated December 1, 2022 at 10:35 AM
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Rule 123:1-41-13 | Layoff jurisdiction districts for state agencies, boards, commissions and independent institutions with employees in the service of the state.
Effective:
December 1, 2022
(A) General. Each layoff jurisdiction is
autonomous and layoff, displacement, reinstatement, and reemployment rights and
procedures apply only within the jurisdiction affected by the layoff. The order
of layoff as provided in rule 123:1-41-07 of the Administrative Code applies
within each of the layoff jurisdictions. For purposes of this chapter, an
"independent institution" means an institution under the control of a
managing officer or board of trustees with the power to appoint or remove
employees as provided by statute whose employees are in the service of the
state. (B) District layoff jurisdiction. The
order of layoff will be followed on a district-wide basis within each state
agency, board, commission, and independent institution for the following
districts: (1) District 1 -
Defiance, Fulton, Henry, Paulding, Williams. (2) District 2 - Erie,
Lucas, Ottawa, Sandusky, Wood. (3) District 3 -
Crawford, Huron, Marion, Seneca, Wyandot. (4) District 4 - Allen,
Auglaize, Hancock, Hardin, Mercer, Putnam, Van Wert. (5) District 5 -
Champaign, Clark, Logan, Shelby. (6) District 6 - Darke,
Greene, Miami, Montgomery, Preble. (7) District 7 -
Delaware, Fairfield, Fayette, Franklin, Licking, Madison, Pickaway,
Union. (8) District 8 - Butler,
Clermont, Clinton, Hamilton, Warren. (9) District 9 - Adams,
Brown, Gallia, Highland, Jackson, Lawrence, Pike, Ross, Scioto,
Vinton. (10) District 10 -
Athens, Hocking, Meigs, Monroe, Morgan, Noble, Perry, Washington. (11) District 11 -
Belmont, Carroll, Coshocton, Guernsey, Harrison, Holmes, Jefferson, Muskingum,
Tuscarawas. (12) District 12 -
Ashland, Knox, Morrow, Richland. (13) District 13 -
Medina, Portage, Stark, Summit, Wayne. (14) District 14 -
Ashtabula, Columbiana, Mahoning, Trumbull. (15) District 15 -
Cuyahoga, Geauga, Lake, Lorain.
Last updated December 1, 2022 at 10:35 AM
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Rule 123:1-41-16 | Reinstatement rights.
Effective:
December 1, 2022
(A) Creation of recall lists for
reinstatement. Each appointing authority which has laid-off employees will
prepare recall lists of the names and appointment types of the employees laid
off. The recall lists will be compiled by the classifications in which the
employees were laid off with the names listed in descending retention point
order in each appointment category. These lists will be arranged by layoff
jurisdiction and be in reverse order of the order of layoff as established in
this chapter. The recall lists will contain the employee's
name, type of appointment, retention points, and date of commencement of
continuous service. In cases of identical retention point ratings, the order of
recall will be the reverse order of the layoff. Any ties of retention points
will be broken in accordance with the procedure established in rule 123:1-41-09
of the Administrative Code. (B) Period of eligibility on layoff
lists. An employee's name remains on the appropriate list for a period of
one year from the date the employee was first laid off or displaced from his or
her original classification. These recall lists will be thereafter administered
by the director. Recall lists will be utilized by the appointing authority only
within a layoff jurisdiction. (C) Administration of recall lists for
reinstatement to vacancies without position-specific minimum
qualifications. Vacancies that occur in a classification series
for which a recall list exists must be accepted or declined in writing by the
first person on the recall list for that classification series before the next
person on the recall list may be offered a vacancy. (D) The administration of recall lists
for reinstatement to vacancies with position-specific minimum qualifications,
established pursuant to rule 123:1-7-04 of the Administrative Code, will comply
with the following requirements: (1) Appointing
authorities may request up to five names off the recall list in response to a
position that has position-specific minimum qualifications. The first five
names, ranked in retention point order, will be sent to the
agency. (2) Appointing authorities will
administer a valid proficiency instrument to the first person on the recall
list to determine whether the person meets the position-specific minimum
qualifications. Therefore, for efficiency, the appointing authority may contact
all five people at once asking each one to demonstrate how that person meets
the position-specific minimum qualifications attached to the position. The
appointing authority notifies each contacted individual that the individuals
will only be considered in retention point order. The person with the most
retention points that meets the position-specific minimum qualifications will
be awarded the position. (3) After the appointing authority
identifies the person with the most retention points that meets the
position-specific minimum qualifications, that person must accept or decline
the vacancy in writing before the next person on the recall list may be
considered for reinstatement. If the person with the most retention points that
meets the position-specific minimum qualifications declines the position, and
the appointing authority contacted five people at once, the agency may review
the next person from the recall list in retention point order. (4) During the time when
five names are released to one appointing authority, the director will continue
to send the same five names to other agencies requesting the classification in
question. (E) In no event will any employee on the
recall list be offered a position in a classification with a higher pay range
assignment or appointment category than that of the classification or
appointment category from which the employee was laid off or
displaced. (F) Failure to exercise displacement
rights. A laid-off or displaced employee who chooses not to exercise the option
to displace will only be entitled to reinstatement to the classification from
which the employee was laid off or displaced. (G) Prohibition of movement into
classifications for which recall lists exists. In any layoff jurisdiction in
which an appointing authority has any employee on a recall list, the appointing
authority shall not hire or promote into the classification or the
classification series subject to the recall list. An appointing authority may
reassign or transfer employees within a classification and within the layoff
jurisdiction for which a recall list exists unless the director determines the
reassignment or transfer circumvents the recall process. Transfers of employees
will not be made into a different layoff jurisdiction if a recall list exists
for that layoff jurisdiction. (H) Probationary period. Any employee
reinstated under this rule will not serve a new probationary period when
reinstated; except, any employee laid off or displaced while serving an
original or promotional probationary period will begin a new probationary
period upon reinstatement.
Last updated December 1, 2022 at 10:35 AM
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Rule 123:1-41-17 | Reemployment rights.
Effective:
December 1, 2022
(A) General. Each laid-off or displaced
employee, in addition to the reinstatement rights set forth in this chapter,
has the right to reemployment with other agencies within the layoff
jurisdiction. The right to reemployment is limited to the same classification
from which the layoff or displacement initially occurred. (B) Creation of recall lists for
reemployment. The director creates, by appointment type, a jurisdictional
recall list for each classification by combining the recall lists of each
appointing authority within a layoff jurisdiction but excluding the names of
reduced employees. The name of a laid-off employee appears on a jurisdictional
recall list for the classification and appointment category from which the
employee was initially laid off or displaced. In cases of identical retention point totals,
those employees having the longest period of continuous state service, will be
placed on the list first, and if still unresolved, the director determines the
order of names on the list. An employee's name remains on the
jurisdictional recall list for a period of one calendar year from the date the
employee was first laid off or displaced from his or her original
classification. The director determines that the appointing
authority's recall list for employees entitled to reinstatement to that
classification has been exhausted before certifying any name from the
jurisdictional recall list. (C) Administration of recall lists for
reemployment to vacancies without position-specific minimum
qualifications. A vacant position must be accepted or declined in
writing by the first person on the jurisdictional recall list for that
classification before the next person on the jurisdictional recall list may be
considered for reemployment. (D) The administration of recall lists
for reemployment to vacancies with position-specific minimum qualifications
established pursuant to rule 123:1-7-04 of the Administrative Code will comply
with the following requirements: (1) Appointing
authorities may request up to five names off the recall list in response to a
position that has position-specific minimum qualifications. The first five
names, ranked in retention point order, will be sent to the
agency. (2) Appointing authorities will
administer a valid proficiency instrument to the first person on the recall
list to determine whether the person meets the position-specific minimum
qualifications. Therefore, for efficiency, the appointing authority may contact
all five people at once asking each one to demonstrate how that person meets
the position-specific minimum qualifications attached to the position. The
appointing authority notifies each contacted employee that individuals will
only be considered in retention point order. The person with the most retention
points that meets the position-specific minimum qualifications will be awarded
the position. (3) After the appointing authority
identifies the person with the most retention points that meet the
positions-specific minimum qualifications, that person must accept or decline
the vacancy in writing before the next person on the recall list may be
considered for reemployment. If the person with the most retention that meets
the position-specific minimum qualifications declines the position, and the
appointing authority contacted five people at once, the agency may review the
next person from the recall list in retention point order. (4) During the time when
five names are released to one appointing authority, the director will continue
to send the same five names to other agencies requesting the classification in
question. (E) Probationary period. Any employee
reemployed under this rule will not serve a probationary period when
reemployed; except an employee laid off or displaced while serving an original
or promotional probationary period will begin a new probationary
period.
Last updated December 1, 2022 at 10:36 AM
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Rule 123:1-41-18 | Notification of reinstatement or reemployment.
Effective:
December 1, 2022
(A) Notification of recall. Each employee
recalled from layoff will be notified of the offer of reinstatement or
reemployment by certified letter and in accordance with a format prescribed by
the director. (1) The notice of
reinstatement will contain a statement that refusal of reinstatement results in
removal of such employee's name from the appointing authority's
recall list. (2) The notice of
reemployment will contain a statement that refusal of reemployment results in
removal of such employee's name from the jurisdictional recall
list. (3) For vacancies with
position-specific minimum qualifications, the notice of reinstatement or
reemployment will contain a statement that position-specific minimum
qualifications exist and a valid proficiency instrument will be administered to
determine that the person qualifies for the vacancy. The notice will also state
that failure to meet the position-specific minimum qualifications will result
in disqualification for that vacancy, but his or her name will remain on the
recall lists. (B) Period for response. Each recalled
employee will be allowed ten calendar days from the date of receipt of the
letter to return to work, and such time limit will be explained to the employee
in the notification of recall letter. In the event of extenuating circumstances (e.g.,
illness, injury, absence from city or state or other good cause as determined
by the director) preventing the employee from returning within the above time
limit, the employer will grant a reasonable extension, not to exceed sixty
calendar days. In the absence of extenuating circumstances, an
employee not accepting reinstatement or reemployment within ten calendar days
is deemed to have declined reinstatement or reemployment and the
employee's name will be removed from consideration for reinstatement or
reemployment in accordance with rule 123:1-41-19 of the Administrative
Code. (C) Current address for purposes of
reinstatement and reemployment. The employee is responsible for keeping a
current address on file with his or her appointing authority. The appointing
authority of state agencies, boards, or commissions will notify the director of
any changes in address of employees on recall lists. When the employee's
agency no longer exists, the employee is responsible to notify the director of
any address changes while on the recall list. (D) Selection of counties for
reinstatement or reemployment. When a state employee is laid off or displaced,
he or she may select the county or counties within the affected layoff
jurisdiction in which he or she is willing to accept reemployment or
reinstatement. If a laid-off or displaced employee designates no counties, the
employee will be placed on recall lists for reinstatement or reemployment in
all of the counties within his or her layoff jurisdiction.
Last updated December 1, 2022 at 10:36 AM
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Rule 123:1-41-19 | Removal from recall lists.
Effective:
December 1, 2022
(A) Any employee accepting or
declining reinstatement to the same classification and appointment type from
which the layoff or displacement initially occurred will be removed from both
the reinstatement and jurisdictional reemployment recall lists; except that any
employee declining reinstatement to a different appointment category than that
from which he was laid off or displaced or declining reinstatement for reasons
of hardship, as approved by the director will not be removed from either recall
lists. (B) Any employee accepting
reinstatement to a classification with a pay range lower than the
classification from which the employee was laid off or displaced remains on the
appointing authority's recall list for classifications in the
classification series with pay ranges higher than the classification to which
the employee was reinstated, up to and including the classification from which
the employee was laid off. (C) Any employee declining
reinstatement to a classification with a pay range lower than the
classification from which the layoff or displacement initially occurred will
not be removed from either the appointing authority's recall list or the
jurisdictional layoff list; except such employee will thereafter only be
offered reinstatement to a classification with a pay range higher than the
classification declined, up to and including the classification from which the
employee was laid off. (D) Any employee on the
jurisdictional recall list accepting or declining reemployment to the same
classification and same appointment type from which the employee was laid off
or displaced will be removed from the jurisdictional layoff lists. (E) Any employee on the
jurisdictional recall list accepting or refusing reemployment in a lesser
appointment category from which the layoff or displacement occurred will be
removed from the jurisdictional recall list for that appointment category and
any below. (F) If not removed under paragraphs
(A) to (E) of this rule, the name of any laid-off or displaced employee will be
removed from the appointing authority's recall list and the jurisdictional
recall list one calendar year after the employee was first laid off or
displaced from his original classification. In the event any displaced employee
is subsequently laid off or displaced, such employee's name will be
removed from the recall lists one calendar year after the subsequent
layoff.
Last updated December 1, 2022 at 10:36 AM
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Rule 123:1-41-20 | Inspection of layoff lists.
Effective:
December 1, 2022
(A) Posting of layoff lists. At least
fourteen calendar days prior to any layoff, the appointing authority prepares
and posts for inspection in a conspicuous and public place accessible to
affected employees a list containing the name, continuous service date, type of
appointment, status, classification, and retention points of all employees in
that classification and lower classifications in the classification series and
indicates thereon which employees will be laid off. (B) Availability of lists and rules.
The appointing authority's layoff list and copies of the administrative
rules regarding layoffs will, upon request, be made available for inspection
and copying to anyone during normal working hours. A reasonable charge for
reproduction may be made.
Last updated December 1, 2022 at 10:36 AM
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Rule 123:1-41-21 | Layoff of employees on sick leave, leave without pay, or receiving disability leave benefits.
Effective:
December 1, 2022
(A) Employees receiving sick leave at
time of layoff. Employees who are on sick leave at the time a layoff is
effective will be subject to layoff, under the provisions of this chapter. The
effective date of layoff or displacement of an employee will not be extended on
the basis that an employee is on sick leave. (B) Employees on leave of absence without
pay at time of layoff. An employee who is on a leave of absence without pay
under the provisions of rule 123:1-34-01 of the Administrative Code at the time
a layoff is effective will be subject to layoff under the provisions of this
chapter. The effective date of a layoff or of displacement for an employee will
not be extended on the basis that an employee is on a leave of absence without
pay. (C) Employees receiving disability leave
benefits at time of layoff. An employee who is receiving disability leave
benefits under the provisions of Chapter 123:1-33 of the Administrative Code at
the time a layoff is effective will be subject to layoff under the provisions
of this chapter. An employee who is to be laid off while receiving disability
leave benefits continues to receive disability leave benefits until the period
of disability is over and the employee would otherwise be able to return to
work. The receipt of disability leave benefits will be subject to the
provisions of Chapter 123:1-33 of the Administrative Code.
Last updated December 1, 2022 at 10:37 AM
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Rule 123:1-41-22 | Cash conversion of accrued leave at layoff, and restoration of leave credit.
Effective:
December 1, 2022
(A) General. Any employee who is eligible
for a cash conversion of their accumulated leave and who is laid off may have
his or her accumulated balances of vacation, personal leave, and sick leave
converted to a cash benefit according to the following: (1) Sick leave and
personal leave. Any accumulated unused balances of sick leave and personal
leave may be converted to cash in accordance with the rules established in
Chapter 123:1-32 of the Administrative Code; and (2) Any accumulated
unused balance of vacation may be converted to a cash payment at the time an
employee is laid off. Payment of any cash conversion made to
employees paid by warrant of the director of budget and management will be made
according to the provisions of Chapter 123:1-32 of the Administrative Code and
the procedures established by the director. (B) Reinstatement of leaves.
Employee's leave balances may only be reinstated if the employee's
layoff is disaffirmed by the state personnel board of review and the employee
submits a reimbursement for the entire amount of the leave balance previously
converted.
Last updated December 1, 2022 at 10:37 AM
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Rule 123:1-41-24 | Furloughs.
Effective:
December 1, 2022
(A) Pursuant to section 124.29 of the
Revised Code, the director may authorize an appointing authority to furlough
employees on a non-permanent basis based on a lack of funding from the federal
government at the appointing authority's discretion. (B) Impacted employees. An appointing
authority determines which employees are impacted based on the lack of federal
funding. (C) Procedures. (1) At least fourteen
days prior to the implementation of any furlough, the appointing authority
provides to the human resources division of the department of administrative
services a written explanation regarding the potential furlough. The written
statement will include the number of potentially impacted employees. At any
time after the written statement is provided, but before the notification to
employees, the appointing authority provides the department of administrative
services with a list of the employees subject to the furlough. The list will
include the employee's name, classification and employee identification
number. The appointing authority updates such statement and list of employees
as needed. (2) At least fourteen
days before the interruption of the federal funds causing the furlough, the
appointing authority will make a general announcement to employees using its
usual and customary means of agency-wide communications regarding the proposed
furlough. At least two day's written notice will be provided to any
identified employee prior to the implementation of the furlough. When
practical, longer notice to the impacted employees is encouraged. The notice to
the impacted employee will indicate the date the furlough is to
begin. (3) During a furlough, an
impacted employee will not report to work. Impacted employees will be notified
by the appointing authority of the date the employee is expected to return to
work. (4) The appointing
authority may extend a furlough based on the duration of the lack of funding
from the federal government. The appointing authority will promptly notify the
impacted employees in writing of any changes in the return to work date.
However, a furlough will not exceed four weeks for any impacted employee,
except as set forth in paragraph (C)(6) of this rule. Any impacted employee
that does not return to work when notified, and is not on a approved and
scheduled leave may be subject to disciplinary action. (5) Any employee on an
unpaid leave of absence at the time of a furlough, who would otherwise be
impacted by the furlough, remains on the unpaid leave of absence until the
expiration of the unpaid leave of absence. At the expiration of the unpaid
leave of absence, the employee will be immediately subject to furlough. If the
unpaid leave of absence is open-ended, the employee remains on the unpaid leave
of absence at least until the end of the furlough. (6) If during or at the
end of a furlough period, a layoff or abolishment of positions is necessary,
the appointing authority follows the provisions of Chapter 123:1-41 of the
Administrative Code and any applicable statutes. During any mandatory notice
period for a layoff or job abolishment, the impacted employees remains on
furlough. (D) Terms of furlough. (1) During the term of a
furlough, an impacted employee will not receive compensation from the
appointing authority, except as provided in this rule. (2) During the term of a
furlough, the appointing authority pays both the appointing authority's
share and the impacted employee's share of health insurance premiums, if
the impacted employee is enrolled at the time of the furlough. Upon returning
to work, the impacted employee will be placed on a payment plan. The payment
plan will be in place until such time as the impacted employee has repaid the
amount of the employee's share of health insurance premiums covered by the
appointing authority during the furlough period. If such an employee does not
return to work from a furlough, the impacted employee will repay the
employee's share of the health insurance premiums upon separation and such
amount may be deducted from the impacted employee's final
paycheck. (3) Impacted employees
continue to accrue leave based upon the employee's established work hours
while on furlough. Impacted employees will not be eligible to use any accrued
leave during a furlough period. (4) Impacted employees
continue to earn service credit during a furlough period for purposes of
vacation leave accruals and longevity, as long as the employee returns to work
when ordered. (5) The appointing
authority pays impacted employees for the loss of federally funded wages while
on furlough, only if funding for such lost federally funded wages is provided
by the federal government and such funding is specifically designated by the
Congress of the United States for such wage reimbursement. Any such
reimbursement to an impacted employee will be offset by any unemployment
benefits received by the impacted employee or interim wages of the impacted
employee earned while on furlough.
Last updated December 1, 2022 at 10:37 AM
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