Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-33 - Disability Leave › Section 123:1-33-05 - Payment of disability leave benefits

Current through all regulations passed and filed through July 1, 2024
Except as provided in paragraph (E) of rule
				123:1-33-12
				of the Administrative Code, the payment of claims filed before October 29, 2006
				is governed by rule
				123:1-33-12
				of the Administrative Code.
(A)
			 Waiting period. Disability leave benefits shall commence with the employee's
			 first scheduled workday following a waiting period of fourteen consecutive
			 calendar days. The waiting period shall commence the day the disabling illness,
			 injury, or condition prevents the employee from performing the duties of the
			 employee's position. During the waiting period, an employee may use accrued
			 paid leave, but is not permitted to work or be placed on administrative leave,
			 unless the employee is placed on administrative leave pursuant to paragraph (A)
			 or rule
			 123:1-33-09
			 of the Administrative Code.
(B)
			 Payment of disability leave benefits. For disability claims filed on or after
			 October 29, 2006 but before July 1, 2009, disability leave benefits will be
			 paid at seventy per cent of the employee's base rate of pay for the first three
			 months, and fifty per cent for the next nine months. After an employee has
			 exhausted three months of disability leave benefits, the employee shall be paid
			 at fifty per cent of the employee's base rate of pay for up to an additional
			 nine months on the original, subsequent related, or subsequent unrelated claim.
For new disability claims filed on or after July 1, 2009,
				disability leave benefits shall be paid at sixty seven per cent of the
				employee's base rate of pay up to a lifetime maximum of twelve months.
In no circumstances shall the total length of benefit exceed
				the maximum set forth in rule
				123:1-33-06
				of the Administrative Code.
For purposes of determining disability leave benefits, an
				employee's base rate of pay shall be determined as of the date the employee
				becomes disabled. Disability leave benefits shall be paid at this rate
				throughout the disability claim. Disability leave benefits are payable based on
				the employee's regular payroll cycle.
(C) Accrual of service credit. An employee
			 receiving disability leave benefits pursuant to Chapter 123: 1-33 of the
			 Administrative Code shall continue to accrue service credit for purposes of
			 determination of vacation benefits, annual step increases, longevity and
			 retirement benefits. Vacation leave benefits shall not accrue while an employee
			 is receiving disability leave benefits. The period during which an employee is
			 receiving disability benefits shall not count toward an employee's probationary
			 period.
(D) Payment of disability
			 retirement benefits. If an employee is approved to receive disability
			 retirement benefits, the employee shall receive the retirement benefit and a
			 supplement payment that equals a percentage of the employee's base rate of pay
			 and that, when added to the retirement benefit, equals no more than fifty per
			 cent of the employee's base rate of pay for the remaining nine months of the
			 disability leave benefit period. In order to receive the supplement payment the
			 employee will be required to submit proof of the amount of the approved
			 disability retirement benefit to the employee's appointing authority.
(E) Payment of retirement system
			 contributions. The employee shall be responsible for paying the employee's
			 share of retirement contributions. These contributions shall be made in the
			 amounts set pursuant to sections
			 145.296, 
									3307.261
								,
			 3309.471, and
			 5505.151 of the Revised Code for
			 members granted disability leave benefits based on the employee's base rate of
			 pay in effect at the time the employee becomes disabled.
(F) Payment of insurance premiums. During the
			 time an employee is in a no pay status while the claim for disability leave
			 benefits is being processed by the director and during the period that the
			 employee is receiving disability leave benefits, the employer's and employee's
			 share of the health, life and other insurance benefits will be paid by the
			 employer. If an employee has exhausted disability benefits, the employee is not
			 entitled to have health, life, or any other insurance benefit paid by the
			 employer. Only those insurance benefits paid in whole or in part by the state
			 shall be subject to the provisions of this rule. If an employee's claim for
			 disability leave benefits is subsequently denied by the director
			 or designee and the employee had been in a no pay
			 status while the employee's claim was being processed, it is the employee's
			 responsibility to reimburse the employer the insurance premiums paid on the
			 employee's behalf. An employee receiving disability leave benefits may
			 participate in an open enrollment period. Any change in the employee's health
			 insurance benefits will be effective at the beginning of the benefit
			 year.
(G) Supplementation of
			 benefits. An employee receiving disability leave benefits may indicate to the
			 employer a desire to supplement the disability leave benefits by utilizing
			 accumulated sick leave, personal leave, vacation leave balances as well as
			 compensatory time. Such supplementation shall have an effective date as of the
			 date the employee requests the supplementation. The sick leave, personal leave,
			 vacation leave balances and compensatory time shall be paid at a rate equal to
			 the employee's base rate of pay in effect at the time the employee became
			 disabled.
The total amount received by an employee while receiving
				disability leave benefits supplemented by sick leave credit, personal leave
				credit, vacation leave balances, and compensatory time, plus any amount
				contributed by the state on behalf of the employee pursuant to paragraphs (F)
				and (G) of this rule, shall be an amount sufficient to give the employee up to
				one hundred per cent of pay for time on disability leave.
(H) Payment of costs. All of the cost,
			 premium or charges for the benefits provided by the state employee disability
			 leave benefits program shall be paid by the state.
(I) Recovery of improperly paid benefits. The
			 director or designee shall initiate all necessary
			 steps to recover disability leave benefits or insurance premiums paid in error
			 or paid as a result of fraud, or to make any needed adjustments to ensure that
			 proper payment of benefits and insurance premiums has been made. When
			 necessary, the director or designee shall request
			 the attorney general to take appropriate action to recover improperly paid
			 benefits or insurance premiums.