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

Rule 123:1-41-21 | Layoff of employees on sick leave, leave without pay, or receiving disability leave benefits.

 

(A) Employees receiving sick leave at time of layoff. Employees who are on sick leave at the time a layoff is effective will be subject to layoff, under the provisions of this chapter. The effective date of layoff or displacement of an employee will not be extended on the basis that an employee is on sick leave.

(B) Employees on leave of absence without pay at time of layoff. An employee who is on a leave of absence without pay under the provisions of rule 123:1-34-01 of the Administrative Code at the time a layoff is effective will be subject to layoff under the provisions of this chapter. The effective date of a layoff or of displacement for an employee will not be extended on the basis that an employee is on a leave of absence without pay.

(C) Employees receiving disability leave benefits at time of layoff. An employee who is receiving disability leave benefits under the provisions of Chapter 123:1-33 of the Administrative Code at the time a layoff is effective will be subject to layoff under the provisions of this chapter. An employee who is to be laid off while receiving disability leave benefits continues to receive disability leave benefits until the period of disability is over and the employee would otherwise be able to return to work. The receipt of disability leave benefits will be subject to the provisions of Chapter 123:1-33 of the Administrative Code.

Last updated December 1, 2022 at 10:37 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.321, 124.385
Five Year Review Date: 9/15/2027
Prior Effective Dates: 1/10/1975, 7/31/1982, 4/7/2013