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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3361:30-31 | Time off From Work

 
 
 
Rule
Rule 3361:30-31-02 | Time off from work: policy for investigatory and non-investigatory administrative leave.
 

(A) The following rule applies to all employees except those employees covered by an agreement, including a collective bargaining agreement.

(B) Investigatory administrative leave:

(1) With the approval of the chief human resources officer or designee in consultation with other appropriate university departments, an employee may be placed on an investigatory administrative leave with pay when an allegation of misconduct is made against an employee which requires that the employee be removed from the worksite in order to maintain the health, safety or welfare of that employee or others in the university community while the allegations against the employee are investigated.

(2) The length of the investigatory administrative leave shall not exceed the length of time necessary to conduct a thorough investigation of the allegations. Such investigations will be conducted promptly and will be completed as soon as possible.

(3) If the employee is placed on an investigatory administrative leave with pay, the university will continue to contribute its portion of the cost of benefits during the leave.

(4) Unless otherwise prohibited by rule or regulation, the university reserves the right to discipline or dismiss the employee for any reason at any time during the investigatory administrative leave.

(5) When the investigation is completed, the organizational unit along with the central human resources department, in conjunction with other appropriate university departments, shall determine and take the appropriate action.

(C) Non-investigatory administrative leave:

Except as modification may be necessary, unclassified exempt employees at the rank of assistant dean and above or its equivalent, as determined by the executive vice president for academic affairs and provost, may request or be granted non-investigatory administrative leave. Such leave and its terms may be granted only by the executive vice president for academic affairs and provost.

Last updated June 7, 2021 at 5:16 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 3/16/1978
Rule 3361:30-31-03 | Time off from work: leave of absence due to disability and disability leave for all employees (excluding faculty and librarians).
 

(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.

Last updated June 7, 2021 at 5:16 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 5/12/1978
Rule 3361:30-31-04 | Time off from work: policy for educational leave.
 

(A) The following rule applies to all employees except those employees covered by a collective bargaining agreement addressing this topic.

(B) Leave of absence without pay may be granted for a period of one year for purposes of education, training, or specialized experience which would be of benefit to the university by improving performance at any level. An extension of the leave may be granted for a period not to exceed one additional year.

(C) Subject to benefit plan restrictions, the university shall continue to contribute to its portion of the cost of applicable benefits for a period not to exceed twelve months while the employee is on an educational leave of absence without pay provided the employee makes his or her contributions.

(D) All rules regarding leave without pay, except duration, remain in effect during an educational leave without pay.

Last updated June 7, 2021 at 5:16 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 1/8/1990
Rule 3361:30-31-06 | Time off from work: policy for enrollment in classes during working hours for all employees.
 

The following rule applies to all employees, except those employees covered by a collective bargaining agreement.

(A) University staff employees may be permitted to enroll in academic courses during their scheduled working hours, with the approval of the administrative unit head, dean or vice president to whom they report.

(B) Time spent attending such courses shall be in addition to an employee's normal work week. For classified and unclassified non-exempt employees, an employee's normal work week is defined as forty hours for full-time employees.

(C) All individuals enrolled in courses during scheduled working hours are expected to fulfill their assigned responsibilities and obligations.

Last updated June 7, 2021 at 5:16 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 2/21/1980
Rule 3361:30-31-07 | Time off from work: holiday policy.
 

The following rule applies to all employees except those employees covered by a collective bargaining agreement addressing this topic.

(A) A list of the ten paid holidays which the university observes is published each year by the university.

(B) Full-time employees in an active pay status receive ten paid holidays per year.

(C) Permanent part-time classified and unclassified employees are entitled to holiday pay for that portion of any holiday which they would normally have worked.

(D) If a university holiday occurs during a period of paid sick or vacation time, the employee will not be charged for sick or vacation time.

(E) Compensation for classified and unclassified non-exempt employees who work during a holiday is outlined in human resources policies and procedures.

(F) In accordance with divisions (F)(1) and (F)(2) of section 124.14 of the Revised Code, this rule supersedes any portion of the Revised Code or Administrative Code covering the same subject matter, including but not limited to section 124.19 of the Revised Code.

Last updated September 1, 2021 at 11:29 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 2/21/1980
Rule 3361:30-31-08 | Time off from work: policy for jury duty, subpoena to court for all employees.
 

The following rule applies to all employees except those covered by a collective bargaining agreement addressing the topic.

(A) Jury duty

(1) When called for jury duty and while serving as a juror, full-time employees receive time off at their normal rate of pay. Special problems involving pay for jury duty served by hourly paid employees may be taken up with human resources.

(2) Under normal circumstances, the university will not ask for deferment of jury duty. Should the release of an employee create a hardship for the administrative unit, the administrative unit head may contact human resources for deferral instructions.

(B) Subpoena to court

(1) Employees subpoenaed to appear in court as a witness on behalf of the university or a governmental unit shall be given time off with pay.

(2) Employees are not paid when they are subpoenaed to appear in court for criminal or civil cases being heard in connection with the employee's personal matters, including but not limited to appearing in traffic court, divorce proceedings, custody hearings, appearing as directed with a juvenile, and so forth. The time off may be charged to accrued compensatory time or vacation or may be taken without pay.

Last updated June 7, 2021 at 5:16 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 2/21/1980
Rule 3361:30-31-09 | Time off from work: policy regarding paid parental leave and leave for adoption and childrearing.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Last updated June 29, 2021 at 9:57 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Rule 3361:30-31-12 | Time off from work: policy for personal leave of absence without pay for employees.
 

The following rule applies to all employees except those employees covered by a collective bargaining agreement addressing this topic.

(A) Eligibility and approval

(1) An eligible employee may be granted a personal leave of absence without pay, subject to approval by the employee's supervisor/manager/director.

(2) All accrued vacation time must be used before a personal leave of absence without pay may be approved.

(3) The request for personal leave of absence shall only be granted by the supervisor/manager/director when the interest of the employee and the university would best be served by the granting of this leave.

(B) Duration and requests

(1) Personal leave of absence without pay may be granted to an employee for any period of time not to exceed one year.

(2) All requests for personal leave without pay must be made in writing to the employee's supervisor/manager/director.

(C) Continuation of benefits

(1) An employee does not accrue sick leave (time) or vacation time during a personal leave of absence without pay.

(2) An employee shall not receive pay for holidays which fall within the period of the personal leave of absence without pay.

(3) The university shall not continue to contribute to health care, group life insurance or long term disability, if applicable, during the period an employee is on personal leave of absence without pay.

An employee receiving a personal leave of absence without pay must make arrangements with the human resources department in order to continue payments for applicable benefits during the period for which no salary is paid.

(D) Retirement plan contributions will be made pursuant to the rules and regulations of the applicable pension system or plan.

(E) Return to position

(1) Upon completion of a personal leave of absence without pay, the employee is to be returned to the position formerly occupied unless the position has been abolished.

(2) Any person appointed to the position while an employee is on personal leave of absence without pay is to be appointed on a temporary basis.

(3) If an employee fails to return to work at the expiration of an approved personal leave of absence without pay and is notified by certified mail of the failure to return at the appointed date, the employee is reported as "absent without authorized leave" and subject to disciplinary action up to and including termination of employment.

(F) In accordance with divisions (F)(1) and (F)(2) of section 124.14 of the Revised Code, this rule supersedes any portion of the Revised Code or Administrative Code covering the same subject matter, including but not limited to section 124.386 of the Revised Code.

Last updated June 7, 2021 at 5:16 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 5/12/1978, 4/8/1979
Rule 3361:30-31-14 | Time off from work: policy for leave for family medical reasons.
 

The following rule applies to all employees not represented by a collective bargaining agreement.

(A) Eligibility and approval

(1) A leave of absence for "family medical reasons" may be provided to an employee. For purposes of this rule, a family medical reason is defined as caring for an immediate family member who is ill. An immediate family member is defined as: grandparents, brother, sister, brother-in-law, sister-in-law, daughter-in-law, son-in-law, father, mother, father-in-law, mother-in-law, grandparent-in-law, spouse, domestic partner, child, grandchild, legal guardian or other person who stands in place of a parent (in loco parentis).

(2) All accrued sick leave/time must be exhausted before leave without pay for family medical reasons may begin.

(3) Leave for family medical reasons and any extension of the leave must be approved in advance by the employee's supervisor.

(4) If applicable, the period of approved leave will be designated as FMLA when appropriate and will be counted against the employee's FMLA leave balance up to the full twelve weeks allowed.

(5) When requesting leave/time under this rule for five or more workdays, the employee must furnish a certification of healthcare provider form (CHCP) certifying the need for absence. The CHCP must include an estimation of the employee's expected date of return to work.

(B) Duration

(1) A leave of absence with pay for family medical reasons may be granted for duration of paid time off as long medical certification is provided..

(2) A leave of absence without pay for family medical reasons may be granted for up to six months as long as medical certification is provided.

(C) 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 family medical leave of absence with pay provided the employee makes his or her contributions. Retirement plan contributions will be made pursuant to rules and regulations of the applicable retirement plan.

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 family medical leave of absence without pay for up to one continuous year provided the employee makes his or her contributions.

The employee must make arrangements with the human resources department in order to continue payment for benefits (if applicable) during the period which no salary is paid.

Return to position

(D) 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.

In accordance with divisions (F)(1) and (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.

Last updated June 7, 2021 at 5:16 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Rule 3361:30-31-15 | Time off from work: policy for military leave.
 

(A) The human resources department will issue policies, procedures and practices establishing the processes through which employees may request and receive military leaves with or without pay and through which such employees shall be returned to work following such military leaves.

(B) The human resources department shall be responsible for monitoring requirements of the Uniformed Services Employment and Re-Employment Rights Act (USERRA) as well as any other relevant federal or state law or regulation dealing with military leave, and shall develop written policies and procedures to keep the university in compliance with all such laws and regulations.

Last updated June 7, 2021 at 5:16 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 10/17/1980
Rule 3361:30-31-19 | Time off from work: policy for accrual of sick time for unclassified employees.
 

The following rule applies to all employees except those covered by a collective bargaining agreement addressing this topic.

(A) Each full-time unclassified exempt employee shall be entitled to one and twenty-five-hundredths days of sick time per month in active pay status.

(B) Each full-time unclassified non-exempt employee shall be entitled to four point sixty hours per eighty hours in active pay status.

(C) Permanent part-time exempt employees accrue sick leave prorated on the percentage of their full time employment.

(D) Permanent part-time non-exempt employees accrue sick leave prorated based on hours worked.

(E) Sick time is not earned for any pay period an employee is on leave without pay.

(F) An employee who transfers from employment with the state of Ohio or any political subdivision of the state of Ohio shall be credited with the unused balance of accumulated sick time, upon verification from the agency.

(G) The previously accumulated sick time of an employee who has been separated from state service shall be credited to the employee upon reemployment in state service, provided that such reemployment takes place within ten years of the date on which the employee was last terminated from public service.

(H) Unused sick time may accrue without limitation.

(I) In accordance with divisions (F)(1) and (F)(2) of section 124.14 of the Revised Code, this rule supersedes any portion of the Revised Code or Administrative Code covering the same subject matter.

Last updated June 7, 2021 at 5:16 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 5/12/1978
Rule 3361:30-31-22 | Time off from work: policy for notification by employee for use of sick leave/time.
 

The following rule applies to all employees, excluding faculty and librarians.

(A) When an employee is unable to report to work, the employee must notify his/her immediate supervisor, or other designated person not later than one-half hour following the time the employee is scheduled to report to work on the first day of absence and each day thereafter.

(B) When an employee's duties must be continuously performed (an operation which operates 24 hours a day, seven days a week, 365 days a year), the employee must notify the supervisor or other designated person no less than two hours before the time scheduled to report to work on the first day of absence and each day thereafter.

(C) In the case of an extended illness exceeding five consecutive workdays, the employee is required to report additional absences to the immediate supervisor or other designated person. The policy for notification is as follows:

(1) In cases where institutionalization or hospitalization is required, the employee shall be responsible for notifying the immediate supervisor, or other designated person, upon admission and upon discharge.

(2) In cases where convalescence is required at home, the employee must notify their immediate supervisor, or other designated person, upon start and upon termination of convalescent period.

(3) In all these instances of extended illness, refer also to rule 3361:30-31-23 of the Administrative Code, "Time off from work: requirements for medical certification for use of sick leave."

(D) Failure to notify the immediate supervisor within the specified time period shall result in absence without authorized leave.

(E) Employees failing to comply with sick leave and or medical leave notification policy and procedure will not be paid.

Last updated June 7, 2021 at 5:16 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 2/21/1980
Rule 3361:30-31-23 | Time off from work: requirements for medical certification for use of sick time.
 

The following rule applies to all employees, except those employees covered by a collective bargaining agreement addressing this topic.

(A) The human resources department shall create policies and practices outlining the circumstances under which all eligible employees shall:

(1) Submit a certificate from a licensed health care professional describing the nature of the employee's or the employee's immediate family member's condition. Such policies and practices shall require that unless otherwise prohibited by state or federal law or regulation (such as the Family and Medical Leave Act) an employee who requires medical attention while absent on sick leave time shall provide a certificate from a licensed health care professional stating the nature of the illness in order to justify the use of sick time.

(2) Submit a certificate from a licensed health care professional stating the employee's inability to work and the probable date of recovery;

(3) Submit a certificate from a licensed health care professional stating the employee's ability to return to work and resume some or all the employee's job duties.

(B) In accordance with divisions (F)(1) and (F)(2) of section 124.14 of the Revised Code, this rule supersedes any portion of the Revised Code or Administrative Code covering the same subject matter, including but not limited to section 124.38 of the Revised Code.

Last updated June 7, 2021 at 5:16 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 4/24/1978
Rule 3361:30-31-26 | Time off from work: medical examination.
 

(A) The following rule applies to all employees, except those employees covered by a collective bargaining agreement addressing this topic.

(B) University employees may be required to undergo medical examinations as a condition of employment in accordance with established written policies by the human resources department. The policies and procedures shall comport and comply with all applicable federal, state and locale statutes, rules and regulations including the Americans with Disabilities Act (ADA).

Last updated June 7, 2021 at 5:16 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 10/26/1978, 10/5/1987
Rule 3361:30-31-28 | Time off from work: vacation policy.
 

The following rule applies to all employees, excluding classified part-time employees and those employees covered by a collective bargaining agreement addressing this topic.

(A) University employees accrue vacation according to the terms of their employment. Vacation accrual schedules and procedures shall be detailed in the human resources policies and procedures and/or applicable collective bargaining agreements.

(B) Employees may carry over vacation credit from year to year. For employees hired prior to January 1, 2015, the current annual vacation accrual rate times three-point-three is the maximum amount of vacation credit which an employee may carry at any given point in time, except as specified below. For employees hired on or after January 1, 2015, the annual vacation accrual rate times one-and-one-half is the maximum amount of vacation credit which an employee may carry forward at any given point in time, except as specified below. Employees are not entitled to accrue or to be paid for any vacation leave (time) beyond the maximum credit.

Coaches and assistant coaches hired by the department of athletics on or after January 1, 1984, but before January 1, 2015, may not accrue or be paid for any vacation leave beyond a total of twenty-two days. Coaches and assistant coaches hired after January 1, 2015, may not accrue or be paid for any vacation leave beyond a total of twenty days.

(C) Management shall attempt to schedule vacation period according to an employee's request: however, the needs and work schedule of the university and the employing unit shall have priority.

(D) Vacation up to the specified maximum continues to accrue during paid leaves of absence.

(E) Upon separation from the university, an employee is entitled to compensation for any accrued but unused vacation not in excess of the maximum credit.

Last updated June 7, 2021 at 5:16 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 4/24/1978, 5/12/1978, 2/21/1980
Rule 3361:30-31-29 | Time off from work: bereavement.
 

(A) The following rule applies to all employees except those employees covered by a collective bargaining agreement or an individual employment agreement that provides contrary language.

(B) Definitions:

(1) The term "bereavement" as used in the university rules and the human resources policies refers to the death of a member of the employee's immediate family.

(2) The term "immediate family" shall be defined as: grandparents, brother, sister, brother-in-law, sister-in-law, daughter-in-law, son-in-law, father, mother, grandparent-in-law, father-in-law, mother-in-law, spouse, domestic partner, child, grandchild, legal guardian or person who stands in place of a parent (in loco parentis). "Immediate family" also includes the brother, sister, daughter, son, grandparent, grandchild, father or mother of a domestic partner.

(C) Use of accrued sick time:

Use of accrued sick time for bereavement is subject to the approval of the employee's supervisor/manager/director or designee.

(D) Duration

An employee may use up to five working days of accrued sick time for bereavement following the death of a member of the employee's immediate family.

(E) In accordance with divisions (F)(1) and (F)(2) of section 124.14 of the Revised Code, this rule supersedes any provision of the Revised Code or the Administrative Code covering the same subject matter, including but not limited to section 124.387 of the Revised Code.

Last updated June 7, 2021 at 5:16 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361