Ohio Administrative Code › Title 3335 - Ohio State University › Chapter 3335-73 - Leaves from Duty of Classified Civil Service Employee › Section 3335-73-05 - Involuntary disability separation

Current through all regulations passed and filed through July 1, 2024
(A) If the university believes that an
			 employee can no longer perform the essential job duties of the position, then
			 the university may require that the employee submit to a medical psychological,
			 and/or functional capacity examination performed by a licensed practitioner
			 designated by the university, and paid for by the university, prior to an
			 involuntary disability separation unless the employee is hospitalized at the
			 time such action is to be taken.
In lieu of requiring an examination, the university may use
				medical documentation submitted by the employee's licensed practitioner.
(B) When the university determines
			 that the employee is unable to perform the essential job duties of the position
			 and after receiving the information as noted in paragraph (A) of this rule, the
			 university shall hold a pre-separation hearing. The university shall provide
			 notice of the pre-separation hearing at least seventy-two hours prior to the
			 scheduled hearing.
(C) At the
			 pre-separation hearing, the university shall consider the information as noted
			 in paragraph (A) of this rule, the essential job duties of the employee's
			 position, and any additional evidence relating to the employee's ability to
			 perform the essential job duties. After considering the evidence, the
			 university shall either issue an involuntary disability separation order or
			 cease the separation proceedings. The appointing authority shall notify the
			 employee in writing of the university's decision.
(D) An employee separated pursuant to this
			 rule may appeal in writing to the state personnel board of review within ten
			 days after receiving the determination of involuntary disability
			 separation.
(E)
								
								Individuals reinstated after disability separation
			 or disability retirement shall be reinstated to
			 the same or similar position within a reasonable period of time after a written
			 application for reinstatement. Reinstatement shall be
			 in the jurisdiction in which they were employed when separated, except when
			 implementing reasonable accommodations under the Americans with Disabilities
			 Act requires reinstatement in another jurisdiction. Such application for
			 reinstatement shall be filed within two years from the date of separation
			 
								in
			 cases of disability separation or within five years in cases of OPERS
			 disability retirement. A complete reinstatement application must include
			 a 
								written request for
			 reinstatement by the employee shall be accompanied by a return to work release
			 by their treating physician. If the employee was granted disability
			 retirement, a licensed practitioner designated by the public employee
			 retirement board shall conduct the examination. Following reinstatement, the university may require the
			 employee to submit to an examination by a licensed practitioner designated by
			 the university to ensure that the employee can perform the essential functions
			 of the job. The university shall pay for the examination. Following
			 reinstatement, successful completion of reemployment screening is required. If
			 an employee does not pass any screening, a hearing will be held to determine
			 the employment action to be taken.