(A) Except where specified, the following
rule applies to all employees except those employees covered by a collective
bargaining agreement or an individual employment agreement addressing this
topic.
(B) Definitions
(1) The term "sick
time" as used in the university rules and the human resources policies
refers to those hours accrued on a per pay basis that can be used for reasons
such as illness, injury, or other medical reasons, including pregnancy-related
conditions, pursuant to this rule and applicable human resources
policies.
(2) The term "leave
of absence" as used in the university rules and the human resources
policies refers to an absence of fifteen consecutive calendar days or more. The
leave is effective retroactively to the first day of absence.
(3) The term
"benefits" as used in the university rules and the human resources
policies includes but is not limited to the university's medical, dental,
long term disability, life insurance, and personal accident insurance
plans.
(C) Use of accrued sick time
Use of accrued sick time is subject to the
approval of the employee's supervisor, manager, director, or designee,
unless the employee is using the sick time for a pre-certified qualifying
condition or illness under the Family and Medical Leave Act (FMLA), in which
case the sick time will be approved.
An employee uses accrued sick time for illness,
injury, or other medical reasons, including pregnancy-related conditions,
pursuant to human resources policies. An employee who has exhausted their sick
time may use accrued vacation time and/or compensatory time in order to remain
in pay status pursuant to human resources policies.
In the event an employee's sick time absence
is fifteen consecutive calendar days or more, the employee will be placed on
the appropriate leave of absence(s) as described in this rule.
(D) Medical leaves of absence with or
without pay
(1) Transfer
When an employee becomes physically incapable
of performing the duties of their position because of illness, injury, or other
medical reasons, including pregnancy-related conditions, their supervisor,
manager, or director or designee, at the request of the employee and with the
advice of the human resources department, may transfer the employee to a
position of a lower grade or other vacant position of the same grade but with
different duties. If the employee does not make such a request, or is
physically incapable of performing the duties of any appropriate vacant
position, then the employee may be granted a medical leave of absence with or
without pay, as appropriate.
(2) Eligibility and
approval
Such leaves of absence may be granted for an
employee illness, injury or other medical reasons, including pregnancy-related
conditions.
Such leaves must be approved in advance, when
possible, by the employee's supervisor, manager, or director or
designee.
The employee requesting such a leave must
furnish a health care provider statement from a licensed health care
professional certifying their medical need for time off work and an estimation
of their expected date of return to work.
(E) Medical leave of absence with
pay
(1) Duration
An employee medical leave with pay may be
granted for the duration of the employee's accrued sick time in accordance
with their health care provider statement or certification.
An employee who has exhausted their sick time
may use accrued vacation time and/or compensatory time in order to remain in
pay status pursuant to human resources policies.
Unclassified exempt employees who become
totally disabled and who were hired by the university prior to September 1,
1974 and who have been continuously employed thereafter by the university,
shall receive a leave of absence with pay, provided the disability continues
beyond the employee's accumulated sick time. The employee's
accumulated sick time and the leave of absence with pay shall not together
exceed one hundred twenty days of leave with pay. For purposes of this
paragraph, "totally disabled" shall be defined as the inability of
the employee, by reason of sickness or bodily injury, to engage in any
occupation for which the employee is reasonably fitted by education, training,
or experience.
(2) Continuation of
benefits
Subject to benefit plan restrictions, the
university shall continue to contribute its portion of the cost of applicable
benefits during the period an employee is on a medical leave of absence with
pay provided the employee makes their contributions.
(3) Retirement plan
contributions
Retirement plan contributions will be made
pursuant to rules and regulations of the applicable pension system or
retirement plan.
(F) Medical leave of absence without
pay
(1) Eligibility and
duration
An employee whose licensed health care
professional certifies that the employee will be able to return to work within
six months of the date of exhausting accrued sick time, and, if applicable, all
vacation and compensatory time, will be placed on a medical leave of absence
without pay for a maximum period of six months.
(2) Continuation of
benefits
Subject to benefit plan restrictions, the
university shall continue to contribute its portion of the cost of applicable
benefits during the period an employee is on a medical leave of absence without
pay provided the employee makes their contributions.
(3) Retirement plan
contributions
Retirement plan contributions will be made
pursuant to rules and regulations of the applicable pension system or
retirement plan.
(G) Disability leave of absence without
pay
(1) Eligibility
An employee who has either been on a medical
leave of absence without pay for six months, or whose licensed health care
professional does not certify that the employee will be able to return to work
within six months of the date of exhausting accrued sick time, and if
applicable, all vacation and compensatory time, will be placed on a disability
leave of absence without pay, unless the employee is entitled to FMLA
protection.
(2) Duration
The maximum combined duration of a medical
leave of absence without pay and a disability leave of absence without pay is
thirty-six months. An employee who is unable to return to work at the
expiration of a disability leave of absence without pay may be separated from
employment.
(3) Continuation of
benefits
Subject to benefit plan restrictions, the
university shall continue to contribute its portion of the cost of applicable
benefits for up to one continuous year when an employee is on any combination
of a medical leave of absence without pay and/or a disability leave of absence
without pay, provided the employee makes their contributions.
Subject to benefit plan restrictions, an
employee whose combined medical leave of absence without pay and/or disability
leave of absence without pay exceeds one continuous year may continue benefit
plan participation for the duration of their disability leave of absence
without pay provided they pay the full cost of any continued benefit
coverage.
(4) Retirement plan
contributions
Retirement plan contributions will be made
pursuant to rules and regulations of the applicable pension system or
retirement plan.
(H) Human resources policies establish
the processes through which employees may return to work.
The policies and practices established by the
human resources department pursuant to this rule shall comply with the
requirements of the Family Medical Leave Act as well as any other relevant
federal or state law or regulation.
(I) In accordance with divisions (F)(1)
to (F)(2) of section 124.14 of the Revised Code, this rule supersedes any
portion of any statute or administrative code covering the same subject matter,
including but not limited to sections 124.38, 124.382, 124.385 and 124.387 of
the Revised Code.