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

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
Prior Effective Dates: 10/5/1987