Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-33 - Disability Leave › Section 123:1-33-03 - Conditions precluding receipt of disability leave benefits

Current through all regulations passed and filed through July 1, 2024
(A) Disability
			 leave benefits are not payable for any disability caused by or resulting from:
(1) Any injury or illness received in the
			 course of and arising out of any employment covered by any workers'
			 compensation, federal compensation plan, or during any period in which the
			 employee is receiving, or has been approved for occupational injury leave,
			 salary continuation, or lost time wages from the bureau of workers'
			 compensation except as outlined in paragraph (A)(1)(a) or (A)(1)(b) of this
			 rule.
(a) In the case of any injury or
			 illness which may be covered by the bureau of workers' compensation, an
			 employee may file an application for disability leave benefits within twenty
			 calendar days of the receipt of the denial order from the bureau of workers'
			 compensation. The employee must be denied the initial claim for workers'
			 compensation by the bureau of workers' compensation and the employee affirms
			 that no appeal of the bureau of workers' compensation denial order will be
			 filed by the employee.
(b) If an
			 employee appeals the order of the bureau of workers' compensation. The employee
			 may receive, as an advancement, disability leave benefits. To be eligible for
			 such advancement, an employee must file an application for disability leave
			 benefits and a copy of the bureau of workers' compensation order with the
			 appointing authority within twenty days of the notification by the bureau of
			 workers' compensation of the denial of an initial claim for workers'
			 compensation benefits. The appointing authority within five days of receipt
			 forward the application to the director or
			 designee. Disability leave benefits may then be advanced for a period of
			 twelve weeks or until the employee had been awarded benefits by the bureau of
			 workers' compensation, whichever is earlier. Advancements may be made only on
			 initial workers' compensation claims. All disability leave benefits received by
			 the employee as an advancement, must be reimbursed by the employee to the
			 disability leave benefits program if the employee has been awarded weekly wage
			 payments by the bureau of workers' compensation for the same time period for
			 which the advancement was made or the employee has been paid a lost time wage
			 settlement. Within twenty days of notification of a final order from the
			 industrial commission or notification of a final order from the court of common
			 pleas denying the claim for workers' compensation lost time wages, an employee
			 may request that the initial application be reviewed for extension of
			 disability leave benefits.
(c) If
			 an employee files an appeal of the order of denial by the bureau of workers'
			 compensation on an initial claim for workers' compensation, the employee may
			 file an initial application for disability within twenty calendar days of
			 notification of a final order from the industrial commission or notification of
			 a final order from a court of common pleas denying a claim for workers'
			 compensation benefits.
(d) An
			 employee who receives injury pay pursuant to section
			 124.381 or section
			 5503.08 of the Revised Code may
			 be eligible for disability leave benefits when injury pay expires if the
			 employee has received a final notice denying workers' compensation benefits and
			 has applied for disability leave benefits within twenty calendar days of such
			 notice.