This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3337-40-01 | Equal employment and educational opportunity.
Effective:
November 19, 2024
The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-001.html (A) Overview Ohio university values respect across differences
and the appreciation of diverse perpectives and cultures. In support of these
values, this policy sets forth the expectations and responsibilities for
maintaining a safe educational and employment environment free of
discrimination, harassment, and intimidation. Accordingly, Ohio university
prohibits discrimination and harassment against any person in employment or
educational opportunities because they are a member or perceived to be a member
of a protected class. The following are "protected classes": age,
ancestry, color, disability, ethnicity, gender, gender identity or expression,
genetic information, military service or veteran status, national origin,
pregnancy, race, religion, sex, sexual orientation, status as a parent or
foster parent, or any other bases under the law. Further in accordance with section 3320.05 of the
Revised Code, Ohio university prohibits intimidation by reason of race, color,
religion, or national origin. Members of the Ohio university community may not
retaliate against a person who has made a protected disclosure under this
policy. (B) Basis for policy The federal and state laws and regulations that
form the basis for this policy are listed on the office of equity and civil
rights compliance's website at
https://www.ohio.edu/equity-civil-rights/non-discrimination-policies-and-regulations. (C) Jurisdiction of policy These expectations apply to all members of the
Ohio university community, which includes, but is not limited to, students,
student organizations and student groups, faculty, administrators, staff,
trustees, and officers, and third parties such as agents, vendors, guests,
visitors, volunteers, and campers. Pursuant to section 3345.023 of the Revised Code,
a religious student group may require that its leaders or members adhere to its
sincerely held religious beliefs or student standards of conduct. This policy applies to Ohio university's
education programs and activities (defined as locations, events, or
circumstances, including employment, where the university exercises substantial
control). This includes but is not limited to property owned or controlled by
the university, regional campuses, online programs, and university-sponsored
events, activities, and travel. This policy also applies to buildings owned or
controlled by student organizations recognized by Ohio university and other
circumstances where the university has disciplinary authority. This policy may also apply to conduct outside of
Ohio university's education program and activities, including off-campus
or online conduct, when the conduct contributes to a hotile environment within
the university's education program or activities. (D) Limitations of scope Nothing in this policy shall be construed to
diminish or infringe upon any right protected under the First Amendment of the
U.S. Constitution; Article I, sections 3 and 11 of the Ohio Constitution; or
noncommercial expressive activity as defined in section 3345.0212 of the
Revised Code or university policy 01.041. (E) Prohibited conduct The following definitions will be used to
determine whether particular conduct constitutes a violation of this
policy. (1) Discrimination Discrimination occurs when an adverse action is
taken by a university community member against another university community
member with respect to employment or participation in an education program or
activity and the adverse action is based on the person's protected class.
Discrimination also includes failure to provide reasonable accomidations as
required by law or policy for disability, pregnancy, or religion.
Discrimination can take two primary forms: disparate treatment discrimination
and disparate impact discrimination. (a) Disparate treatment discrimination is any intentional
differential treatment of a person that is based on that person's
protected class and excludes the person from participation in, denies the
person benifits of, or otherwise adversely affects a term or condition of a
person's participation in a university program or activity, including
emplyment. (b) Disparate impact discrimination occurs when university
policies or practices that appear to be neutral unintentionally result in
disproportionate impact on a member of a protected class. Disparate impact
discrimination excludes a person from participation in, denies a person
benefits of, or otherwise adversely affects a term or condition of a
person's participation in a university program or activity, including
employment. (2) Harassment Harassment is defined as unwelcome verbal or
physical conduct that is directed toward a person or a group of persons on the
basis of any protected class listed in part (A) of this policy that, based on
the totality of the circumstances, is subjectively and objectively offensive
and so severe or persausive that it: (a) In the educational context, denies or limits a person's
participation in or full benefit of educational programs, activities, or
opportunities at Ohio university; or (b) In the employment context, unreasonably intereferes with a
person's work performance or creates a work environment that a reasonable
person would consider intimidating, hostile, or abusive or where enduring the
offensive conduct becomes a condition of continued employment. (3) Intimidation Intimidation is defined as aggravated menacing
(as defined by section 2903.21 of the Revised Code), menacing (as defined by
section 2903.22 of the Revised Code), criminal damaging or endagering (as
defined by section 2909.06 of the Revised Code), criminal mischief (as defined
by section 2909.07 of the Revised Code), or telecommunications harassment (as
defined by section 2917.21 of the Revised Code) by Ohio university faculty,
staff, or students by reason of the race, color, religion, or national origin
of another person or group of persons. (4) Sexual misconduct Ohio university's policy on sexual
misconduct, including sexual harassment, is set forth in policy 03.004. (5) Retaliation Retaliation is defined as adverse action or
threat of an adverse action taken by the university, or member thereof, in
response to a person who, in good faith, makes a protected disclosure under
this policy by: (a) Reporting suspected discriminatory, harassing, or
intimidating conduct to a supervisor or appropriate university
official; (b) Filing a complaint under federal or state law or
university policy that prohibits discrimination, harassment, or
intimidation; (c) Participating in an investigation or proceeding under
this policy; or (d) Opposing educational or employment practices that the
person reasonably believes discriminate against persons or groups of people in
violation of university policies. Members of the Ohio university community may
not directly or indirectly use or attempt to use the official authority or
influence of their positions or offices to interfere with a person's right
to make a protected disclosure to the person's immediate supervisor, other
appropriate administrator or supervisor within the operating unit, or other
appropriate university official about matters within the scope of this
policy. (F) Policy application (1) Responsibility All members of the university community are
responsible for creating and maintaining an employment and educational
environment that is free of discrimination, harassment, and intimidation. The
president of the university has delegated the responisibility of overseeing the
university's compliance with this policy to the director of equity and
civil rights compliance. The office of equity and civil rights compliance
("ECRC") is responsible for investigating all complaints brought
under this policy. (2) Right to file a
complaint Any member of the university community may file
a complaint with ECRC if they believe they have been discriminated against or
harassed on the basis of any status protected by federal or state law or
university policy (listed in paragraph (A) of this policy). In accordance with
section 3320.05 of the Revised Code, any student who has been subjected to
intimidation because of their race, color, religion, or national origin, may
file a complaint with the ECRC. Any person who believes they have been
retaliated against for a protected disclosure under this policy may report to
the ECRC. Third parties may file a complaint on behalf of a person they believe
has been adversely affected by conduct violating this policy. (3) Reporting
expectations All university employees (except those
professionals who maintain privilege pursuant to licensing or statutory
requirements, when acting in their capacity as such) are expected to
immediately report violations of this policy to ECRC if they receive a
complaint or violation or observe or learn of conduct that is reasonably
believed to have violated this policy. Graduate assistants and student
employees are expected to report violations of this policy if they become aware
of the violations in the course of their duties and those duties include
responsibility for the safety and wellbeing of other members of the campus
community or if they have supervisory, evaluative, grading, or advisory
responsibility over other members of the campus community. In addition to the expectation to report
identified in the prior paragraph, in some circumstances there is also a duty
to report all allegations of criminal conduct to law enforcement. Section
2921.22 of the Revised Code requires every person who knows that a felony has
been or is being committed to report it to law enforcement. Knowingly failing
to make a report is a criminal offense. If any person suspects or knows of
criminal activity occuring on university property, they should call the Ohio
university police department (OUPD) at (740) 593-1911 (in an emergency call 911
immediately). Incidents that occur off campus or at a regional campus should be
reported to local law enforcement. (4) Where to
report Reporters may use either of the options below
to submit a complaint about an alleged violation of this policy by an Ohio
university community member. Reports may be submitted regarding any alleged
violation. (a) Report online by clicking on sumbit a report at
https://www.ohio.edu/equity-civil-rights. Reports submitted online are routed
immediately to the director of equity and civil rights compliance
(ECRC) (b) File a report with ECRC by mail, phone, or email. A
report may be submitted at any time (including during non-business hours) using
the contact information below. Reports may also be made in person at ECRC on
business days when a staff member is available. "Equity and Civil Rights
Compliance 006 Lindley Hall Ohio University Athens, OH 45701 (740) 593-9140 (phone) equity@ohio.edu Inquiries and complaints may be made
externally to: Office for Civil Rights (OCR) U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-1100 Customer Service Hotline: (800)
421-3481 Fax: (202) 453-2172 TDD: (877) 521-2172 Email: OCR@ed.gov Web: http://ed.gov/ocr Inquiries and complaints involving employees
may be made externally to: Equal Employment Opportunity Commission
(EEOC) Cleveland Field Office Anthony J. Celebrezze Federal Building 1240 E. 9th Street, Suite 3001 Cleveland, OH 44199 Phone: (800) 669-4000" (5) Cooperation with
investigation A reporting party is expected to actively
provide information supporting their report in the time and manner deemed
necessary and appropriate by the university to conduct the investigation.
Failure to cooperate with the investigation process in a timely manner may
compromise the university's ability to conduct an investigation and
address allegations fully. All employees and students are expected to
participate and cooperate with investigations as requested by ECRC. (6) Privacy Every effort is made to preserve the privacy of
reports and the identities of those involved in investigations. This
information will not be shared except as necessary to carry out the purposes of
this policy, as required by law, or as permitted by the Family Educational
Rights and Privacy Act (FERPA). Ohio university employees may be provided with
information related to reports so they can respond to them and/or assist in
their assesment, investigation, and resolution. Ohio university reserves the
right to determine which officials have a legitamate educational interest in
being informed about incidents under this policy, pursuant to FERPA. When an investigation is undertaken, the
complaintant's identity and the allegations made in the report are
generally disclosed to the respondent. Further, the parties and their support
people have the opportunity to review the evidence that will be utilized in
making a determination. If a report contains sufficiently detailed
information about conduct that may constitute a felony, the matter will be
reported to law enforcement, as discussed in paragraph (F)(3) of this policy.
When required by the Clery Act, the Ohio university police department will be
provided information regarding the report so they can maintain the campus crime
log and assess if a timely warning should be issued to the campus. (7) Anonymous complaints Anonymous complaints will be accepted; however,
Ohio university may be limited in its ability to investigate or resolve
anonymous complaints because our ability to obtain additional information may
be compromised. If the anonymous complaint contains
sufficiently detailed information about conduct that may constitute a crime,
ECRC will notify the Ohio university police department. If the anonymous
complaint contains sufficiently detailed information about conduct that may
violate this policy, ECRC will exercise due diligence to address the reported
concerns identified with affected individuals and, where appropriate, planning
units. (8) Student conduct A violation of university policy 40.001:
Nondiscrimination in Education and Employment by a student, student
organization, or student group may also violate the student code of conduct.
Further, allegations of other conduct prohibited by the student code of conduct
may be investigated and adjudicated through the university policy 40.001
(grievance process) in conjuction with violations of university policy
40.001. (G) Investigation process ECRC will review all reports of discrimination,
harassment, and intimidation in accordance with the university policy 40.001
(grievance process) (linked from the references part of this policy. The standard of evidence applied to determine
responsibility for violation of this policy is the preponderance of the
evidence, meaning that the statements and information presented in the matter
must indicate to a reasonable person that it is more likely than not that there
has been a violation of the policy. Appropriate sanctions and/or remedies will be
determined and implemented when a violation is found. For a student respondent,
sanctions may include reprimand, disciplanary probation, suspension, and
expulsion. These sanctions may also be imposed on a student organization or
group. For an employee respondent, sanctions may include censure, reprimand,
suspension without pay, demotion and/or loss of tenure, and
dismissal/termination of employment. Sanctions take into account prior
disciplinary history, if any. In conjunction with a sanction, a respondent
found in violation of this policy may be assigned conditions of sanction,
including but not limited to access restriction, revocation of rights and
privileges, housing or worksite reassignment, educational activities,
etc. Remedies are designed to restore and ensure a
safe educational and/or employment environment free of discrimination,
harassment, and intimidation for the complainant. As appropriate, the parties may be provided with
the option to resolve the reported matter through informal resolution, also
detailed in the university policy 40.001 (grievance process). (H) Community education All Ohio university administrators, faculty, and
staff must receive training on this policy. The training will include
information about protected classes and the prohibition on discrimination,
harassment, and intimidation. The training will also include information about
how to respond to hate incidents (harassment and intimidation, as defined in
this policy) at the time they occur in a class or event held at Ohio
university. The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-001.html
Last updated November 19, 2024 at 8:20 AM
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Rule 3337-40-03 | Reasonable accomodations of sincerely held religious beliefs and practices.
Effective:
December 3, 2024
(A) A student may be absent for up to
three days each academic semester to take holidays for reasons of faith or
religious or spiritual belief system or participate in organized activities
conducted under the auspicies of a religious denomination, church, or other
religious or spiritual organization. There shall be no academic penalty as a
result of a student being absent as permitted in this policy. (B) Students shall be provided with
alternative accomodations with regard to examinations and other academic
requirments missed due to an absence described in paragraph (A) of this policy,
if both of the following apply: (1) The student's
sincerely held religious belief or practice severely affects the student's
ability to take an examination or meet an academic requirement. (2) The student provides
the instructor with written notice of the specific dates for which the student
requires alternative accomodations not later than fourteen days after the first
day of instruction in a particular course. (C) An instructor shall accept without
question the sincerity of a student's religious or spiritual belief
system. An instructor shall keep requests for alternative accomodations
confidential. An instructor shall schedule a time and date for an alternative
examination, which may be before or after the time and date the examination or
other academic requirement was originally scheduled but shall not do so without
prejudicial effect. (D) Instructors are required to include
in each course syllabus a statement regarding this policy. The statement shall
include both of the following: (1) A description of the
general procedure for requesting accomodations; (2) Contact information
for an individual whom a student may contact for more information about this
policy. (E) The office of equity and civil rights
compliance ("ECRC") is responsible for investigating all complaints
of discrimination and harassment that are based on any status protected by
federal or state law, or university policy and complaints of retaliation as it
relates to this policy. Students may notify equity and civil rights
compliance of any grievance with regard to the implementation of this policy by
filing a report at www.ohio.edu/equity-civil-rights or by contacting the
director by phone or email: Kerri Griffin, director and Title IX coordinator
Equity and civil rights compliance Lindley hall, 006 740.593.9140 Equity@ohio.edu (F) This policy must be posted
prominently on the "OHIO" webpage. Likewise, "OHIO" will
publish a nonexhaustive list of major religious holidays or festivals for the
next two academic years. However, the list may not be used to deny
accommodation to a student for a holiday or festival of the student's
faith or religious or spiritual belief system that does not appear on the
list.
Last updated December 3, 2024 at 8:37 AM
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Rule 3337-40-05 | Performance management for administrators.
Effective:
September 28, 2022
(A) General policy statement Performance management activities should promote
and support the institution's commitment to developing and retaining
high-performing, diverse workforce critical to supporting Ohio
university's mission and initiatives. University human resources
("UHR") manages official guidelines, procedures, timelines and tools
to ensure a consistent and effective approach to performance management across
the institution. (B) Program objectives Ohio university will maintain a performance
management program that: (1) Facilitates alignment
of institutional goals and priorities with individual contributions of
employees. (2) Enables supervisors
to set expectations for employees in a collaborative manner. (3) Provides an effective
framework for ongoing, useful feedback and coaching. (4) Ensures employees are
provided formal feedback about their performance at least annually.
(5) Provides objective
and consistent methodologies for measuring performance facilitating the
university's merit-based compensation practices. (6) Promotes the
professional growth and development of employees in support of more effective
performance and succession planning. (C) Annual goal setting and evaluations
Supervisors shall establish and record annual
performance goals and expectations with their direct reports as early as
possible in the performance cycle or when directed by their department or
planning unit. Before the end of the performance cycle, supervisors, including
temporary or interim supervisors, shall complete a formal year-end evaluation.
Excluding executive level positions, all evaluations shall be reviewed and
signed by the supervisor and the second level supervisor or designee as
specified in operational guidelines. Supervisors should refer to
https://www.ohio.edu/hr/performance/ for specific forms, guidelines, tools, and
other resources to be used in the performance management process. Non-compliance will be escalated to achieve
compliance. Performance evaluations are not grievable.
Employees may submit additional comments to be included in their personnel file
with their completed evaluations. Employees that feel that their evaluation is
a violation of policy 40.001 "Equal Employment and Educational
Opportunity," should contact the office of equity and civil rights
compliance.
Last updated September 28, 2022 at 8:41 AM
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Rule 3337-40-07 | Public records requests.
Effective:
December 27, 2022
The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-007.html (A) Scope and overview This policy serves to ensure compliance with the
Ohio Public Records Act, section 149.43 of the Revised Code, and to facilitate
the public's access to the university's public records. University records are organized and maintained
in accordance with the university's records retention schedules. All university employees have a duty to assist
with the university's public records process to ensure timely production
of public records. Any university employee who receives a public records
request is required to immediately notify the public records compliance
coordinator and, if the request is in writing, forward the request to the
public records compliance coordinator. (B) Definitions (1) "Record": A
document in any format- paper, electronic (including university e-mail),
created, received by, or coming under the jurisdiction of the university that
documents the organization, functions, policies, decisions, procedures,
operations, or other activities of the university. Electronic records include
emails, texts, voicemails. social media, and other forms of communication
technology. (2) "Public
record": A "record" kept by the university at the time a public
records request is made, subject to applicable exemptions from disclosure under
Ohio or federal law. Public records do not include, student education records,
attorney-client privileged records, an individual's personal notes,
confidential law enforcement and investigatory records, intellectual property
records, donor profile records, and other record exceptions described in
division (A)(1) of section 149.32 of the Revised Code. (C) Responsible university office and
public records compliance coordinator The office of legal affairs is the designated
university office to receive and review all requests for Ohio university's
public records and public records of the Ohio university foundation. An
employee within the office of legal affairs will serve as the university's
public records compliance coordinator, whose responsibilities include
coordinating and tracking the university's response. (D) Public records request process
Public records requests may be made in person, by
phone, or in writing. The most expedient method is to submit a public records
request in writing via e-mail to the public records compliance coordinator at
legalaffairs@ohio.edu. Requests may also be made to the office of
university communications and marketing media@ohio.edu. Information for making a request by other means,
including phone and in person, is available on the university's public
records web page at https://www.ohio.edu/legal. (1) Responsive timeframe
The university strives, as directed by Ohio
law, to promptly produce public records for the inspection and, within a
reasonable period of time, provide copies of requested public records to the
requester. "Prompt" and "reasonable" take into account the
breadth and clarity of the request, volume of records requested, location of
the records, medium in which the records are stored, and necessity of a legal
review and redaction. In cases where responsive records are voluminous and
production would take a substantial amount of time, the production would take a
substantial amount of of time, the production may take place in stages until
the response is complete. (2) Records request
content A public records request may only be for
existing records. Although no particular language is required, the request must
also be specific enough for the university to reasonably identify the records
being sought. Requesters are encouraged, although not
obligated, to make public records requests in writing. Requesters are also not
required to reveal their indentity or the purpose of their request, although
the university may ask to do so if such infomation could be helpful in
identifying the records being sought. (3) Denial and redaction
of records A request for infomation is not considered a
proper public records request and may be denied. The university is under no
obligation to create a record if no responsive record exists or cannot be
reasonably identified. In some circumstances, the university may, at its
discretion, respond by compiling and providing information in writing (creating
a record) when deemed practical. The university may also deny requests that are
ambiguous or overly broad or otherwise lack sufficient clarity to be able to
reasonably identify thr public records being sought. In such cases, the
requester will be afforded an opportunity to revise the request. Providing the
purpose of the request, which, as noted, is not required, may be helpful for
the university to identify the records being sought. All records retrieved in response to a public
records request are subject to legal review. If the university withholds,
redacts, or otherwise denies requested records, in whole or in part, an
explanation that includes legal authority will be provided. Any redaction will
be made visible to the requester. If the requester disagrees or is dissatisfied
with the university's response, the requester is encouraged to contact the
office of legal affairs. Redacting information within a record is
permissible is required or authorized by law. Examples of a permissible
redaction include, social security numbers, student education records,
intellectual property records, donor profile records and confidential law
enforcement records. (4) (E) Charge for copies and mailing costs
Under Ohio law, the university may charge for the
actual costs associated with producing copies and delivery. There is no charge
for university employee time to process the request. Nor is there a charge for
an electronic copy of records created and maintained in electronic form. The
university may require charges to be paid in advance. (F) Personnel files When a public records request is made for an
employee's personnel file, the university will, to the extent practicable,
notify the employee that her or his personnel records have been requested and,
if known, the identity of the requester. (G) Related policies and other
resources The following resources should be consulted as
appropriate: (1) Policy
12.020 (2) Policy
93.002 (3) The public may access
the Ohio attorney general's website and look under the publications
section for a complete manual on "Ohio's Sunshine Laws."
The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-007.html
Last updated December 28, 2022 at 8:53 AM
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Rule 3337-40-11 | Employee recognition awards.
The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-011.html (A) Overview This policy contains guidelines for providing
employee awards as incentives or as recognition of an employee's one-time,
exceptional achievement. Rewards and recognition are used to improve
performance, motivate employees, build confidence and increase employee
retention. Departments may choose whether or not to develop a defined reward
program. In absence of a defined reward program, units may give awards in
recognition of extraordinary performance or achievement. (B) Types of awards (1) Defined reward program These are documented reward programs developed,
communicated, and implemented in consultation with the university human
resources (UHR) compensation office. Defined reward program awards may be
offered to provide incentives to measurably increase: (a) Productivity (work
quality and or quantity) (b) Attendance (c) General employee
morale or health. All such programs or events must be monitored
for results, and the program, or event sponsorship, should be continued,
adjusted, or terminated as indicated. To be renewed, on-going incentive
programs or events must demonstrate measurable positive results within twelve
months of inception or occurrence. (2) Recognition of extraordinary performance or
achievement These are awards offered to provide
after-the-fact reward for performance or achievement that is outside the bounds
of what is ordinarily expected in the position, in these three areas: (a) Successful cost
savings suggestions or effort (b) Successful one time
project or accomplishment (c) Exceptional service -
performance above and beyond the call of duty (3) Not allowable (a) Compensation for the
permanent assignment of continuing departmental duties: compensation for
continuing duties cannot be addressed through this recognition award policy. If
an employee's duties have been permanently altered to include higher level
duties, contact the university human resource compensation office, to determine
if a position upgrade, or other compensation option, is indicated. (b) Compensation for the
temporary assignment of pre-existing departmental duties: compensation for a
temporary assignment that is not related to a one-time-project, but instead
involves temporarily doing higher level duties (e.g., to cover for an open
position during a lengthy search), cannot be addressed through this policy.
Contact the university human resource compensation office to determine if a
temporary position upgrade, or other compensation option, is
indicated. (c) Compensation for
extra hours or overload duties: Do not submit a request for an employee
recognition award based on overtime worked for standard or additional duties
performed. Contact the university human resource compensation office to learn
about overtime, overload, and additional compensation options. (d) Recognition of a
holiday or personal event: employee awards cannot be given in recognition of a
personal occasion or event (e.g., a birthday or a personal accomplishment) or a
holiday (e.g., Christmas). See the finance division's "Gift-buying
Guidelines" at https://www.ohio.edu/finance/customercare/faq.cfm for
further details. (C) Methods of reward Award may be via cash or gift, according to the
"Employee Recognition Award Guidelines." (D) Dollar amount
considerations (1) Maximum Awards may not exceed a total of three thousand
dollars (gross) in value, per employee, per fiscal year, unless specifically
requested by the department with supporting documentation to be reviewed by the
UHR compensation office. Awards over three thousand dollars (gross) in value
will be submitted to the president, the vice president for finance and
administration, the vice president for student affairs, the vice president
university advancement, or the executive vice president and provost for
approval. (2) Taxability
issues Cash awards are always taxable and are required
to be reported on employees' W2 forms. Gifts to employees are also
taxable, with the exception of retirement gifts meeting value and other
requirements. Please contact the tax compliance section of finance for
advice. (3) All
awards All employee award purchases, regardless of
dollar amount, must have a business purpose, and are subject to the policy
restrictions listed in this policy, and to all university purchasing and
expense policies. (E) Eligibility All university employees are eligible for awards
as described in this policy, including student employees. (F) Authorizations and
audits The "Recognition Form Appendix A" and
the "Employee Awards Request Form" (EARF) require authorization by
the direct supervisor and the planning unit head, and are then forwarded to the
UHR compensation office, for approval and submission to payroll for processing.
Requests will be audited by university human resources. Requests not in
compliance with this policy will not be processed for payment. All employee
recognition awards, programs, or events are subject to audit, at any time, by
university human resources, the finance division, the internal audit office, or
external auditors from the state or federal government. The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-011.html
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Rule 3337-40-13 | Domestic Partner Benefits.
Effective:
March 16, 2015
The version of this rule that includes live links to associated resources is online at http://www.ohio.edu/policy/40-013.html (A) Overview This policy provides for the participation of unmarried same or opposite sex domestic partners and children of domestic partners in the Ohio university benefit plan. Same sex couples legally married in one of the fifty states, the District of Columbia, a US territory, or a foreign country that recognizes their marriage are considered married for the purposes of all university policies and benefits, and are not domestic partners. (B) Definitions (1) For the purposes of this policy, "domestic partners" are two individuals of the same or opposite sex who: (a) Share a regular and permanent residence; and (b) Have a committed personal relationship for at least six months; and (c) Can demonstrate financial interdependence; and (d) Are not related by blood, not legally married, nor in a domestic partnership with anyone else. (2) For the purposes of this policy, the "domestic partner's immediate family" is defined by Policies 40.029 and 40.030; see also subsection (B)(2) in Policy 40.016. (C) Affected policies The following policies are extended as necessary in order to provide for domestic partnerships as described in this policy: (1) Policy 19.058 (2) Policy 24.030. (3) Policy 40.016. (4) Policy 40.029. (5) Policy 40.030. (6) Policy 40.054. (7) Policy 40.107 (8) Policy 41.009. (9) Policy 41.010. (10) Policy 41.130. (D) Benefits The benefits under this policy may vary according to the employment status of the employee, and may also involve tax implications. Medical and dental benefits for a domestic partner are not eligible for the pre-tax deduction from the employee's wages. The internal revenue service has ruled that domestic partners cannot be considered a spouse for tax purposes. Thus, employers are obligated to report and withhold taxes on the fair market value of the domestic partner coverage. Fair market value of the domestic partner coverage is usually defined as the amount the employer contributes to a health plan to cover the domestic partner over and above the amount contributed for a single individual. UHR will maintain information online, linked through http://www.ohio.edu/hr/benefits/, that indicates the fair market value under the various common circumstances, and that provides contact information for confirming the fair market value in any particular circumstance. Flexible spending accounts are governed by IRS rules. According to those rules, an employee cannot be reimbursed through a flexible spending account for a domestic partner's health care expenses nor for the health care expenses of any children who are not children of the employee. (1) Domestic partner and dependents The domestic partner is eligible for support through the dual career network. The following benefits are available to the domestic partner and his or her children, whether they are the employee's children, or not, on the same basis as the benefits would be available to the employee's spouse or children: (a) Medical, dental, vision, dependent life insurance, and COBRA (b) The educational benefit program (c) Membership in and use of campus facilities (d) Employee assistance program (2) Leave The employee may take leave based on the needs of the domestic partner and the domestic partner's immediate family (as defined in this policy), in addition to being able to take leave based on the needs of the employee's immediate family (as defined in the relevant policies, linked above) under the following categories: (a) Sick and bereavement leave (b) Family and medical leave (E) Process (1) In order for the domestic partner or children of domestic partners to qualify for coverage, or for the employee to take leave based on the needs of the domestic partner or the domestic partner's immediate family, the following forms need to be completed, and the required documentation sent to university human resources: (a) Affidavit of domestic partnership, along with proof required of shared financial obligations. (b) Domestic partner enrollment form (2) To remove the domestic partner or children of domestic partners from benefits, complete the following form and return it to university human resources within thirty days of termination of the domestic partnership: statement of termination of domestic partnership The version of this rule that includes live links to associated resources is online at http://www.ohio.edu/policy/40-013.html
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Rule 3337-40-15 | Educational benefits for Ohio university employees.
Effective:
November 6, 2023
(A) Overview This policy provides for participation in the
Ohio university educational benefits program. An active employee must be on the
payroll by the first day of the semester. The program applies only to courses
offered for credit by Ohio university. (B) Eligibility The following categories of employees are
eligible for the benefits identified in this policy: (1) Summary (a) Full time and part time benefits eligible employees,
excluding temporary and intermittent appointments, with: (i) An employment period
of greater than one hundred twenty days and an FTE level of 0.67 or greater; or
(ii) Part-time employees
who were enrolled for benefits as of June 30, 2015. (b) "Tenure track," "Instructional,"
"Visiting Professor," and "Clinical" faculty as defined by
the "faculty handbook." (c) Retired employees as defined in policy 41.090, disability
retired employees, and employees that qualify under policy 41.015, or employees
on approved leave. (d) Collective bargaining employees should refer to their
collective bargaining agreement. (e) Members of paragraphs (A)(1)(a) and (A)(1)(b) of this policy,
who are involuntarily terminated through reduction-in-force, job abolishment,
or otherwise without cause between May 1, 2020 and December 31, 2020, shall be
eligible for educational benefits set forth in policy 40.016 for qualified
dependents admitted or enrolled as students at Ohio university as of the
employee's termination date. (f) Members of paragraphs (B)(1)(a) and (B)(1)(b) of this rule,
who are involuntarily terminated through reduction-in-force, job abolishment,
or otherwise without cause between May 1, 2020 and December 31, 2020, shall be
eligible for educational benefits set forth in policy 40.016 for qualified
dependents admitted or enrolled as students at Ohio university as of the
employee's termination date. (2) Faculty and staff
Eligibility is determined by the following
criteria: (a) Full-time, benefits eligible employees are eligible for one
hundred per cent of the instructional fees and one hundred per cent of the
non-residency fees (when applicable). (b) Part-time, benefits eligible, employees working at .67 of a
full-time equivalent (FTE) or more, are eligible for one hundred per cent of
the instructional fee and one hundred per cent of the non-residency fee (when
applicable). An FTE of .66 or less will receive benefits (instructional and
non-residency fees) pro-rated according to their FTE. (3) Courses and fees
With supervisory approval, an active faculty or
staff member may take, at most, one course per semester during regular working
hours and one additional course during nonworking hours during periods of
employment. An additional independent study class or weekend course may be
added with the approval of the department head. Courses taken during the summer
or other breaks are also limited by academic regulations and department
responsibilities. Faculty and staff must first satisfy employment
demands; therefore, eligible active faculty and staff will not simultaneously
be full-time students. Consequently, no more than eleven term hours of
undergraduate courses and no more than eight term hours of graduate courses
will be permitted per semester without approval from the appropriate department
head, using the "Educational Benefits Request Form." Class schedules shall normally be approved by
the supervisor and time spent in class may be required to be made up. It is the intention of this policy to encourage
employees to further their education, and therefore, supervisors should attempt
to assist employees, whenever possible, to take one course during working
hours. However, there may be departmental demands that make this difficult in
any one term, since position responsibilities take precedence over course work.
Every effort should then be made to accommodate the course request in the
subsequent term. Any supervisor or employee who cannot reach accommodation
within this two-term period should refer the matter to the department head for
consideration. If resolution cannot be reached at this level, the matter should
be referred to the planning unit head for final resolution. At the discretion of the department chair or
head, a full tuition waiver may be granted for course work that is directly
related to the employee's current position. A full fee waiver is granted
on a course-by-course basis, not for an entire degree program. No particular class standing is necessary for
the original awarding of this benefit except that the student must meet the
admission requirements. Fee structures of the university are subject to
change without notice at the university's discretion. (C) Additional information (1) Excluded programs and
fees Benefits under this policy shall not be
applicable to, non-credit courses and workshops, audited courses, or courses
and programs delivered with an outside vendor who has not agreed to waive
applicable fees, or special course fees. Any unit offering courses or programs to be
delivered in partnership with an outside vendor shall promptly identify those
courses or programs to university human resources (UHR), so that benefits will
not be provided under this policy. UHR shall inform employees by ensuring that
the information is available online, linked through
https://www.ohio.edu/hr/benefits/education/. Courses and programs that are unique in
structure and fee arrangements will be identified by the sponsoring
departments. Educational benefits for these programs are limited to the maximum
full-time instructional fee rate allowed for a regular program. (2) Application process
Requests for participation in the educational
benefit program must be submitted each term by the employee on the
"Educational Benefits Request Form." The form must be completed by
the employee and signed by the appropriate authority as indicated on the
form.
Last updated November 7, 2023 at 8:15 AM
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Rule 3337-40-16 | Educational benefits for qualified dependents.
Effective:
November 6, 2023
The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-016.html (A) Overview This policy provides for participation in the
Ohio university educational benefits program by domestic partners, spouses, and
children of benefits eligible employees who are active, on approved leave,
retired, on disability retirement, laid-off, or deceased. (B) Eligibility For dependents of employees to receive benefits
under this policy, they must meet the requirements in paragraphs (B)(1)
("Employees,") (B)(2), ("Dependents,") and (B)(3),
("Courses and Fees,") of this policy. This policy does not apply to any dependent of an
employee who is (or a retiree or deceased former employee whose final active
employment by the university was) covered by a collective bargaining agreement.
Please refer to the current bargaining agreement for your eligibility. (1) Employees Eligible employees are defined under policy
40.015, and active employees must be on the payroll by the first day of the
academic term. (2) Dependents If an employee is affected by a
reduction-in-force, qualified dependents remain eligible based on the
employee's eligibility, as defined in policy 41.015. No particular class standing is necessary for
the original awarding of this benefit except that the student must meet the
admission requirements. Qualified dependents are: (a) Legally married spouse, (b) Domestic partner (subject to policy 40.013), (c) Biological, legally adopted, or legal guardianship children
of the employee, employee's spouse, or employee's domestic
partner. (3) Courses and
fees The program applies only to courses offered for
credit by Ohio university. To receive the benefit, a dependent of an
eligible employee does not need to be a full-time student and may take as many
undergraduate or graduate courses as academically permissible. The educational benefit represents one hundred
per cent of the instructional fee and non-residency fee when applicable. These
are pro-rated for qualified dependents of part-time employees, according to the
employee's full-time equivalency, as described for the employee in policy
40.015. Benefits may be subject to withholding taxes
under regulations of the internal revenue service. For more information, please
see the link provided at https://www.ohio.edu/hr/benefits/education/. Fee structures of the university are subject to
change without notice at the university's discretion. (C) Additional information (1) Excluded programs and
fees Benefits under this policy shall not be
applicable to non-credit courses and workshops, audited courses, or courses and
programs delivered with an outside vendor who has not agreed to waive
applicable fees, or special course fees. Any unit offering courses or programs to be
delivered in partnership with an outside vendor shall promptly identify those
courses or programs to university human resources (UHR), so that benefits will
not be provided under this policy. UHR shall inform employees by ensuring that
the information is available online, linked through
https://www.ohio.edu/hr/benefits/education/. Courses and programs that are unique in
structure and fee arrangements will be identified by the sponsoring
departments. Educational benefits for these programs are limited to the maximum
full-time instructional fee rate allowed for a regular program. (2) Application
process Application by dependents for the educational
benefit program must be submitted annually using the "Educational Benefits
Request Form." The applicant and employee must each sign the completed
form and return the signed form to UHR. Application forms will be made available in
April for the upcoming academic year. Dependents should submit an application
as early as possible prior to the anticipated semester of enrollment in order
to ensure the credit is applied correctly. The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-016.html
Last updated November 7, 2023 at 8:16 AM
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Rule 3337-40-23 | Organ donation leave.
Effective:
October 12, 2022
(A) Overview This policy establishes university policy and
procedures for organ donation leave for full-time faculty and staff, pursuant
to section 124.139 of the Revised Code. Ohio university will grant an organ donation
leave with pay to all full-time faculty and staff, including those covered
under a collective bargaining agreement. For faculty, this policy applies only
to the extent that no contrary provision is included in the "Faculty
Handbook." (B) Organ donation leave (1) Application When organ donation leave is anticipated,
verbal notice should be given as far in advance as possible, followed by
written documentation to include a "Request for Organ Donation
Leave," indicating hours and dates of leave and including supporting
medical certification from an appropriate health care provider. (2) Leave
provided (a) All full-time employees who donate an adult kidney or any
portion of an adult liver shall receive up to two hundred forty hours of leave
with pay during each calendar year to use during those hours when the employee
is absent from work due to the employee's donation. (b) All full-time employees who donate adult bone marrow shall
receive up to fifty-six hours of leave with pay during each calendar year to
use during those hours when the employee is absent from work due to the
employee's donation. (c) The duration of leave for other types of organ donations will
be decided on a case-by-case basis by the chief human resource officer, who
will consult competent medical authority. (3) Use (a) Organ donation leave shall be exhausted prior to using any
sick leave or vacation leave to continue recuperation from the organ
donation. (b) Organ donation leave shall run concurrently with other
university leave programs (e.g., family medical leave). Organ donation could be
considered a serious health condition under the family medical leave act, and
therefore, providing the employee met the other family medical leave
requirements, would be covered under the act. (c) The employee using such organ donation leave shall be
compensated at the employee's regular rate of pay for those regular work
hours during which the employee is absent from work.
Last updated October 12, 2022 at 8:17 AM
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Rule 3337-40-24 | Emergency service leave.
(A) Overview This policy establishes guidelines for the use of
emergency service leave pursuant to division (G) of section 4765.01 and section
124.1310 of the Revised Code. Ohio university will allow all full-time and
part-time permanent employees paid emergency service leave. Bargaining unit
employees covered under local 3200 Ohio council 8, American federation of
state, county, and municipal employees (AFSCME), AFL-CIO should refer to their
current contract for specifics of participation. A university employee who volunteers as an
emergency medical technician ("EMT") -- EMT-basic or EMT-1, first
responder, paramedic, or volunteer firefighter, is to receive forty hours of
leave with pay each calendar year to use during those hours when the employee
is absent from work in order to provide emergency medical service or
fire-fighting service. Part-time employees shall receive a prorated benefit
(for example, a twenty-hour-a-week employee shall receive twenty hours of
emergency service leave per year). If fewer than the allocated number of hours
of emergency service leave is used in a calendar year, the remainder is not
accumulated for use in any later year. Compensation shall be at the employee's
regular rate of pay for those regular work hours during which the employee is
absent from work. The employee must meet the certification
requirements for holding a position as an EMT-basic, EMT-1, first responder,
paramedic, or volunteer firefighter, and must establish eligibility for
emergency leave by providing university human resources with a valid
certification, submitted in accordance with the procedure described in
paragraph (B) of this policy. Leave under this policy may be used to provide
emergency medical service or fire-fighting service without regard to location,
including service in response to a distant natural disaster or terrorist
incident. (B) Verification of certification A university employee who is a volunteer
firefighter or volunteer provider of emergency medical services shall notify
the university of the employee's status as a volunteer firefighter or
volunteer provider of emergency services upon employment, or not later than
thirty days after receiving certification as a volunteer firefighter or a
volunteer provider of emergency services. The employee must submit written
notification to university human resources using the "Annual Certification
of Emergency Medical Services Status" form, signed by the chief of
volunteer fire department service, or the medical director or chief
administrator or the cooperating physician advisory board of the emergency
medical organization with which the employee serves. This form shall be
re-submitted annually before January first of each year. New employee
orientation sessions will include notification to the employees of the
availability of emergency service leave under this policy and of the
requirements to submit written notification. (C) Request for leave Employees requesting or verifying paid emergency
service leave must use the "Request for Emergency Service Leave" form
as soon as practicable. Whenever an employee is absent from work due to the
employee providing emergency medical or firefighting service, and the employee
wishes to use emergency service leave, the absence must be verified by
providing the employee's supervisor with a completed "Request for
Emergency Service Leave" form. The supervisor will submit the completed
form to university human resources. (D) Department notification If the call to provide emergency medical or
firefighting service occurs when the employee is already at work, he or she
will notify his or her supervisor before leaving (or follow standard
departmental notification procedures for early departure, if one exists). If
the call to provide emergency medical or firefighting service occurs when the
employee is not at work, he or she will notify his or her supervisor (or follow
standard departmental notification procedures for late arrival or absence, if
one exists) as soon as possible after it becomes evident that late arrival or
absence from scheduled work may be required in order to provide the emergency
service. The employee should discuss in advance with his or her supervisor how
to deal with any situation where it is impossible to follow the usual
notification procedure while responding to an emergency situation. Supervisors
should make reasonable accommodations in such situations, provided that the
employee does notify the department as soon as possible. (E) Leave substitution Employees who previously scheduled an absence
using other types of leave such as vacation, should not be permitted to use
emergency service leave instead of the planned leave. (F) Recovery of improperly paid benefits The university may use all necessary steps to
recover emergency service leave benefits paid in error or paid as a result of
fraud, including adjustments to an employee's pay. An employee who
knowingly engages in fraud may be subject to civil or criminal charges, in
addition to discipline under the employee disciplinary process appropriate to
the category of employment relationship. For further information, see: (1) AFSCME 3200 "Collective Bargaining
Agreement"; (2) Policy 41.012; and (3) "Faculty Handbook, Section II, Part D"
(specifically the sub-parts on termination of appointment and loss of
tenure).
Last updated July 6, 2022 at 11:28 AM
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Rule 3337-40-25 | Jury duty and court leave.
The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-025.html (A) Overview This policy provides for administering time off
for all faculty and staff subpoenaed for jury duty or court appearances. Ohio university employees will honor all lawful
subpoenas. Employees will continue to receive full pay when they are subpoenaed
to appear before any court, commission, board, or other legally constituted
body authorized by law to compel the attendance of witnesses, including jury
duty for the United States, the state of Ohio, or a political
subdivision. The provisions of this policy do not apply to
those instances when an employee appears in court (1) As the defendant in a
criminal case; (2) As a party to a civil
action; (3) As a result of
secondary employment outside of the service of the state; or (4) Without a subpoena
having been issued. (B) Process When properly subpoenaed, an employee is required
to provide reasonable, timely advance notice to his or her supervisor to
request the necessary time off. Employees may be excused from scheduled work
assignments without loss of pay only for the period of reporting to and serving
on a jury (or complying with a subpoena), including reasonable travel
time. Employees called to serve (or appear) whose
assignments require them to work beyond eleven p.m. may, at management's
discretion, be released from work with pay at eleven p.m. the evening before
they are scheduled to appear in court, or alternatively, the affected
employee's shift may be flexed or the employee may be temporarily
transferred to a dayshift during the period of jury duty. Employees called to serve (or appear) whose work
schedule is completed prior to eleven p.m. will be released from work the day
of their scheduled jury duty until the time they are released from their jury
duty services. An employee required to serve (or appear) for
only a part of a day for jury duty is obliged to return to a scheduled work
assignment promptly following dismissal by the court. Any monies received for serving (or appearing)
will be retained by the employee. The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-025.html
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Rule 3337-40-27 | Personal leave for administrative employees.
The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/40-027.html (A) Overview This policy allows eligible administrative employees to convert three sick leave days to personal leave days each fiscal year. These personal leave days would provide administrative employees time which could be utilized to conduct personal business or deal with family matters that may need to be carried out during regular working hours. (B) Eligibility (1) Full-time and part-time administrative employees who accrue sick leave. (2) A full-time employee, or a part-time employee who is more than 0.5 FTE, must have accrued fifteen days of sick leave as of the beginning of the fiscal year to be eligible to convert sick leave to personal leave. (3) A part-time employee (less than or equal to 0.5 FTE) must have accrued 7.5 days of sick leave as of the beginning of the fiscal year to be eligible to convert sick leave to personal leave. (C) Process (1) Each July first, full-time administrative employees, and part-time administrative employees who are more than 0.5 FTE, with a minimum of fifteen days accrued sick leave, and part-time administrative employees who are 0.5 FTE or less, with a minimum of 7.5 days accrued sick leave, will be eligible to use three days of personal leave. (2) Employees who use personal leave time will use the online absence management system to report that use. (3) Personal leave may be used in minimum units of one hour. The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/40-027.html
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Rule 3337-40-28 | Personal days for classified employees.
(A) Overview This policy establishes the procedures for
employees to have the use of three sick leave days as personal days per year.
This policy provides incentive for employees to accumulate sick leave hours for
the purpose for which it is intended. This policy covers bargaining unit
employees and any references to "classified employees" should be
interpreted as bargaining unit employees. Bargaining unit employees covered
under a collective bargaining agreement should refer to their current contract
for specifics of participation. Ohio university will grant eligible employees the
right to use three sick leave days as personal days in recognition of the fact
that some legal, private business, or family matters must be carried out during
normal work hours. Eligible employees must meet all of the following
criteria: (1) Full-time and part-time classified employees serving in
a regular certified or provisional appointment. (2) Classified employees will be eligible for personal
leave during a fiscal year if they had a sick leave balance of at least one
hundred twenty hours of accumulated sick leave for those assigned to eight hour
shifts, or one hundred fifty hours of accumulated sick leave for those assigned
to ten hour shifts, at the end of the last pay period of the prior fiscal year
(this is the last pay period that does not include July first). (3) Intermittent and temporary employees are not
eligible. (B) Notification When an employee needs to use personal time, the
employee is required to notify their immediate supervisor (or other designated
person). Such notification should be made as soon as possible, but must be made
no later than one-half hour after the employee's scheduled time to start
work. If such notification is not made, the absence may be charged to leave
without pay, except when emergency or other extenuating conditions make it
impossible to give proper notice. Notification for personal time follows the
same rules as for sick leave for classified employees; (see policy
40.030.) (C) Process (1) Eligibility to use personal leave will be on a fiscal
year basis; university sick leave records will be used to determine accrued
balances. Staff members who do not have a balance of one hundred twenty hours
of sick leave, for those assigned to eight hours shifts, and one hundred fifty
hours accumulated sick leave for those assigned to ten-hour shifts, will be
ineligible to use personal leave until the beginning of a fiscal year in which
their sick leave records confirm an eligible balance at the end of the last pay
period of the prior fiscal year. (2) Following the last pay period of the fiscal year, any
unused personal leave will revert to sick leave. The resulting sick leave
balance will then be evaluated to determine eligibility for the new fiscal
year. (3) At the start of the new fiscal year, twenty-four hours
(for those individuals assigned to eight-hour shifts), or thirty hours (for
those individuals assigned to ten-hour shifts), of sick leave will be converted
to personal leave, for each staff member who qualifies. (4) As the personal leave is requested and used, it is
deducted from the personal leave balance. (5) Personal leave may be charged in minimum units of one
hour. (6) Staff may use personal leave only for the days and
hours for which they normally would have been scheduled to work, but not to
include scheduled overtime. (7) Personal leave may not be used to cover unexcused
absences, or to make up time. (8) The conversion of sick leave to personal leave and vice
versa is on a one-to-one ratio. (9) Personal leave may not be used to extend an
employee's active pay status for the purpose of accruing overtime or
compensatory time. It may not be used to extend an employee's date of
resignation or retirement. (10) Personal leave will be reported using the current
university and departmental sick leave policies in place. Personal leave usage
will not be a factor in attendance ratings unless procedures are not followed
by the employee. (11) Upon separation, all unused personal days shall revert
back to sick leave. (12) If the university declares financial exigency, all
unused personal leave will revert to sick leave balances.
Last updated July 6, 2022 at 11:29 AM
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Rule 3337-40-29 | Sick and bereavement leave for faculty and administrative appointees.
The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/40-029.html (A) Overview This policy provides for the accrual and use of sick and bereavement leave (often "sick leave" in the following) and the conversion and payment of unused sick leave at time of retirement or upon death of an employee. Ohio university faculty and administrative presidential appointees may earn and accrue sick leave, which may be used for paid sick leave when necessary. Sick leave will typically be earned at the rate of 1.25 days for each month of service. Sick leave credit will be earned based on the appointment and employment type of the individual. There is no limit as to the amount of sick leave which may be accumulated. The procedures regarding usage, notification, and verification of sick leave are detailed below. (B) Sick and bereavement leave (1) Definition Sick and bereavement leave is the authorized absence from duties due to: (a) Personal illness, injury, or temporary disability. (b) Exposure to contagious disease which could be communicated to other members of the university community, or (c) Illness, injury, or death in the individual's immediate family. Immediate family is defined as: spouse, son, daughter, mother, father, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, and a legal guardian or other person who stands in place of a parent (in loco parentis), plus domestic partners and the domestic partner's immediate family (see the discussions under "Definitions" and "Benefits" in policy 40.013, for details). Bereavement leave granted for a death in the immediate family shall not exceed five working days. (d) Medical, dental, psychological, or optical examination or treatment of an employee or a member of his or her immediate family. (2) Approval Sick and bereavement leave is granted on the approval of the department chairperson or the supervisor to whom the individual reports; such a request should be made on the first day of absence or in advance, if possible. The individual, upon return to work, must complete a "Paid Time Off: Faculty and Staff Form." The university reserves the right to require the individual to: (a) Furnish medical evidence of illness, including providing medical releases, (b) Provide medical verification of ability to return to work, (c) Provide other appropriate or necessary information, e.g. proof of medical care of family member, death of family member, etc. (3) Usage A consecutive period of sick leave includes all normally scheduled work days except holidays observed by the university during an employee's appointment period. No presidential appointee shall be charged with more than five sick leave days in any seven day period. (C) Accumulation of sick leave benefit (1) The benefit will accumulate at the rate of 1.25 days per calendar month or fifteen days per year for all full-time presidential appointments. (Full-time presidential appointee, for purposes of this policy, is defined as anyone holding a regular full-time nine-, ten-, eleven-, or twelve-month appointment.) Accrual of sick leave will be unlimited. Time spent on vacation, paid military leave, faculty fellowship leaves, paid professional leave, or sick leave will count toward accumulation of benefits. There will be no accumulation of benefits while on an unpaid leave of absence. (2) Part-time faculty (groups I, II, and IV) and administrators (as defined in employee handbooks and in policy 41.010) are also eligible for sick leave accrual and usage. The monthly accrual shall be calculated on a prorata basis based on the individual's main appointment in effect for the month of accrual. (3) An employee who transfers from one state or local Ohio public agency to another (Ohio public agency refers to governmental entities under the control of Ohio's state or local government), or who is reappointed or reinstated, will be credited with the unused balance of accumulated sick leave--up to the maximum of the sick leave accumulation permitted in the public agency to which the employee transfers and provided the time between separation and reappointment does not exceed ten years. Written proof of sick leave credits must be furnished by the department that the individual is leaving to the new department. (4) The use of sick leave beyond an individual's accumulated balance is defined as an unauthorized absence. These individuals who are absent due to any of the reasons outlined in part (B)(1) of this policy, and who have exhausted their accumulated sick leave, will have their gross monthly salary reduced in proportion to the total duration of the unauthorized absence. The adjustment will be made by the payroll manager who will notify the appropriate dean or department head accordingly. (D) Utilization of the benefit The period covered by use of accumulated sick leave benefits is all consecutive normally scheduled university work days exclusive of the university's holidays during the period of sick leave. Usage of sick leave shall be recorded using the online absence management system. (E) Retirement or death benefits for accumulated sick leave (1) Conversion and payment of unused sick leave at retirement An employee retiring with ten or more years of creditable state service may elect to be compensated for one-fourth of his or her accrued but unused sick leave not to exceed thirty days (equal to one-fourth of one hundred twenty days); election must be made no later than sixty days after the date of retirement. Payment will be based upon the employee's rate of pay at the time of regular or disability retirement. Such payment may be made only once to an employee and only to those employees who are on the active payroll of Ohio university at the time of retirement. The two mutually exclusive options are: (a) To be paid for one-fourth their sick leave balance up to a maximum of thirty days, or (b) To carry forward the total sick leave balance for future anticipated state employment. This option precludes any future payoff from Ohio university. For purposes of determining the sick leave conversion, the following calculation shall be used. Individual faculty and administrators on full-time nine-, ten-, eleven-, or twelve-month appointments shall have their salary divided by the respective number of months they are under appointment. This monthly salary shall in turn be divided by twenty-two days to determine the per diem rate for calculating retirement benefits. Part-time faculty and administrators will have their sick leave pay-off calculated based on their total gross earnings for the most recent twelve-month period, three fiscal quarters, or two academic semesters, as appropriate. The payment of the sick leave conversion under this policy will eliminate all sick leave credit of the faculty or administrative appointee at the time of retirement, and payment will be made only once to any individual. Sick leave conversion does not apply to any termination or separation other than retirement (or death in service, as described in part (E)(2) of this policy). An employee who returns to university service after retiring may accumulate and use sick leave as before, but may not convert the unused sick leave at the time of any subsequent separation. (2) Conversion and payment of unused sick leave upon death. In the event of the death of an employee with ten or more years of creditable state service, one-fourth of the employee's accrued but unused sick leave, not to exceed thirty days (equal to one-fourth of one hundred twenty days), will be paid to the employee's survivors or to the employee's estate in accordance with the Revised Code. The amount of the payment will be calculated as described in part (E)(1) of this policy. The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/40-029.html
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Rule 3337-40-32 | Workers' compensation and occupational health management.
The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/40-032.html (A) Overview This policy establishes the methods by which the university will manage workers' compensation and occupational health issues. Ohio university conforms to the state of Ohio workers' compensation laws; all employees are protected by these laws. These laws provide a system for compensating employees who suffer injury or occupational disease in the course and scope of their employment at Ohio university. (B) Claim reporting (1) All work-related injuries must be reported to the supervisor immediately. (In non-emergency situations, prior to seeking medical treatment). (2) Upon report of injury, the employee will be provided instruction on the university's workers' compensation management policy, provided a claim report kit, and directed to seek medical treatment if necessary. (C) Medical treatment (1) If minor first aid attention is required, treatment should be administered at the employee worksite and the employee should return to work. (2) If non-emergency medical attention is required, the employee will be directed to the university's medical care provider. The employee will have the option to select his or her own treating physician upon request, but should be informed that medical-care-expense payments may be limited or zero if the provider is not certified. (3) Emergency treatment: If emergency care or treatment are required, the employee will be directed to the nearest hospital emergency room. If follow-up treatment is recommended, the employee will be referred to the preferred provider or the employee's treating provider. Work restrictions or time off work recommended by the emergency provider will be in effect only until the next business day or until an immediate follow-up is scheduled with the university's preferred provider or employee's treating provider. (4) Results reporting: The employee is required to return the following treatment results, treatment plan and return-to work recommendations to the university immediately upon discharge or the next business day: (a) Injury diagnosis, (b) Treatment or rehabilitation recovery plan, (c) Estimated return to full-duty date, (d) If work restrictions or time off work are recommended, a completed copy of a "Physician's Report of Work Ability (MEDCO-14)," or equivalent. (5) Post-mishap drug testing: Injured workers seeking medical treatment may be required to submit a "for cause" drug test no later than 8 hours after the incident. The employee may be disciplined, up to and including termination, in the event of a positive drug test or refusal to test. (D) Claim determination Upon review of the reported claim information, Ohio university will determine if the claim is allowed or denied as a workers' compensation claim. The injured worker will be notified of this determination via a mailed letter. (1) Allowed claim: The employer will pay all eligible, related medical expenses and lost-time compensation. (2) Denied claim: The employee will be responsible for medical expenses, and will be compensated for lost time only through available personal, sick, or vacation leave. (E) Disability management (1) Upon the request of an employee for time off work or work restrictions related to their certified work-related injury, Ohio university will make every reasonable effort to accommodate the recovery period through the disability management program. (2) Employees with temporary medical restrictions who are medically approved to work are expected to work and contribute to the university to the extent possible. (3) Employees with extended time off work and or work restrictions due to their certified workers' compensation claim will be enrolled in the temporary restricted duty program. (4) Temporary restricted duty job offers will be considered on an individual claim basis approved by the treating physician and must show progress to a reasonable full-duty return-to-work date. (5) Employees who do not comply with a temporary restricted duty job offer can jeopardize their workers' compensation benefits. The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/40-032.html
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Rule 3337-40-35 | Vacation leave donation.
Effective:
August 23, 2024
(A) Overview Eligible administrative staff and faculty may
participate in a vacation leave donation program. Vacation leave may be donated
to a "leave pool" (pool). Donated vacation time will be converted to
sick leave and administered as outlined in this policy. This pool will be used
to provide leave to individuals in need of sick time for personal use or to
care for a family member. (B) Donation guidelines (1) Donor eligibility
Administrative staff and faculty eligible for
health related benefits as designated by policy 41.010 may donate vacation time
to the sick leave pool. (2) Donation information
(a) Donors must retain a balance of eighty vacation hours after a
donation is made. (b) Donations are to be made in eight-hour increments. Donations
from the pool to a recipient of less than eight hours will be permitted if a
full donation of eight hours would result in the recipient exceeding the fiscal
year twenty-day (one-hundred and sixty hour) recipient limit, or an equivalent
amount pro-rated based upon percent full time equivalent (FTE) for part time
employees. (c) Other than the donation limits listed above or recipient
limits in this policy, there is no maximum or cap on donations to the pool.
(3) Donations to the pool
(a) Donations to the pool will be solicited at least one time per
fiscal year. Donations to the pool can only be made during an official
solicitation period. (b) Only "university human resources" (UHR) should
solicit donations to the pool. (C) Recipient guidelines (1) Recipient eligibility
Administrative staff, and faculty eligible for
health related benefits as designated by policy 41.010 may receive donated time
per the following guidelines: (a) Recipients are eligible to receive donations from the pool
upon hire. (b) The recipient must have or will exhaust all other paid time
off before receiving donated time. (c) A physician has certified on the recipient request form that
the employee has an impairment that is or will be present for more than ten
consecutive working days. (Issues that result in the need for intermittent time
off are not eligible for donations.) (2) Times received
(a) Recipients employed for less than one year may receive no
more than ten cumulative days (eighty hours) of donated leave time from the
pool in a fiscal year. Recipients employed for one year or more may receive no
more than twenty cumulative days (one-hundred sixty hours) of donated leave
time from the pool in a fiscal year. A recipient will not be eligible to
receive subsequent donations until one year elapsed from when the prior
donation was received. (b) Time received will be converted to sick leave time and added
to the recipient's sick leave accrual. (c) The recipient retains all donated time. A recipient who
recovers more quickly than expected, for example, will not have to return any
donated time. (d) Any employee who received a sick leave donation will have the
time deducted from their sick leave balance when determining eligibility for a
sick leave payout at retirement. (D) Use of time Donated time may be used for the employee's
own personal medical need or to care for a family member's medical need,
as defined by the university sick leave policy. (E) Donating time (1) Soliciting donations
Individuals and departments may not solicit
donations. UHR will solicit donations for the pool at least one time per fiscal
year, or as needed. (2) Making
donations Time will be donated via use of the vacation
leave donation form. (3) Applying for donated
time Time will be requested via use of the vacation
leave donation recipient request form. (F) Confidentiality The university will make every effort to maintain
the confidentiality of donors and recipients as allowed by state of Ohio public
records rules. (G) General and departmental
information (1) UHR will review and
approve all requests to donate and receive time. (2) UHR will verify
eligibility of a donor or recipient and modify accruals appropriately. In
instances where a donation to an individual will exceed the fiscal year limit,
UHR will process donations up to the limit only. (3) Generally,
departments and/or supervisors should not prevent an employee from using
donated time. Departments or supervisors with concerns regarding use/abuse of
sick leave should consult with UHR. (4) Each July first all
time in the pool will be eliminated and new donations will be sought.
Eliminated time will not be refunded to donors. (5) Donations from the
pool are made on a "first-requested-first-served" basis.
(6) If the pool has
inadequate donated time, UHR will solicit donations. If donated time is not
available, donations from the pool will not be made. The pool cannot have a
negative balance. (7) Time is donated and
not pay/funding. (8) The recipient's
department does not receive funding for the donated time.
Last updated August 23, 2024 at 7:54 AM
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Rule 3337-40-37 | Rehiring of retired administrative and classified employees.
The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/40-037.html (A) Overview Generally, the university does not support the rehiring of retired administrative and classified employees into full-time or part-time permanent benefits-eligible positions. The exception is the rehire of a retiree who is critical to the university's ability to achieve its mission. (B) Process Employees who may be rehired should first consult the information about re-employment that is provided by their retirement system, checking particularly for possible impact on retiree health care benefits. The following links provide starting points appropriate for the majority of Ohio university retirees: (1) For OPERS https://www.opers.org/retirees/re-employment/index.shtml (2) For STRS https://www.strsoh.org/duringcareer/_dc/preparingretirement/reemployment.html If a planning unit head believes that the rehiring of an Ohio university retiree is critical to achieving the university's mission, the planning unit head may take such rehire request to the chief human resource officer. If the chief human resource officer concurs with the request, he or she will send the request to the president. The president will make the final hiring decision. The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/40-037.html
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Rule 3337-40-40 | Job classification system.
(A) Overview This policy serves to outline policy, procedures,
and responsibilities for the administration of the Ohio university job
classification plan pertaining to classified and administrative employees of
Ohio university. University human resources (UHR) is responsible
for classifying all positions based on specifications and job descriptions
developed for each position (see section 124.14 of the Revised Code). UHR will
apply consistent and objective criteria to the analysis of all positions and
will cross-compare and verify data from classified employees, supervisors, and
department heads. The classification of all positions is based upon
duties, responsibilities, knowledge, skills, minimum requirements of education,
certification, or licensure, physical requirements, and reporting relationships
inherent in a given position. Position classifications are assigned germane
titles and are placed in functional groupings, which illustrate the job
framework and opportunities for professional growth and development. (B) Position review and audit (1) Vacant or new position When a new position is developed, or if
substantial changes are made in an open (unfilled) position, the supervisor or
planning unit head should complete a "Position Description
Questionnaire" and forward it to UHR for review and classification. The
position will be reviewed and a written summary of findings forwarded to the
appropriate planning unit representative for final determination of the
appropriate classification. (2) Administrative position (incumbent) If an employee and the department (supervisor
with support from the planning unit) determine that a position has changed
substantially (more than thirty per cent) and in such a way that it may impact
the mapping of the position to the job framework, a revised "Position
Description Questionnaire" should be completed and submitted to UHR for
review. Job changes are not defined by incremental changes in job tasks, but
rather determined by whether the job has changed with regards to the scope,
impact, and complexity of the duties. Typically, additional duties assumed
within the same level of scope, impact, and complexity do not warrant a
position evaluation or job change. UHR may also initiate an audit. The planning
unit will work with the incumbent employee to complete the "Position
Description Questionnaire," and submit the information to UHR. An audit
may not be requested more often than once a year. A year is defined as a period
beginning twelve months from the date of the last audit determination. An
exception may be made to this twelve-month rule if significant documentation
can be provided, showing that the duties of the position have been
substantially changed since the date of the completion of the previous
audit. A UHR analyst will conduct a review of the
position, interviewing the employee or the immediate supervisor as necessary,
and conferring with the planning unit head and any other persons as deemed
necessary. The analyst will complete a written summary of findings and render a
recommendation to the appropriate planning unit representative. Based on whether the duties and
responsibilities, required skills, or organizational level of a position have
remained essentially constant, substantially decreased, or substantially
increased, a position audit may result in no change in the mapping of the
position, a change in mapping to a lower rated position, or a change in mapping
to a higher rated position. UHR will determine the appropriate mapping
based on the audit findings, and will inform the department of that
determination, in writing, within thirty calendar days after the analyst has
completed the review. The information provided to the department at that time
will include the audit results, with supporting rationale. (C) Action for position changes If a position is reclassified by UHR to a
lower-rated position, the effective date for the new classification, and any
pay rate change, will be as described in the "Pay Administration
Guidelines." If a position is reclassified by UHR to a
higher-rated position, it becomes the responsibility of the incumbent's
planning unit head to determine operationally whether or not the higher-level
position should be added to the table of organization. If it is determined that
the higher-level position should not be added, the higher-level duties will be
removed from the position's responsibilities. The incumbent employee shall
receive the higher-level pay retroactively for the lesser of the following two
durations: (1) One year; or (2) The period of time between the date the audit request
was received by UHR and the date the higher level duties were removed from the
job. The incumbent employee's pay would then
continue at the original classification rate. If it is determined that the higher level
position should be added, the reclassification, and new pay rate, becomes
effective, retroactively, as described in the "Pay Administration
Guidelines." (D) Classification review and appeal (1) General information The incumbent employee may request an internal
review or appeal of the audit decision. Requests for review must be submitted
on a completed "Classification Appeal" form. The appeal form must be
submitted to the UHR liaison for the employee's unit within fifteen days
of the date of the audit decision. Nothing in this policy shall limit or restrict
the employee's appeal rights under the Revised Code. (2) Administrative employees Administrative (unclassified) employees may
appeal audit decisions to the CHRO. Administrative (unclassified) employees may
also appeal audit decisions to the office of equity and civil rights
compliance, but only if their appeal is based on equity concerns.
Last updated July 6, 2022 at 11:29 AM
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Rule 3337-40-45 | Separations of classified employees.
(A) Overview This policy provides specific guidelines for
initiating, processing, and implementing separations and reinstatements of
classified employees. It is the responsibility of the department head
to notify university human resources of all separations involving classified
personnel. Such notifications should be in writing and should be given with as
much notice in advance of the separation date as possible. (B) Separations All separations are to be recorded in writing, as
described in this policy for each type of separation. Any employee who has been separated from the
university must not work after the effective date of separation. These procedures apply to the following types of
separations: (1) Resignations (a) Any employee
resigning from the university shall notify their supervisor or planning unit
head at the earliest opportunity. Failure to provide two weeks notice of
resignation may jeopardize the employee's standing. An employee who
verbally resigns, and who fails to submit a written resignation, and who is
absent from work without authorization, shall be deemed to have resigned on the
date of verbal resignation. (b) Resignations are
irrevocable, except by mutual agreement of university human resources and the
planning unit. (c) The final pay will be
processed at the normal date for the pay period that includes the
employee's last working day, if payroll received timely notice. If the
employee is eligible for vacation pay, the employee will receive the vacation
pay as a lump sum payment one pay period after receiving pay for their final
wages, in accordance with policy 41.001; see also policies 40.030 and 40.031.
(2) Job abandonment Any employee in the classified service who is
absent from duty habitually or for three or more successive duty days, without
leave and without approval by the employee;s appointing authority for such
absence may be subject to removal for neglect of duty. This rule does not require an appointing
authority to initiate removal action if it is determined to be unwarranted nor
does it preclude removal action for a shorter period of absence if the absence
is of sufficient seriousness. The determination as to what constitutes a
serious situation shall be made by the appointing authority. The employing
department head must notify the chief human resource officer in writing as soon
as it is evident that the employee has abandoned their job. The employee will
be dismissed "for cause." (3) Retirements See also policy 41.090 (a) Employees who meet
the eligibility requirements and wish to retire should notify their department
as soon as feasible. Employees should complete the "retirement separation
form" and submit it to university human resources in advance of
retirement. (b) All retirements are
effective on the first day of the month immediately following the last day for
which an employee is paid. (c) An employee who is
retiring must not work or turn in any compensable hours after the last day of
the month prior to the retirement effective date. Returning retirees must seek
the advice and counsel of university human resources, and the department must
follow policy 40.037.
Last updated July 6, 2022 at 11:30 AM
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Rule 3337-40-49 | Overtime for non-exempt employees.
Effective:
October 12, 2022
The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-049.html (A) Overview This policy ensures uniformity in awarding of
overtime compensation. All employees in non-exempt classifications are
entitled to overtime compensation. The payment of overtime is governed by the
Fair Labor Standards Act. All overtime must be authorized by the supervisor or
department head or chair, in advance of work being performed, except in cases
of emergency. Bargaining unit employees covered under a collective bargaining
agreement should refer to their current contract for specifics of
participation. (B) Process Employees in job classifications identified as
non-exempt from overtime provisions of the Fair Labor Standards Act are
entitled to overtime compensation for all hours in active pay status in excess
of forty in any calendar week. For purposes of this policy "active pay
status" is defined as all hours worked or approved as paid leave.
Vacation, sick leave, holidays, and compensatory time off are included in the
calculation of active pay status hours. Hours worked on a holiday are not
counted in determining hours on active pay status for overtime purposes since
these hours are already compensated at the premium rate of time and one half.
(See policy 41.125.) Overtime compensation is paid at the premium rate
of one and one-half times an employee's total hourly rate of pay. The
total hourly rate includes the base rate of pay plus any pay supplements.
Overtime hours are reported on the employee's time report for the pay
period in which they were earned, unless the employee elects to receive
compensatory time off in lieu of cash payment. Temporary hourly, non-exempt employees are not
eligible to receive compensatory time off in lieu of overtime pay. Other
hourly, non-exempt employees may elect to receive compensatory time off in lieu
of overtime pay. Such compensatory time is also awarded at the premium rate of
one and one-half hours of time off for each hour of overtime. A maximum accrual
of four hundred eighty hours is permitted for intermittent employees; a maximum
accrual of two hundred forty hours of compensatory time is permitted for other
employees. When the maximum hours of compensatory time accrual is reached,
compensation for overtime shall be made in cash. Compensatory time cannot be accrued until the
total hours for the week exceed forty. The number of hours requested to be
accrued must not exceed the number of overtime hours worked during that
week. Use of compensatory time off must be scheduled
with supervisory approval, and the time must be used within one hundred eighty
days from the date it is earned. If arrangements cannot be made to take the
compensatory time off within the one hundred eighty-day period, such
compensatory time will then be paid in cash. University human resources shall
post online, and make available via paper upon request, the processes for staff
to elect and to use compensatory time. If an employee terminates employment or transfers
to another department, the compensatory time balance must be paid at the time
of termination or transfer. Such cash payment shall be paid at a rate which is
the higher of: (1) The final regular
total hourly rate; or (2) The average regular
total hourly rate received during the last three years of
employment.
Last updated October 12, 2022 at 8:18 AM
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Rule 3337-40-50 | Payroll time reporting for hourly employees.
Effective:
September 28, 2022
(A) Purpose To establish guidelines for payroll time
reporting for hourly employees including student employees who are paid hourly.
Bargaining unit employees covered under a collective bargaining agreement
should refer to their current contract for specifics of participation. (B) Policy When reporting hours worked to the payroll
office, the guidelines stated in the procedures section, immediately below must
be observed. (C) Procedures (1) Start and stop times (a) Start and stop times
must accurately reflect the time the employee actually began and ended work (as
opposed the time the employee may have arrived at or left the
premises). (b) Hours may not be
reported when an employee is on leave of absence. (c) Supervisory approval
is needed before submission of hours to payroll. (d) Student employees are
compensated for actual time worked. Payment is not made for sick time,
holidays, vacation, or other time off. In accordance with the Fair Labor
Standards Act, the times in and out must be the actual starting and quitting
times. (e) All hourly employees
are paid on a biweekly basis. (2) Overtime (a) Overtime hours are
calculated on a weekly basis only and will be paid on that basis. (b) Overtime hours are
calculated by subtracting forty from the sum total of weekly hours worked,
vacation hours, sick hours, holiday hours, and other hours. (3) See also policy 40.025, "Jury duty and court
leave."
Last updated September 28, 2022 at 8:41 AM
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Rule 3337-40-51 | Compensation of classified and administrative employees during declared emergency.
Effective:
March 20, 2024
(A) Overview This policy provides guidance for declaring an
emergency university closing, early release, or delay and establishes
guidelines for the compensation of classified and administrative employees
during an emergency. This includes administrative hourly, administrative
salary, and classified bargaining unit employees. Bargaining unit employees
covered under a collective bargaining agreement should refer to their current
contract or specifics of participation. This policy does not apply to student employees
at Ohio university. Only the president of Ohio university (or their
designated representative) has the authority to declare an emergency, close or
delay the university, or cancel classes for the main campus, regional campuses,
or regional teaching sites of Ohio university. Emergency closings announced by other agencies,
such as Ohio government offices, local city and county officials, etc., do not
apply to Ohio university employees. However, the president, or their designee,
will close the university and cancel classes for a campus whenever the campus
county sheriff's department declares a level III snow emergency for that
county. Communication of a declared emergency will be
released through university communications and marketing. Closing and opening
times for the impacted campus(es) will be announced through all media, the
"OHIO" home page, and "OHIO" alert. In a declared emergency, certain employees may be
required to work to provide essential services for the impacted campus(es).
These essential service employees will be designated and contracted by their
department heads or supervisors and will be assigned to work schedules as
required by the emergency situation. Employees who have not been designated as
essential service employees. but are scheduled to work, will not be required to
work during a declared emergency unless they are assigned and work a one
hundred per cent remote appointment. During a declared emergency, employees should not
report to and be on campus unless they have been designated as essential
service employees by their supervisors and asked to report to work. When the university is not closed, employees are
expected to report to work, or call in, if the inclement weather prevents
travel. Employees will be expected to use personal leave or vacation time for
those occasions when they must miss scheduled work. (B) Compensation Once a declared emergency occurs, employees on
site who are not designated as essential service employees are sent home and
will be paid at their regular rate from the time of the declared emergency
until the end of their regularly-scheduled shift. Employees working remotely,
other than those assigned to a one hundred per cent remote appointment, who are
not designated as essential service employees, will be paid at their regular
rate from the time of the declared emergency until the end of their regularly
scheduled-shift. Essential service employees who are required to
work during a declared emergency, but are unable to report to work, must notify
their supervisor and may be paid at their regular rate for any hours they
normally would have been scheduled to work. Essential service employees paid on an hourly
basis who are required to work during a declared emergency will be paid at
their regular rate and, in addition, will be paid at their overtime rate for
any hours actually worked (one hour regular pay plus one hour of overtime pay
at 1.5 times regular rate equals 2.5 times regular rate during a declared
emergency). Salaried employees, other than those assigned to
a one hundred per cent remote appointment, who are required to work during a
declared emergency will receive their regular salary and will be granted the
equivalent time off at a mutually agreeable time between the employee and their
supervisor, to be used by the end of the fiscal year. Those assigned to a one hundred per cent remote
appointment, who are scheduled to work, will be paid their regular rate of pay.
During a declared emergency, employees may need
to work extra shifts, different times of day on different days, etc. Therefore,
the total rate of pay for an hourly employee will be used to determine all
overtime pay (i.e., shift differential would not apply during an emergency if
an employee does not normally receive it in their total rate but would receive
it if it is a part of their normal total rate). The option of receiving overtime pay or
compensatory time off at the time and one-half rate will apply, consistent with
departmental policies. Only hours worked in excess of forty can be banked as
compensatory time. Using the two pay codes below the pay premium for working
during a declared emergency, but does not always result in actual overtime
worked. For hourly employees, any hours worked on-site
during a declared emergency should be reported on the time sheets as
"emergency worked" (entered as time in and out) and "emergency
closure" (entered as a total amount of time similar to paid time off
(PTO)). Any hours scheduled but not worked during a
declared emergency should be reported on the time sheet as "emergency
closure." Employees who are on travel status during a declared emergency
shall receive their normal rate of pay only. Employees who are on approved leave of absence,
seasonal or indefinite layoff, or any other inactive pay status are not
eligible for compensation during a declared emergency.
Last updated March 20, 2024 at 8:59 AM
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Rule 3337-40-54 | Family and medical leave.
Effective:
October 12, 2022
(A) Overview The Family Medical Leave Act (FMLA) became
effective August 5, 1993, and applies to Ohio university and its employees.
This law is intended to define the rights and responsibilities of the employee
and the university related to entitlement to leave, maintenance of health
benefits during leave, and job restoration after leave. The law sets forth
requirements for notice and certification of the need for FMLA leave. It
protects Ohio university employees who request or take FMLA leave, and it
imposes certain record keeping requirements on Ohio university. The purpose of this policy is to publish
information about university and employee rights and obligations under the
FMLA. Ohio university will comply with the requirements
of the FMLA and will assist its employees in balancing their work and family
life by taking reasonable leaves for certain family and medical reasons.
(B) Process In order to manage and enforce the comprehensive
requirements of the FMLA, the university has published a manual entitled
"Guidelines for Management and Enforcement of Rights and Responsibilities
Under the Family Medical Leave Act," which is online, linked from
https://www.ohio.edu/hr/benefits/loa.cfm. University human resources will
maintain this manual based on legal counsel and case law precedents, conforming
to any changes in the law or applicable regulations, and accurately reflecting
actual practice. The manual addresses the substantive and
procedural rights and responsibilities of individual employees and of the
various units within the university under the FMLA. A copy will be available at
the Ohio university library in the reference department. Upon request,
university human resources will provide employees with a printed copy of the
FMLA manual at no charge to the employee. Employees may also obtain a copy of
the manual or portions thereof from the FMLA web site linked in this
policy. Individual administrative departments are
responsible for complying with the management and record keeping requirements
of the FMLA, with assistance from university human resources. Other leaves of
absence may be available to the employee upon exhaustion of their leave under
the FMLA (see policy 41.128). Bargaining unit employees covered under a
collective bargaining agreement should refer to their contract for specifics of
participation.
Last updated October 12, 2022 at 8:18 AM
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Rule 3337-40-56 | Voluntary short-term FTE reduction for administrators.
The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-056.html (A) Overview Planning units and departments can address
short-term budget concerns while fulfilling scheduling needs of their full-time
contract administrative staff by offering a voluntary short-term full time
equivalent (FTE) reduction. The program objectives are: (1) To offer employees an option of greater
workplace flexibility to meet their personal needs. (2) To offer departments a short-term budget
reduction option. (3) To allow adjustment of staffing to predicted
workload variations. Employees may arrange with their supervisors,
department heads, and planning unit heads for a voluntary, short-term reduction
in the employee's position FTE. Review of these arrangements by university
human resources (UHR) will include examination of their voluntary nature.
(B) Process Voluntary short-term FTE reduction occurs
according to the following process: (1) Employee requests FTE reduction from
immediate supervisor (see part (D)(1) of this policy). (2) Immediate supervisor, department head, and
employee clarify terms of reduction and complete the "Voluntary Short-term
Reduction Form." This may include specification of the minimum notice for
early cancellation; if not specified, it defaults to two weeks; see part (B)(9)
of this policy. (3) Department head evaluates operating needs,
service levels, and other FTE reduction requests from within the department
(see part (D)(2) of this policy). (4) Department head forwards request(s) with
recommendations to planning unit head for approval or disapproval. (5) Planning unit head informs the department
head and employee of the decision (see parts (D)(3) to (D)(6) of this policy),
including any modifications of the duration and vacation accrual described in
the submitted "Voluntary Short-term Reduction Form." (6) The employee confirms in writing his or her
acceptance of the FTE reduction as approved. (7) Department head processes approved FTE
reductions with UHR and payroll services. (8) Approved reductions are short-term reductions
with a duration as specified in the submitted "Voluntary Short-term
Reduction Form," unless modified by the planning unit head at the time of
approval. (9) The department may cancel the reduction based
on the needs of the university or department. The employee may also cancel the
reduction. Such cancellation by the department or employee takes effect two
weeks after notice is given, unless a different date is mutually agreed upon,
or a different minimum notice was specified under part (B)(2) of this
policy. (C) Compensation and benefits The following apply to short-term reductions:
(1) Pay: will be reduced and pro-rated in
accordance with the FTE reduction. (2) Health insurance: There will be no change in
the health insurance coverage or premium. (3) Payroll deductions: The employee will need to
arrange (with UHR) for direct payments for those months, if any, when pay is
zero or so small that no payroll deduction takes place. This applies to health
insurance and other payroll deductions. (4) Vacation accrual: For the duration of this
short-term FTE reduction, the vacation accrual will be adjusted. If the
employee works forty-hour weeks for a reduced number of months per year,
vacation will accrue at the regular two days per month rate: (a) Eleven months - earn up
to twenty days per year (b) Ten months - earn up to
eighteen days per year (c) Nine months - earn up
to sixteen days. If the employee works fewer hours per week,
vacation will accrue on a pro-rated basis, as specified in the submitted
"Voluntary Short-term Reduction Form," unless modified by the
planning unit head at the time of approval. These vacation accrual schedules are an
exception to policy 41.010. (5) Education benefits: no change. (6) Retirement: OPERS retirement credit will be
earned for every month worked. To receive credit for a month, the employee must
earn a minimum of two hundred fifty dollars and be on active pay status
(includes time worked, vacation, sick, and personal-time pay) during that
month. (7) Sick time accrual: no change (see policy
40.029). (8) Twelve-month pay plan: During their
short-term FTE reduction, employees may choose to receive their pay in
twenty-four equal semi-monthly amounts, as described in policy 41.007.
(D) Notes (1) The reduction can be in many forms, examples
of which include: (a) Reduced days per week.
(b) Reduced weeks per
month. (c) Reduced months per year
(OPERS credit is only available for months worked; contact UHR for advice and
counsel). (2) Department heads and planning unit heads must
consider the operating needs of their units and all requests from other
employees to determine what should be approved. Requests from other employees
and service impact will influence the planning unit head's decision to
accept, alter, or deny any requests. (3) Savings accrued from the FTE reductions will
be used at the discretion of the planning unit head to meet short-term budget
shortfalls. (4) Approval of the reduction does not reduce the
authorized FTE strength of the planning unit. (5) The reduction can be extended by mutual
consent. A new "Voluntary Short-term Reduction Form" should be
completed and the process of part (B) of this policy, followed. All
documentation must be forward to payroll services and UHR's records
department. (6) If a "permanent reduction" is later
mutually agreed upon, the department and employee will officially change and
adjust the FTE of the position, as governed by separate guidelines available
from the provost's office. The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-056.html
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Rule 3337-40-57 | Research appointments.
(A) Overview This policy establishes a "research" category of employees at Ohio university, delineates the terms and conditions of research appointments, and ensures consistent treatment of these employees. Under the section 124.11 of the Revised Code, positions and employees involved in research are considered "unclassified" employees. Ohio university defines research employees as non-faculty, non-student employees who are externally funded, and who predominantly conduct or support experimental, applied, or theoretical research work in a particular discipline. Appointments as research faculty (e.g., assistant research professor, associate research professor, or research professor) are governed by policy 01.015 and the "Faculty Handbook." In the absence of an exception formally granted in accordance with policy 01.003, this policy applies to all research employees whose positions are funded more than fifty per cent from any combination of the following sources: (1) Startup funds for new faculty (oracle financials accounts with project code prefix "SU") (2) Research incentive funds (oracle financials accounts with project code prefix "RI) (3) Restricted account (e.g., grants and contracts) (4) Internal awards -- often used for postdocs, this includes 1804 fund research grants (oracle financials accounts with project code prefix "IA"). (5) Foundation accounts (oracle financials accounts with project code prefix "FN") Any position otherwise falling under policy 40.058 can be designated a research position on the basis of its funding source. As appointing authority, the chief human resource officer will make final determinations regarding research designation. For example, a new, one hundred per-cent-grant-funded position determined to be an administrative assistant could be designated as research, and terms and conditions of appointment would adhere to this policy. (B) Process Unless otherwise noted, research administrative hourly employees will follow existing compensation and benefits policies for administrators. Research employees are considered special appointments, as described in policy 40.106. Policies 41.013 and 41.012 do not apply to research employees. Employment for research employees is considered "employment at will," and is at the discretion of the employing authority. The university can terminate the appointment at any time. Written notice of termination will be provided at least two weeks in advance of the anticipated termination date, if circumstances permit. (C) Research employment categories Research employees can be administrative salaried or hourly. Appointments can be regular (nine- to twelve-month employment period), or term (less than nine-month employment period), as follows: Research administrator employee may hold positions meeting any of these three descriptions: (1) Full-time regular research administrator: forty hours per week; nine- to twelve-month employment period. (2) Part-time regular research administrator: less than forty hours per week; nine- to twelve-month employment period. (3) Term research administrator: zero to forty hours per week; zero- to eight-month employment period. (D) Compensation and benefits This chart indicates the pay type, pay rate determination method, and applicability of various benefits for each category of research employee. A "Y" indicates that the benefit or compensation on that row does apply to employees of that column. Unless otherwise noted, research administrators will follow existing compensation and benefits policies for administrators; and, with the obvious exceptions of the first four rows of this table, the table applies to both research administrative hourly and salaried appointments. Applicability of benefits and compensation by research employment type | Compensation and benefits | Full-time regular | part-time regular | term | | Research administrator pay | salaried/hourly | salaried/hourly | salaried/hourly | | Research administrator pay determination | will mirror administrative pay plan (see policy 40.058) | | | | Health and life insurance | Y | Y | | | Educational benefits | Y | Y | | | Sick leave | Y | Y | | | Sick payout | Y | Y | | | Vacation leave | Y | Y | | | Vacation payout | Y | Y | | | Unemployment | Y | Y | Y | | Workers compensation | Y | Y | Y | | Holidays | Y | Y | Y | | Medical leave | Y | Y | FMLA only | | Disability leave | Y | Y | | | Personal leave | Y | Y | | | Performance evaluation | Y | Y | Informal | | Annual pay raise | Hourly: standard formula. Salaried: merit-based. Both: budget allowing | Hourly: standard formula. Salaried: merit-based. Both: budget allowing | Hourly: standard formula. Salaried: merit-based. Both: budget allowing | | Employment process | Online | Online | Online | | Retirement | Y | Y | Y |
Last updated July 6, 2022 at 11:31 AM
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Rule 3337-40-58 | Administrative and classified compensation.
Effective:
October 12, 2022
(A) General policy statement
Pay determination decisions should support the
university's commitment to a market-based pay approach. This ensures the
university's ability to attract and retain the talent needed to support
Ohio university's mission and initiatives. University human resources
("UHR") manages the pay plans and pay structure to ensure market
competitiveness. The university will pay employees without regard to any of the
categories listed as protected in policy 40.001, relative to: (1) Internal equity based
upon the skills and requirements of positions; (2) External market as
defined by UHR; (3) Financial management
of the university. (B) Program objectives Ohio university will maintain a salary program
that: (1) Is consistent with
the general policies of the university; (2) Is internally
equitable and externally competitive with comparable market ranges;
(3) Ensures equitable pay
for work requiring similar skill or competency, scope, and responsibility;
(4) Assures that
university employees are fairly and justly rewarded for contributing their
knowledge, skills, abilities, and time in accomplishing university objectives
(implies "pay for performance" for all); (5) Ensures that the
salary program is administered with consistency and uniformity throughout the
university, with regard to position evaluation and salary structure;
(6) Includes objective
job specifications and qualifications as an aid to hiring and promotion;
(7) Provides a system to
identify inequities and maintain competitive salary levels; (8) Provides data for the
strategic analysis of compensation costs and forecasts; (9) Provides data
supporting workforce, talent, and succession planning; (10) Assures compliance
with appropriate laws and regulations. (C) Administrative responsibility
(1) President
The president of Ohio university or the
appropriate designee has authority and responsibility for the salary
plan's goals, objectives, structures, and policies. The following are
specific delegations of authority in the day-to-day administration of the
program. (2) Chief human resource
officer Ongoing responsibility for overseeing the
program is assigned to the chief human resource officer. As such, the following
duties are in the chief human resource officer's purview, although in
actual practice they may be assigned to other staff in university human
resources: (a) Drafting and recommending new or revised salary policies and
procedures; (b) Maintaining position descriptions in accordance with
retention schedules; (c) Monitoring the evaluation of new positions and re-evaluation
of existing positions; (d) Auditing the pay structure to maintain market competitiveness
and internal equity; (e) Reviewing compliance with the Fair Labor Standards Act, equal
employment opportunity commission regulations, and other governmental
regulations including the determination of a position's exempt or
non-exempt status; (f) Maintaining histories of salary and career records in
accordance with retention schedules; (g) Appraising pay plan program effectiveness and recommending
program revisions as necessary; (h) Advising and assisting departments in implementing pay plan
policies, guidelines, and procedures in salary administration. For specific forms and procedures for drafting
a job description, please access the "Pay Administration Guidelines."
(3) Salary plan
evaluation The vice president for finance and
administration shall direct the chief human resource officer to conduct a study
of the administrative pay plan every three years, or as needed. The purpose of
the study is to evaluate the salary plan in terms of effectiveness in achieving
objectives, external comparability, and internal structure and usage by
administrative units. (4) Appropriate job
documentation The duties, responsibilities, and
specifications of all positions in the program shall be kept on file with
university human resources. The job description will provide information
regarding the essential functions of the position, specifics with respect to
position scope and accountability, and the skills and competency level
requirements of the position. Managers are accountable to ensure descriptions
are accurate for each position they supervise, with input from their staff.
Last updated October 12, 2022 at 8:18 AM
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Rule 3337-40-63 | Flexible work schedule, flexible hours, and flexible work locations for administrators and classified employees.
(A) Overview As a matter of work-life balance, Ohio university
supports a progressive work culture that embraces diversity and provides, where
appropriate, flexible work schedules, flexible hours, and flexible work
location options for administrators and classified employees. Ohio university
acknowledges that there are growing demands on staff recruitment and retention,
as well as the growing demands on university space and energy requirements.
Additionally, the university recognizes as a public entity, it is charged with
using resources in the most efficient and effective manner. Employees covered
by a "Collective Bargaining Agreement" should refer to their
respective agreements. This policy pertains to flexible arrangements
(schedules, hours, locations), not to positions hired to work at locations
outside of Ohio university's main or regional campuses and satellite
centers. (B) Definitions (1) "Remote work" - the practice of an employee
working at their home, or in some other place that is not Ohio
university's usual place of business. (2) "On-site" - the practices of employee working
at the organization's usual place of business. The employee may have a
permanent work location, or flexible work location made available to the
department and scheduable by the employee. (3) "Hybrid work" - the practice of an employee
practicing a combination of remote and on-site work as needed to perform the
expectations of their job duties. (4) "Core hours" - period of hours each day/ week
when your department must be staffed at an appropriate level. (5) "Peak periods" - cyclical times of the year
when business activity or work volume is high during which the department must
be staffed on site at specified level. Employees may be required to work on
campus for their regular schedule. (C) Flexible work schedules, flexible hours, and flexible
location options (1) Flexible work schedules Flexible work schedules that maintain coverage
during the university core hours may include such options as a compressed work
week (for example, four ten-hour days, four nine-hour days and one four-hour
day, etc.), or may include alternative start and end times to the work day.
Flexible work schedules will not reduce the number of hours required to be
worked by an employee. For example, a full-time employee will be required to
work forty hours in a week. (2) Flexible work hours An additional purpose of this policy is to
recognize occasional excess hours worked by an employee. A supervisor may
approve reasonable, intermittent flexible hours in recognition of hours worked
that are clearly in excess of the standard work week at Ohio university for
employees who are exempt from the overtime provision of the Fair Labor
Standards Act. In such cases, the flexible hours option
involves the downward flexing of the number of work hours in any given week and
should be implemented within a reasonable time frame and as close to the period
of excess hours worked as possible. (3) Flexible work location Flexible work locations including remote and
hybrid, as defined in paragraph (B) of this rule, may be provided at the
supervisor's discretion. (D) Use of flex options The options for flexible work schedule, flexible
work hours, and flexible work locations are available when appropriate and at
management's discretion after consultation with and approval by the
planning unit vice president/vice provost. Flex arrangements require advance
supervisory approval and may not adversely affect diversity initiatives or the
university culture, impede teamwork, reduce productivity, efficiency, or
availability, or degrade internal or external service levels. It is the
responsibility of the planning unit head to ensure service levels are
maintained. Decisions to offer and grant flexible work arrangements may be
complicated and multifaceted and as a result it is acknowledged that
perceptions of equity and fairness differences will exist. The guidelines for
flexible work schedule, flexible hours, and flexible work locations for
administrators and classified employees sets forth the mandatory requirements
for managers and staff; it must be reviewed prior to granting a flex option;
and indicates flex options should be reviewed periodically and are subject to
change. Flex options may be initiated by managers or administrators and
classified employees. The appropriate FlexWork tracker app must be completed
prior to commencement of any flex options. The university is not obligated to
approve a proposal for flexible work arrangement for any employee. Flexible
work schedules are subject to ongoing review and may be terminated at any time
by any supervisor or by the employee with the agreement of the supervisor, as
outlined on the policy.
Last updated July 7, 2022 at 8:35 AM
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Rule 3337-40-75 | Adoption benefits.
The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/40-075.html (A) Overview The university provides the benefits specified in this policy in support of eligible faculty and staff pursuing adoption of minor children. (B) Eligibility Benefits eligible faculty and staff include: (1) Full time and part time employees, excluding temporary and intermittent appointments, with: (a) An employment period of greater than one hundred twenty days and an FTE level of 0.75 or greater, or (b) Part-time employees who were enrolled for benefits as of June 30, 2015. (2) "Group I," "Group II," "Group IV," and "Clinical" faculty as defined by the "Faculty Handbook." (3) Any faculty member or employee who qualifies for a benefit due to state or federal law (e.g., healthcare coverage, workers compensation, or unemployment compensation). Criteria are described on the university human resources web site. (C) Benefit description The adoption benefit plan will reimburse eligible employees up to five thousand dollars per child for eligible adoption-related expenses upon placement of a minor child in the employee's home. If two adopting parents of the same adopted child are both eligible for adoption assistance, the total maximum benefit amount for that adoption is five thousand dollars. Adoptions made through public, private, domestic, international, and independent means are eligible. The adopted child must be under the age of eighteen. (D) Applying for adoption benefits Employees should complete and submit the "Adoption Benefit Form" to human resources. Receipts for expenses are required for approval and reimbursement. (E) Payment and taxation of adoption benefits Adoption benefits are taxable income. Human resources will review and approve your adoption benefit form and expenses and receipts. Upon approval, the adoption benefit will be paid in the next regularly scheduled pay check. Employees may be eligible for an income tax credit for adoption benefits. Consult a tax advisor for details. (F) Eligible expenses (1) Legal fees and court costs (2) Adoption agency and placement fees (3) Required medical expenses for the child prior to adoption (including immunizations) (4) Immigration fees (5) Translation services (6) Transportation expenses including lodging expenses (G) Ineligible expenses (1) Medical examination fees for adopting parents (2) Cost of personal items such as clothing and food for either the parents or the child (3) Expenses incurred prior to eligibility for the program (4) Expenses for the adoption of a spouse or domestic partner's child (5) Expenses related to a surrogate parenting arrangement The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/40-075.html
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Rule 3337-40-106 | Administrative and classified appointment.
Effective:
September 28, 2022
(A) Overview This policy defines appointment types for Ohio
university. The chief human resource officer, as the appointing authority,
shall administer the hiring practices of all appointments and shall review and
facilitate all prospective appointment offerings. The wages, benefits, terms,
and conditions of employment shall be governed by university practices, rules,
policies, and procedures in effect at the time of hire and as they may be
modified or amended. (B) Regular appointments Regular appointments can be full time or
part-time and are more than one hundred twenty consecutive days. (1) Regular
administrative appointments are intended to be ongoing, can be exempt or
non-exempt, and are at will, subject to involuntary termination with or without
cause, in accordance with policies 41.012 and 41.013. (2) Regular classified
employees are non-exempt, intended to be ongoing, subject to the conditions
included in the respective collective bargaining agreement. (C) Term appointments Appointments of a fixed duration greater than one
hundred twenty days, but less than three years, without intention of continuing
employment shall be referred to as "Term Appointments." (1) Employees appointed
to such positions will receive an offer letter, approved by UHR that clearly
sets forth the limited term of their appointment. (2) Term appointments
shall not be subject to policies 41.012 and 41.013. (3) A term appointment
may be terminated prior to the expiration of the term for any reason by giving
the employee written notice thirty calendar days prior to the termination date.
(D) Temporary appointments Short-term appointments of less than one hundred
twenty days shall be referred to as "Temporary Appointments." (1) Temporary
appointments shall not be subject to policies 41.012 and 41.013. (2) A temporary
appointment may be terminated prior to he expiration of the appointment for any
reason. (3) A temporary
appointment may exceed one hundred twenty days for reasons noted in section
124.30 of the Revised Code "sickness, disability, or other approved leave
of absence of regular officers or employees", in which case it may
continue during the period of sickness, disability, or other approved leave of
absence, subject to the rules of the director. (E) Intermittent appointments
Positions in which an employee is scheduled to
work only on days and hours as needed shall be referred to as
"Intermittent Appointments." (1) An appointment when
an employee is required to work less than one thousand hours per fiscal year,
or for a duration of a project or grant, which may exceed one thousand hours
per fiscal year. (2) Administrative
employee called in as needed, or on an emergency basis. (3) An intermittent
appointment may be terminated for any reason at the discretion of the
appointing authority. (F) Special appointments designation
Positions dependent upon financial support from
sources other than university general operating and auxiliary funds shall be
referred to as "Special Appointments." Special appointment is a
designation that can be given to any appointment types. (1) Special appointees
will receive an offer letter, approved by UHR, that states that they have
"Special Appointments" that are dependent upon outside funding.
(2) Special appointments
are considered at will, and are subject to termination with or without cause in
accordance with policies 41.012 and 41.013. (3) Notwithstanding
policies 41.012 and 41.013, special appointments may be terminated at any time
if the outside funding is decreased or eliminated. In this event, special
appointees will be given notice of the termination as far in advance of the
anticipated termination date as circumstances permit. (G) Seasonal appointments Full- or part-time contiguous positions greater
than one hundred twenty days but less than nine months per year with the same
schedule expected to recur in successive years. A seasonal appointment may be
terminated for any reason at the discretion of the appointing authority. (H) Non-contiguous appointments Full- or part-time positions that may be
comprised of multiple periods of work throughout the year, totaling more than
one thousand hours per year and with at least one working period of greater
than one hundred twenty days. For example, a non-contiguous employee may work
July through December, be off work for the month of January, resume work in
February through May, and be off work for the month of June. A non-contiguous
appointment may be terminated for any reason at the discretion of the
appointing authority.
Last updated September 28, 2022 at 8:42 AM
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Rule 3337-40-107 | Nepotism.
(A) Overview Ohio ethics law and the related statutes found in
the Revised Code generally prohibit public officials and employees from
misusing their official positions for their own personal benefit or the benefit
of their family members. The purpose of this policy is to ensure the hiring and
supervision by and within the university is conducted in compliance with the
Ohio ethics laws and in a manner that enhances public confidence in the
university, prevents situations which give the appearance of partiality,
preferential treatment, improper influence, and conflict of interest. Relationship by family, marriage, or domestic
partnership will not preclude hiring, promotion, or transfer, as long as the
individual meets and fulfills the appropriate appointment standards. This
policy provides guidance regarding the initial employment of family members and
influencing employment of, or employment decisions regarding, family members.
This policy also applies to situations where there is a change in family status
for employees after employment. For example, the marriage of a supervisor to a
supervisee would be a change in status that would cause the parties to be
subject to this policy. (B) Definitions "University employee" means any person
who is appointed to or is an employee of Ohio university, regardless of the
source of funding for the employee's position. University employee applies
to all forms of employment by Ohio university, including regular and term,
full- and part-time appointments to administrative, classified, research, and
bargaining unit positions, to overload contracts, to graduate appointments, and
to graduate and undergraduate student employment (including employment under
the program to aid career exploration, "PACE," and federal work
study, "FWS," programs), and courtesy appointments. "Family member," for purposes of this
policy only, includes but is not limited to the following: spouse, domestic
partner, children (biological, step, adopted, or foster), legal wards,
siblings, parents, grandparents, grandchildren, uncles, aunts, father-in-law,
mother-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, and
other persons related by blood, adoption, or marriage. "Supervision" means the direct ability
to affect, or the power to effectively recommend, the hiring, renewal,
evaluation, assignment of duties, establishment or adjustment of compensation
and benefits, transfer, suspension, layoff, recall, promotion, discharge,
reward, discipline, or settlement of the disciplinary grievances or appeals of
another university employee. (C) Hiring of family members All university employees are prohibited from
recommending, nominating, authorizing, or using the authority or influence of
their position to secure the authorization of employment, for a family
member. (D) Supervision of family members No university employee shall supervise any family
member or participate (formally or informally) in any decision, or use their
position to secure any decision, which affects the continuation,
implementation, or terms and conditions of a family member's employment,
nor provide direct approval of a family member's time sheets or
payroll. (E) Allowable and alternative arrangements (1) Permitted circumstances Nothing in this policy prohibits two family
members from being hired and working for the university, even within the same
department, provided all parties comply with the terms of this policy. The
following circumstances are permitted by this policy: (a) A family member is
not prohibited from obtaining employment within the same department as a result
of hiring, bumping, displacement, recall, promotion, appointment, or some other
non-discretionary personnel action. Employment within the same department may
also occur when a marital or other significant relationship develops subsequent
to the employee's employment with the department. The family members are
not prohibited from continuing to work for the university or specific
department. (b) A supervisory
employee is not prohibited from working in the same department as a family
member, provided the supervisory employee does not participate in the hiring of
the employee and alternative arrangements have been made ensuring the avoidance
of a direct line of supervision. (c) A university employee
is not prohibited from approving a union contract when their family member is a
member of the union, unless the relative serves as a union officer, board
member, or on the union negotiating team. (d) A university employee
is not prohibited from participating in general decisions that impact classes
of employees, one of whom is a family member (e.g., unit- or university-wide
decisions regarding salary increases, layoffs, changes in benefits,
etc.). (e) A university employee
is not prohibited from participating in a general budgetary appropriation that
includes money to fund a family member's compensation and benefits, or
from participating in budgetary appropriations to a department that employs a
family member. (2) Alternate arrangements University employees who are not family members
as defined above, but who are in a close personal relationship, may be
requested to use the provisions of this subsection in order to avoid any
appearance of impropriety or conflict of interest. The provisions of this subsection shall be
followed whenever a subordinate supervisor would supervise the family member of
their supervisor. (a) University employees
must notify their supervisor if any family member applies for a position for
which they will be responsible or may influence the employment actions as
detailed in this policy. Family members must delegate authority to other
parties or recuse themselves from hiring-related decisions regarding their
family members. (b) Internal applicants
are required to self-disclose, at the time of application, if the position for
which they are applying reports to or supervises a family member. (c) In instances where
family members are working and supervising within the same department,
alternative arrangements must be taken to eliminate the appearance of
impropriety and conflict of interest. Alternative arrangements shall include
removing the responsibility or influence to hire, and removing the opportunity
and obligations of directly supervising family members. This includes
relationships that are post-hire. Alternative arrangements shall be fully
documented in the "Workplace Alternative Arrangement Agreement"
detailed in paragraphs (E)(2)(d) and (E)(3) of this rule. (d) The employing unit
must submit a "Workplace Alternative Arrangement Agreement" for
review to university human resources, the office of the provost, and the
division head. University human resources, the office of the provost, and the
division head may alter or modify the "Workplace Alternative Arrangement
Agreement" submitted by the employing unit. The "Workplace
Alternative Arrangement Agreement" must be maintained in the personnel
files of all impacted employees. (3) Review process Employees impacted by a "Workplace
Alternative Arrangement Agreement" may seek review of the terms and
conditions of the agreement from the planning unit head. Said employees shall
submit their request in writing to the planning unit head, with a copy to
university human resources. The planning unit head shall review all information
submitted and render a final and binding decision regarding the "Workplace
Alternative Arrangement Agreement." The final decision shall be given to
the employee, university human resources, the office of the provost, and the
division head. The updated "Workplace Alternative Arrangement
Agreement" shall be filed in the personnel files of all impacted
employees, with a notation that it supersedes any prior version. (4) Public records All versions of the "Workplace Alternative
Arrangement Agreement" filed in the personnel files are subject to release
under the provisions of policy 40.007. (F) Appointments Appointment of family members to a position, and
on-going employment decisions, shall be made in accordance with all applicable
policies and guidelines, and collective bargaining agreements, including the
following: (1) Policy 20.110 (2) Policy 40.057 (3) Policy 40.106 (4) "Faculty Handbook," section II-R,
"Policy on Consensual and Familial Relationships in the Instructional
Setting," and section II-S, "Consensual and Familial
Relationships." (G) Scope This policy supersedes any and all policies and
guidelines regarding matters of nepotism, except that this policy applies to
faculty appointments only to the extent that no contrary provision is included
in the "Faculty Handbook." (H) Violations Any employee who believes this policy has been
violated should contact university human resources at (740) 593-1636, the
office of equity and civil rights compliance, the office for equal opportunity
and accessibility, or the university ombuds office.
Last updated July 8, 2022 at 11:38 AM
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Rule 3337-40-110 | Employment agency fees.
The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-110.html (A) Overview This policy provides guidance pertaining to the
use of employment agencies and the hiring of employees through employment
agencies. Planning unit heads are empowered within
departmental budget limitations to do either of the following: (1) Employ
the services of placement offices or employment agencies, or (2) Pay the
employment fees of new employees hired through employment agencies.
This policy shall pertain only to clerical
employees, technicians, and specialists, and not to faculty members or
administrative officers. (B) Process Prior to authorizing the above services or
payments, the employing department will obtain a written confirmation from
university human resources that sufficient candidates to fill the position
cannot be obtained through local channels, and that the use of an employment
agency is an appropriate source of additional potential employees. Further, the
employing department must obtain written approval in advance from the planning
unit head, which includes vice presidents and deans. University human resources secures and manages
the contracts associated with employment agencies. The version of this rule that includes live links
to associated resources is online at https://www.ohio.edu/policy/40-110.html
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Rule 3337-40-121 | Recruitment and selection of faculty and staff.
(A) Overview In compliance with requirements as a federal
contractor, Ohio university will make aggressive efforts to recruit
under-represented minority group members, such as women, persons with
disabilities, veterans, and Vietnam era veterans, for position openings. In
accordance with federal law and Chapter 124. of the Revised Code, it is the
policy of the university to engage in recruitment practices that yield the best
applicants for vacancies. This policy covers all faculty and staff
positions at Ohio university. This policy also establishes an official
diversity statement to be utilized as appropriate during recruitment
activity: Ohio university is proud of its rich history,
diverse campuses, international communities, and beautiful Appalachian
settings. As part of our ongoing efforts to provide and support a
transformative learning experience, we affirm our commitment to fostering a
welcoming, respectful, diverse, and inclusive workforce and community. All
qualified applicants are encouraged to apply and will receive consideration
free from discrimination on the basis of race, color, religion, age, ethnicity,
national origin, national ancestry, sex, status as a parent during pregnancy
and immediately after the birth of a child, status as a parent of a young
child, status as a foster parent, gender, gender identity or expression, sexual
orientation, military service or veteran status, mental or physical disability,
or genetic information. Ohio university is an equal access/equal opportunity
and affirmative action employer. (B) Process All faculty and staff positions will be posted as
directed by university human resources or a collective bargaining agreement.
Processes and procedures can be found in guidelines and recruitment and
selection at Ohio university. (C) Practices, processes, and procedures Practices, processes, and procedures regarding
recruitment and selection at Ohio university will set forth in guidelines for
recruitment and selection at Ohio university. These guidelines will be
established, maintained, and updated by university human resources in close
partnership with the office of equity and civil rights compliance and the vice
president for diversity and inclusion. Exceptions to this policy and associated
guidelines must be approved by the chief human resources officer or their
designee.
Last updated July 6, 2022 at 11:33 AM
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Rule 3337-40-125 | Pre-employment background check and on-going duty to self-disclose.
Effective:
February 5, 2024
(A) Overview Ohio university is committed to providing a safe
and secure environment for students, parents, faculty, staff, volunteers, and
visitors. Ohio university is also committed to protecting the university's
physical, intellectual, and financial resources. This policy seeks to ensure
the success of maintaining a safe and secure environment for the campus
community while protecting university resources. This policy sets forth the instruments for
conducting pre-employment background verifications and checks validating
applicants' eligibility and suitability for a position with Ohio
university. Information discovered through the background check process will be
used solely for the purpose of evaluating a finalist's suitability for
employment and will not be used to discriminate against a finalist on the basis
of race, color, religion/creed, sex/gender, age, sexual orientation, gender
identity/expression, national origin, genetic information, marital/familial
status, disability, military, veteran status, or any other protected status.
Background checks will be conducted in compliance with all applicable laws and
regulations and shall only be conducted by and through university human
resources to ensure compliance. In addition to pre-employment background
verifications and checks, this policy also requires employees and offerees
within the scope of this policy to self-disclose criminal convictions within
three business days of the conviction. (B) Definitions The following definitions shall apply for the
purposes of this policy: (1) Background
check/pre-employment verification Process of acquiring records regarding an
individual that are used to determine eligibility for initial or ongoing
employment or other university activities. (2) Break in service
Departure from university either voluntarily or
involuntarily for any period of time. (3) Criminal conviction
Being found guilty, entering a plea, or
pleading no contest to a felony or misdemeanor. (4) Fair Credit Reporting
Act (FCRA) Federal law that regulates collection,
dissemination, and use of consumer information. (5) Final candidate
Internal or external applicant identified as
the finalist for a position. (6) Third party staffing
vendor An organization that provides its staff to the
university to supplement the university's workforce. (C) Policy (1) Scope of policy
Ohio university shall conduct background checks
and pre-employment verification as part of the employment hiring process on
final candidates for the following positions: (a) Regular full-time and part-time faculty, administrative,
classified and bargaining unit employees; (b) All student employees, including graduate assistants, as
determined by the department in conjunction with university human resources,
who work with a distinct population (e.g. children, adults younger than
eighteen, etc.), need access to sensitive facilities, records, and/or data, or
have independent responsibility for handling business
transactions. (c) Temporary, term, seasonal and intermittent appointments,
including adjunct and visiting faculty. (d) Temporary staff provided by third party staffing vendors
unless the vendor has conducted its own background check that complies with
Ohio university requirements and has been accepted by Ohio
university. (e) Employees who return to Ohio university after a break in
service. (f) Current employees who are final candidates for Ohio
university positions, other than the ones they presently hold, if the new
position requires heightened levels of responsibility in duties and/or
heightened levels of access to facilities, records, data of a sensitive nature
as determined by university human resources after consultation with the
department. (g) Employees responsible for the care, custody or control of
children or minors on campus, such as childcare workers and camp counselors, in
compliance with the Ohio university minors on campus policy and all applicable
laws and regulations. Background checks are not required to be
performed for the following positions: (i) Student work-study,
student hourly employees, or graduate student employees unless they work
primarily with a distinct population (e.g. children, adults younger than
eighteen, etc.) or need access to sensitive facilities, records, and/or data,
or have independent responsibility for handling business
transactions. (ii) Current incumbents
involved in a position reclassification. (iii) Faculty employment
changes resulting from the faculty tenure and promotion process. (2) Pre-employment
verifications and background check A candidate for employment into a position at
Ohio university will not be employed or hired into a position at Ohio
university until a satisfactory pre-employment verification and background
check has been completed and authorization is provided to the hiring
department. Exceptions may only be made with the expressed written approval of
the chief human resources officer after a written request is submitted by a
dean or appropriate vice president or equivalent. If an exception is granted
and employment begins prior to completion of the background check, the employee
is prohibited from interacting with minors on campus. All offers of employment
shall be considered conditional until a background check has been completed and
all other pre-employment requirements have been satisfied. The terms of a
conditional offer of employment shall be specifically detailed in writing
through the officially university generated offer letter to the candidate. If
employment commences prior to completion of a satisfactory criminal background
check, the university reserves the right to evaluate the employee's
suitability for employment and to end the employment if the background check is
deemed unacceptable. In this event, the employee is not eligible for any
advanced notice of separation and does not qualify for severance benefits under
university policy. (a) Consent to conduct background checks and verifications
Final candidates will be informed in writing
that the offer of employment is contigent upon the satisfactory completion of a
background check. Prior to conducting a pre-employment background check, a
signed disclosure and authorization form must be obtained from the final
candidate. This authorization grants authority to Ohio university and/or a
third-party vendor, to perform the required background check. Failure to
provide consent will preclude a final candidate from consideration for a
position and may result in corrective action up to and including termination
for current employees. As part of the consent to a background check,
the final candidate must fully and accurately disclose all criminal convictions
and pending criminal arrests or actions. Failure to disclose all criminal
convictions or failure to provide truthful, accurate, and complete information
regarding criminal convictions will result in the candidate being ineligible
for hire for the current position and possibly ineligible for future employment
consideration. Current employees may be subject to corrective action up ro and
including termination. Ohio university reserves the right to retain
the service of third-party vendors to conduct background checks on behalf of
Ohio university. The third-party vendor will be selected and approved by the
vice president for finance and administration, in consultation with university
human resources and the office of legal affairs. Records received from background checks will
be retained in a secure location by university human resources, separate and
apart from personnel files. Destruction of the records will occur in accordance
with the public records retention policy of Ohio university. (b) Reference checks Background checks performed in accordance
with this policy shall not serve as a substitute for the reference checking
process. Hiring managers shall conduct, as part of the candidate selection
process, reference checks prior to extending a conditional offer of employment.
Hiring managers shall contact their human resources liaisons regarding any
inquiries, questions or concerns in regard to reference checks. (c) Educational, employment, licensure and professional
credential verifications Ohio university will conduct a pre-employment
check or verification to confirm the educational history, licensure (including
motor vehicle licensure) and/or professional credentials and certifications of
finalist candidates prior to employment at Ohio university. All information
that supports a finalist's ability to meet all qualifications for the
position must be independently verified. Ohio university may conduct a
pre-employment check or verification to confirm employment history. (d) Criminal history Upon receiving consent and authorization for
a background check from the final candidate, university human resources will
initiate the criminal history check. This check shall include an inquiry into
federal, state and county criminal felony and misdemeanor records in each
location the candidate has resided and a check of the national sex offender
registry. Some designated positions, as determined by the chief human resources
officer, may be subject to a more comprehensive criminal history review
consisting of a fingerprint background check conducted by the bureau of
criminal investigation (BCI) or federal bureau of investigation (FBI). The chief human resources officer, or
designee, shall be the recipient of any findings, reports or information
gathered from the criminal background check. Analysis and evaluation of the
results from the criminal background check will be performed by the senior
director of human resources services and the director of employee and labor
relations, under the guidance of the chief human resources officer. Convictions and pending criminal charges will
be taken into account when reviewing a final candidate's criminal history.
Previous arrests and charges without a conviction may not be considered. A
criminal conviction is not an absolute bar to employment, the following factors
will be considered: the accuracy and completeness of the information provided
by the final candidate, the facts and circumstances of the conduct and its
correlation to the duties and responsibilities of the position, the gravity of
the offense, the time since the conviction and completion of sentence, the
rehabilitation or other requirements of the sentencing, the record of
performance at other positions, the degree to which the position is one of
trust and authority, and the impact to the public image of the university.
(e) Financial credit check Ohio university does not regularly obtain and
review credit reports as part of the pre-employment screening process. Some
positions, however, may require an additional financial or credit history check
prior to employment to determine if the final candidate is a suitable hire.
Positions holding a fiduciary responsibility to Ohio university and who
regularly have financial responsibilities, including access to or
accountability for university funds or other cash, financial assets or
accounts, are subject to a credit history check. The vice president of finance
and administration, in collaboration with the chief human resources officer,
shall designate those positions requiring a pre-employment background credit
check. Upon receiving consent and authorization for
a background credit check from the final candidate, university human resources
will initiate a credit check in accordance with the fair credit reporting act.
The chief human resources officer, or designee, shall be the recipient of any
findings, reports or information gathered from the financial credit check.
Analysis and evaluation of the results from the credit check will be performed
by the senior director of human resources services and the director of employee
and labor relations, under the guidance of the chief human resources officer.
A negative credit history is not an automatic
bar to employment but will be considered along with factors such as the nature
and seriousness of the negative credit history and its correlation to the
duties and responsibilities of the position, the accuracy and completeness of
the information provided by the final candidate, the facts and cicumstances of
the conduct, the time elapsed since the negative history, the record of
performance at other positions, and the relationship to the position in
question. (f) Adverse action resulting from pre-employment background check
If the pre-employment background check
results in no adverse action (i.e. approval of final candidate), university
human resources will notify the hiring manager of approval to proceed with the
hire. If the information gathered during the
pre-employment background check results in an adverse action (i.e. withdrawal
of conditional offer), university human resources will immediately provide the
final candidate the following: a notice of the probablreslte adverse action, a
copy of the background check results, and a copy of the "A Summary of Your
Rights Under the Fair Credit Reporting Act" notice. The final candidate
will be given five calendar days to respond to the information provided in the
background check and provide an explanation regarding their criminal or credit
history, evidence of rehabilitation or personal character, the length of time
since the last negative history, and other information or extenuating
circumstances relevant to the adverse report. The chief human resources
officer, and/or their designee, will evaluate the submitted information and
make a final determination. If the final candidate does not submit additional
information, or if they submit additional information and the university
upholds its decision to take an adverse action, university human resources will
provide the final candidate a letter detailing the final adverse decision.
(3) Self-disclosure of
criminal arrests and convictions All employees and offerees within the scope of
this policy are required to self-disclose criminal arrests and convictions
within three business days of the conviction to their planning unit head or
their human resources liaison. Employees and offerees are required to provide
accurate and detailed information regarding the facts and circumstances of the
conviction and will be subject to a criminal background check. Failure to
self-disclose, failure to provide truthful and accurate information regarding
the conviction, or failure to consent to a background check may result in
corrective action up to and including termination. A criminal conviction is not an absolute bar to
continued employment at Ohio university. Analysis and evaluation of the
disclosed information will be performed by the senior director of human
resources services and the director of employees and labor relations, under the
guidance of the chief human resources officer. Assessment of the disclosed
information will include the accuracy and completeness of the information
provided by the employee, the facts and circumstances of the conduct and its
relationship to the duties and responsibilities of the position, the gravity of
the offense, the rehabilitation or other requirements of the sentencing, and
the public image on behalf of the university. The chief human resources
officer, in consultation with the planning unit head and/or provost, will make
a final determination regarding eligibility for continued employment of
employee and will initiate disciplinary proceedings accordingly.
Last updated February 5, 2024 at 12:34 AM
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