reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-27 - Suggestion Award System › Section 123:1-27-05 - Employee recognition award

Current through all regulations passed and filed through July 1, 2024
(A) Selection of nominee. Each agency,
			 office, board or commission will review each nomination submitted by any
			 employee eligible to participate in the employee recognition program and select
			 the most exemplary employee.
(B)
			 Amount of award. Each agency, office, board or commission shall determine the
			 type or amount of award to be granted. Awards may include, but are not limited
			 to, additional leave, award ceremonies, plaques and certifications, or other
			 provisions approved by the director.
(C) Award presentation. Each agency, office,
			 board or commission will be responsible for program implementation and award
			 presentation.
R.C. 119.032 review dates:
				05/15/2014 and
				05/15/2019
Promulgated
				Under: 119.03
Statutory Authority: 124.09
Rule Amplifies:
				124.17
Prior Effective Dates: 1/27/92 (Emer.), 4/25/92,
				1/18/09
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-28 - Combined Charitable Campaign › Section 123:1-28-01 - Combined charitable campaign

Current through all regulations passed and filed through July 1, 2024
The purpose of the combined charitable campaign is to provide
				state employees with the opportunity to make donations to charitable
				organizations through payroll deduction or one time contributions and to
				minimize workplace disruption by limiting solicitations for charitable
				contributions to one combined campaign per year.
(A) As used in this rule, the following
			 definitions shall apply:
(1) Campaign
			 coordinating organization. A participating charitable federation chosen by the
			 state steering committee to advise and assist the committee and others involved
			 in the combined charitable campaign with campaign planning and fund-raising
			 activities.
(2) Regional
			 coordinators. High level state and union officials in Franklin and Cuyahoga
			 counties, and in other major metropolitan areas as needed, who are designated
			 by the governor and the union respectively, and who provide leadership for the
			 combined charitable campaign in their respective geographical areas.
(3) State campaign co-chairs. Top level state
			 and union officials, designated by the governor and union respectively, who
			 provide statewide leadership for the combined charitable campaign.
(4) State campaign liaison. A representative
			 of the director of administrative services who serves as liaison between the
			 director and the state steering committee, and provides on-going administrative
			 support for the combined charitable campaign.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-29 - Performance Evaluation System › Section 123:1-29-02 - Review of performance evaluation within agency

Current through all regulations passed and filed through July 1, 2024
(A) Upon completion
			 of the performance evaluation form by the rater of an
			 employee in the service of the state, the rater should discuss the
			 evaluation with the employee. The employee shall sign the evaluation to
			 indicate that the employee
								 has 
								reviewed
								 the completed
			 
								evaluation. The employee's signature merely indicates
			 an acknowledgement that the employee has reviewed
			  a copy of the
			 completed evaluation; it does not indicate
			 agreement with its contents. An electronic signature,
			 using a method approved by the director, is a valid form of signature on the
			 evaluation. Refusal of the employee to sign the evaluation form shall
			 constitute waiver of the employee's right to a review of the performance
			 evaluation by the employing agency or the director.
(B) Each appointing authority shall establish
			 procedures providing for the review or modification of a rating.
			 At a minimum, the internal review procedure shall
			 include a review by the employee's rater and/or personnel officer.
Five Year Review (FYR) Dates:
				10/28/2015 and
				09/15/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.09
Prior
				Effective Dates: 1/9/76, 9/10/81, 2/4/96,
				11/18/12
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-29 - Performance Evaluation System › Section 123:1-29-03 - Review of performance evaluation by director of administrative services

Current through all regulations passed and filed through July 1, 2024
(A) Upon the employee's written request, the
			 director may review the annual performance evaluation of a state employee who
			 is exempt from collective bargaining. The director shall not review performance
			 evaluations of employees of the state colleges and universities or county
			 offices. An employee must request a review within fifteen days from the date of
			 disposition of the internal review by the employee's appointing authority. An
			 employee shall not be entitled to a review by the director until he or she has
			 exhausted all available internal review procedures of the employing agency.
(B) The director may review a
			 performance evaluation, whether or not an employee has so requested, when the
			 director has reason to believe that a review is justified.
(C) Following completion of the review, the
			 director may order:
(1) That the evaluation
			 stand unaltered,
(2) That all or
			 part of the evaluation be expunged from the employee's personnel file,
(3) That individual ratings be
			 raised or lowered, or
(4) Any
			 other appropriate remedy.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-30 - Disability Separations - Reinstatement › Section 123:1-30-01 - Involuntary disability separation

Current through all regulations passed and filed through July 1, 2024
(A) An employee who is unable to perform the
			 essential job duties of the position due to a disabling illness, injury or
			 condition may be involuntarily disability separated. An involuntary disability
			 separation occurs when an appointing authority has received substantial
			 credible medical evidence of the employee's disability and determines that the
			 employee is incapable of performing the essential job duties of the employee's
			 assigned position due to the disabling illness, injury or condition.
(B) An appointing authority
			 
								will
			 request that an employee submit to a medical or psychological examination,
			 conducted in accordance with rule
			 123:1-30-03 of the
			 Administrative Code, prior to the involuntary disability separating the
			 employee unless:
(1) The employee is
			 hospitalized at the time such action is taken,
(2) The employee has exhausted his or her
			 disability leave benefits, or
(3)
			 Substantial credible medical evidence already exists that documents the
			 employee's inability to perform the essential job duties.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-30 - Disability Separations - Reinstatement › Section 123:1-30-02 - Voluntary disability separation

Current through all regulations passed and filed through July 1, 2024
(A) An employee who is unable to perform the
			 essential job duties of the position due to a disabling illness, injury or
			 condition may request a voluntary disability separation. A voluntary disability
			 separation occurs when an employee does not dispute his or her inability to
			 perform the essential job duties of the position due to a disabling illness,
			 injury or condition.
(B) Appointing
			 authorities may grant an employee's request for voluntary disability separation
			 or may 
								have the employee  submit to a medical or psychological examination
			 pursuant to rule
			 123:1-30-03 of the
			 Administrative Code. If the examination supports the employee's request, the
			 appointing authority 
								will grant the employee's request for voluntary
			 disability separation. If the medical examination does not support the
			 employee's request, the appointing authority 
								will not
			 approve the employee's request for voluntary disability separation.
(C) Pre-separation hearing. An employee who
			 is granted a voluntary disability separation waives the right to a
			 pre-separation hearing with the agency's appointing
			 authority
								
								and to an appeal of the decision to approve the
			 employee's request with the state personnel board of
			 review.
(D) Right to
			 reinstatement. An employee 
								who is granted a voluntary disability separation
			 
								retains the right to be reinstated to his or her
			 position for two years from the date that the employee is no longer in active
			 work status due to a disabling illness, injury or condition. An employee may
			 submit a written request for reinstatement from a voluntary disability
			 separation in accordance with the procedure established in rule
			 123:1-30-04 of the
			 Administrative Code.
(E) For
			 purposes of this rule only, "active work status" does not include those hours
			 worked during a transitional work program authorized by paragraph (B) of rule
			 123:1-33-07 of the
			 Administrative Code or in a temporary part-time position authorized by
			 paragraph (A) of rule
			 123:1-33-07 of the
			 Administrative Code.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-30 - Disability Separations - Reinstatement › Section 123:1-30-03 - Medical and psychological examinations

Current through all regulations passed and filed through July 1, 2024
(A) An appointing authority may require that
			 an employee submit to medical or psychological examinations for purposes of
			 disability separation or a reinstatement from disability separation. The
			 appointing authority 
								will select one or more licensed practitioners to
			 conduct the examinations.
(B) Prior
			 to any examination, the appointing authority 
								will supply the
			 examining practitioner with facts relating to the perceived disabling illness,
			 injury or condition, as well as
								
								the physical
			 and mental requirements of the employee's position; duty statements; job
			 classification specifications; and position descriptions. Both the appointing
			 authority and the employee 
								will receive the results of any examination and
			 related documents subject to division (C)(1) of section
			 1347.08 of the Revised
			 Code.
(C) Except as provided in
			 paragraph (D) of this rule, the appointing authority 
								pays the
			 cost of the examinations.
(D)
			 Employee's failure to appear for examination. An employee's refusal to submit
			 to an examination, the unexcused failure to appear for an examination, or the
			 refusal to release the results of the examination amounts to insubordination,
			 punishable by the imposition of discipline up to and including removal. An
			 employee will be responsible for the costs associated with an unexcused failure
			 to appear at a scheduled examination.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-30 - Disability Separations - Reinstatement › Section 123:1-30-05 - Disclosure of medical reports

Current through all regulations passed and filed through July 1, 2024
Disclosure of any information or related documents, provided by
				or prepared by an examining physician, psychiatrist, psychologist or other
				licensed practitioner, is subject to division (C)(1) of section
				1347.08 of the Revised Code.
Replaces: 123:1-33-05
Five Year Review (FYR) Dates:
				5/15/2018 and
				05/15/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.32,
				124.385
Prior
				Effective Dates: 09/05/1993,
				10/29/2006
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-30 - Disability Separations - Reinstatement › Section 123:1-30-06 - Leave benefits for an employee given a disability separation

Current through all regulations passed and filed through July 1, 2024
Any employee who is given a disability separation under the
				provisions of rule
				123:1-30-01 or rule
				123:1-30-02 of the
				Administrative Code and who is eligible to receive disability leave benefits
				under the provisions of Chapter
				123:1-33 of the Administrative
				Code may apply for disability leave benefits within twenty calendar days after
				the date the employee is given a disability separation. The approval of a claim
				for disability leave benefits 
								is governed by the provisions of Chapter 123:1-33
				of the Administrative Code.
An employee who is given a disability separation pursuant to
				rule 123:1-30-01 or rule
				123:1-30-02 of the
				Administrative Code 
								will cease to receive benefits pursuant to
				section 124.381 of the Revised Code and
				rule 123:1-33-17 of the
				Administrative Code.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-31 - Removals, Reductions, or Suspensions › Section 123:1-31-01 - General procedure for removals, reductions, suspensions, or fines

Current through all regulations passed and filed through July 1, 2024
A removal, reduction in pay or position, suspension
				or fine of more than forty work hours in the case
				of an employee exempt from the payment of overtime compensation, a suspension
				or fine of more than twenty-four work hours in
				the case of an employee not exempt from the payment
				of
								 overtime
				compensation, , or
				the reduction or elimination of longevity, except as otherwise provided in
				division 123:1 of the Administrative Code, 
								will be made
				for one or more of the statutory reasons enumerated in section
				124.34 of the Revised Code. The
				employee 
								will be notified in writing, on a form provided by the
				director or the state personnel board of review, or equivalent form, of the
				statutory reasons for the action and the effective date thereof. This form
				
								will
				advise the employee of the right to appeal. Any such appeal
				
								will be
				made in accordance with the rules of the state personnel board of review. The
				denial of a one-time pay supplement or a bonus to officer or employee is not a
				reduction in pay for purposes of this rule.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-31 - Removals, Reductions, or Suspensions › Section 123:1-31-02 - Step reduction

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule, "step
			 reduction" means reducing an employee one step in the applicable pay table for
			 purposes of calculating the employee's compensation.
(B) At the appointing authority's discretion,
			 an employee may receive a step reduction as a form of progressive discipline.
			 This form of discipline 
								is only to be
			 imposed as an alternative to termination and 
								will not
			 interfere with the employee's normal step anniversary.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-31 - Removals, Reductions, or Suspensions › Section 123:1-31-03 - Absence without leave

Current through all regulations passed and filed through July 1, 2024
(A) Any employee in the classified service
			 who is absent from duty habitually or for three or more successive duty days,
			 without leave and without approval by the employee's appointing authority for
			 such absence may be subject to removal for neglect of duty under provisions of
			 section 124.34 of the Revised
			 Code.
(B) This rule does not
			 require an appointing authority to initiate removal action if it is determined
			 to be unwarranted nor does it preclude removal action for a shorter period of
			 absence if the absence is of sufficient seriousness. The determination as to
			 what constitutes a serious situation 
								is made by the appointing authority
			 of the agency.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-31 - Removals, Reductions, or Suspensions › Section 123:1-31-04 - Reduction or demotion

Current through all regulations passed and filed through July 1, 2024
Reduction or demotion 
								will be made only for one or more of the reasons
				given in section 124.34 of the Revised Code,
				except that voluntary written agreement by an employee to a demotion or
				reduction 
								is considered a satisfactory basis for such action in
				the absence of evidence to the contrary. The salary of an employee following
				demotion 
								will be fixed by the director at the equitable rate,
				not to exceed the rate of pay prior to the demotion.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-31 - Removals, Reductions, or Suspensions › Section 123:1-31-05 - Definition of unsatisfactory performance

Current through all regulations passed and filed through July 1, 2024
As used in section
				124.34 of the Revised Code, the
				term "unsatisfactory performance" means actions by an employee in the service
				of the state that do not meet the established expectations of the employee's
				position or classification, or of the appointing authority for such employee or
				others in the employee's position or classification, which includes, but is not
				limited to, the following:
(A)
								Failure to meet established work standards for a
			 position;
(B)
								Failure to adequately perform the established duties of
			 a position;
(C)
								Failure to meet established goals;
(D)
								Failure to meet
			 established competencies;
(E)
								Failure to adequately complete a training plan;
			 or
(F)
								Failure to adequately complete a performance
			 improvement plan.
Five Year Review (FYR) Dates:
				5/15/2018 and
				05/15/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09,
				124.34
Rule
				Amplifies: 124.34
Prior
				Effective Dates: 08/11/2016
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-32 - Sick and Personal Leave › Section 123:1-32-02 - Notification for use of sick leave by employees paid by warrant of the director of budget and management

Current through all regulations passed and filed through July 1, 2024
(A) Notification. An employee who is unable
			 to report for work, and who is not on a previously approved day of vacation,
			 sick leave, personal leave, compensatory time, leave of absence, or other
			 approved leave shall be responsible for notifying the employee's immediate
			 supervisor or other individual designated by the appointing authority that he
			 or she will be unable to report for work. The notification must be made within
			 one-half hour after the time the employee is scheduled to report for work,
			 unless emergency conditions prevent such notification. If operational needs of
			 an appointing authority require a different notification time, the appointing
			 authority may establish a reasonable notification time requirement. The
			 appointing authority shall be responsible for informing all employees of the
			 applicable notification policy.
(B) Notification for extended sick leave. In
			 the case of a condition exceeding three consecutive calendar days, a
			 physician's statement specifying the employee's inability to report to work and
			 the probable date of recovery may be required.
Five Year Review (FYR) Dates:
				1/15/2020 and
				01/15/2025
Promulgated
				Under: 119.03
Statutory Authority: 124.09
Rule Amplifies:
				124.382
Prior Effective Dates: 03/29/1982, 02/04/1996, 11/10/1996,
				12/01/2006
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-32 - Sick and Personal Leave › Section 123:1-32-03 - Sick leave credit and charge of sick leave for employees of state colleges or universities

Current through all regulations passed and filed through July 1, 2024
(A) Sick leave credit. All employees in the
			 various offices of  state colleges or universities, including part-time,
			 seasonal, and intermittent, shall earn sick leave credit at the rate of four
			 and six-tenths hours for each eighty hours of completed service
			 .
			 Sick leave credit shall be prorated to the hours of completed service in each
			 pay period.
(B) Charge of sick
			 leave. Sick leave used by an employee in the various offices
			 
								of state colleges or universities
			 shall be charged in minimum units established by such offices. Employees shall
			 be charged sick leave only for the days and hours for which they would have
			 otherwise been regularly scheduled to work. Sick leave shall not exceed the
			 amount of time an employee would have been regularly scheduled to work in any
			 pay period.
Five Year Review (FYR) Dates:
				1/15/2020 and
				01/15/2025
Promulgated
				Under: 119.03
Statutory Authority: 124.09
Rule Amplifies:
				124.38
Prior Effective Dates: 03/29/1982, 02/04/1996,
				11/18/2012
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-32 - Sick and Personal Leave › Section 123:1-32-04 - Notification for use of sick leave by employees of state colleges or universities

Current through all regulations passed and filed through July 1, 2024
(A) Notification. An employee who is unable
			 to report for work, and who is not on a previously approved day of vacation,
			 sick leave, compensatory time, leave of absence, or other approved leave shall
			 be responsible for notifying the employee's immediate supervisor or other
			 individual designated by the appointing authority that he will be unable to
			 report for work. The notification must be made within one-half hour after the
			 time the employee is scheduled to report for work, unless emergency conditions
			 prevent such notification. If operational needs of an appointing authority
			 require a different notification time, the appointing authority may establish a
			 reasonable notification time requirement. The appointing authority shall be
			 responsible for informing all employees of the applicable notification policy.
(B) Notification for extended sick
			 leave. In the case of a condition exceeding seven consecutive calendar days, a
			 physician's statement specifying the employee's inability to report to work and
			 the probable date of recovery shall be required.
Five Year Review (FYR) Dates:
				1/15/2020 and
				01/15/2025
Promulgated
				Under: 119.03
Statutory Authority: 124.09
Rule Amplifies:
				124.38
Prior Effective Dates: 03/29/1982, 02/04/1996,
				11/18/2012
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-32 - Sick and Personal Leave › Section 123:1-32-05 - Sick leave uses, evidence of use, and abuse for employees paid by warrant of the director of budget and management and employees of state colleges or universities

Current through all regulations passed and filed through July 1, 2024
(A) Uses. With the approval of an employee's
			 appointing authority, sick leave may be used by the employee only for the
			 following reasons:
(1) Illness, injury, or
			 pregnancy-related condition of the employee.
(2) Exposure of an employee to a contagious
			 disease which could be communicated to and jeopardize the health of other
			 employees.
(3) Examination of the
			 employee, including medical, psychological, dental, or optical examination, by
			 an appropriate licensed practitioner.
(4) Death of a member of the employee's
			 immediate family. Such usage shall be limited to a reasonably necessary time
			 beyond any bereavement leave benefit, not to exceed five days.
(5) Illness, injury, or pregnancy-related
			 condition of a member of the employee's immediate family where the employee's
			 presence is reasonably necessary for the health and welfare of the employee or
			 affected family member.
(6)
			 Examination, including medical, psychological, dental, or optical examination,
			 of a member of the employee's immediate family by an appropriate licensed
			 practitioner where the employee's presence is reasonably necessary.
(7) Donation of leave to a co-worker in
			 accordance with leave donation programs established pursuant to section
			 124.391 of the Revised Code.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-32 - Sick and Personal Leave › Section 123:1-32-06 - Inadequate sick leave for employees paid by warrant of the director of budget and management and employees of state colleges or universities

Current through all regulations passed and filed through July 1, 2024
If any disabling illness or injury continues past the time for
				which an employee has accumulated sick leave, the appointing authority may
				authorize a leave of absence without pay in accordance with Chapter 123:1-34 of
				the Administrative Code or if the employee is eligible, recommend disability
				leave benefits in accordance with Chapter 123:1-33 of the Administrative Code.
Five Year Review (FYR) Dates:
				1/15/2020 and
				01/15/2025
Promulgated
				Under: 119.03
Statutory Authority: 124.09
Rule Amplifies:
				124.38, 124.382
Prior Effective Dates: 03/29/1982, 12/01/2006,
				11/18/2012
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-32 - Sick and Personal Leave › Section 123:1-32-10 - Transfer of sick leave, personal leave and vacation leave credits, restoration of sick leave, personal leave and vacation leave credit

Current through all regulations passed and filed through July 1, 2024
(A) Transfer of
			 leave.
(1) Transfer of sick leave credit. An
			 employee who transfers from one public agency to another, shall be credited
			 with the unused balance of the accumulated sick leave credit up to the maximum
			 sick leave accumulation permitted in the public agency to which the employee
			 transfers. An employee who is paid directly by warrant of the director of the
			 office of budget and management that transfers to a public agency in which
			 employees are paid directly by warrant of the director of budget and management
			 shall be credited with the entire unused sick leave balance.
(2) Transfer of personal leave credit. An
			 employee who transfers from one public agency to another shall be credited with
			 the unused balance of his or her entire personal leave credit, provided that if
			 the employee is no longer eligible to receive personal leave credit in
			 accordance with section
			 124.386 of the Revised Code, the
			 employee will receive personal leave cash conversion benefits as provided in
			 division (E) of section
			 124.386 of the Revised
			 Code.
(3) Transfer of vacation leave
			 credit.
(a) An employee who transfers from one
			 public agency to another shall be credited with the unused balance of the
			 accumulated vacation leave credit up to the maximum vacation leave accumulation
			 permitted by the public agency to which the employee transfers. For purposes of
			 this rule, "public agency" includes both county and state of Ohio service for
			 purposes of transferring unused vacation pursuant to section
			 124.13 of the Revised
			 Code.
(b) When an employee
			 transfers from a position that has been authorized for an annual leave accrual
			 maximum greater than the maximum allowed in division (B) of section
			 124.134 of the Revised Code, the
			 employee forfeits the right to be credited with the vacation leave that is in
			 excess of the maximum allowed by division (B) of section
			 124.134 of the Revised Code, and
			 instead shall receive payment for the excess leave at a rate equal to the
			 employee's base rate of pay for the position authorizing the greater annual
			 leave accrual maximum.
(c) When
			 
										an
			 employee transfers from one public agency to another the releasing public
			 agency shall provide the receiving public agency with documentation certifying
			 the employee's balance to be transferred and that the releasing agency has
			 eliminated the balance from their records upon
			 transfer.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-32 - Sick and Personal Leave › Section 123:1-32-11 - Leave retention options for employees appointed to positions governed by section 121.03 of the Revised Code or a similar position that does not accrue leave

Current through all regulations passed and filed through July 1, 2024
(A) Sick leave. Upon appointment to a
			 position governed by section
			 121.03 of the Revised Code or a
			 similar position that does not accrue sick leave under section
			 124.38 or
			 124.382 of the Revised Code, an
			 employee with accrued and unused sick leave balances may:
(1) Receive compensation at the employee's
			 base rate of pay for all accrued and unused sick leave accrued under sections
			 124.38 and
			 124.382 of the Revised Code. The
			 employee shall be compensated at the employee's base rate of pay at the rates
			 established in division (A) of section
			 124.384 of the Revised Code, or;
(2) Retain the accrued and unused
			 sick leave and, upon completion of the employee's appointment, receive
			 compensation at the employee's then current base rate of pay at the rates
			 established in division (A) of section
			 124.384 of the Revised Code for
			 all accrued and unused sick leave accrued under section
			 124.38 or
			 124.382 of the Revised Code,
			 provided that the employee does not return to a position in the state service
			 that accrues sick leave under section
			 124.38 or
			 124.382 of the Revised Code.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-33 - Disability Leave › Section 123:1-33-01 - Eligibility for disability leave benefits

Current through all regulations passed and filed through July 1, 2024
(A) Eligibility. Any full-time permanent
			 employee with a disabling illness, injury, or condition that will last more
			 than fourteen consecutive calendar days who has completed one year of
			 continuous state service immediately prior to the date of the disability and
			 whose salary or wage is paid directly by warrant of the director of the office
			 of budget and management is eligible for disability leave benefits granted
			 under the provisions of section
			 124.385 of the Revised Code and
			 Chapter 123:1-33 of the Administrative Code. To be eligible for disability
			 leave benefits, an employee must be disability separated pursuant to rule
			 123:1-30-01
			 of the Administrative Code or rule
			 123:1-30-02
			 of the Administrative Code; or in active pay status or approved sick leave; or
			 on approved disability leave; or approved leave of absence pursuant to rule
			 123:1-34-01
			 of the Administrative Code or the appropriate collective bargaining agreement
			 for the employee's personal medical reasons.
(B) Recovery period. An employee eligible
			 pursuant to paragraph (A) of this rule shall only receive disability leave
			 benefits if the employee is medically or mentally
			 incapable of performing the duties of their position. Such an employee, with
			 the approval of the director of administrative services or designee, may receive disability leave benefits up
			 to the standard recovery period as defined in the department of administrative
			 services' recovery period guidelines.
The director of administrative services or designee may delegate to any agency the authority
				to approve benefits for up to a standard recovery period for a select list of
				disabilities from the department of administrative services' recovery period
				guidelines. Only the department of administrative services shall have the
				authority to deny an application for disability benefits.
If the employee does not return to work following a standard
				recovery period, and submits additional information, the employee's claim will
				be reviewed to determine if the employee is capable of:
(1) Performing the duties of the employee's
			 position; or
(2) Performing duties
			 of a similar position or work activities under a transitional work
			 program.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-33 - Disability Leave › Section 123:1-33-04 - Appeal of a denial

Current through all regulations passed and filed through July 1, 2024
If a request for disability leave benefits is denied the
				employee shall be informed of the denial in writing. The employee may file, in
				writing and within thirty days of the notice of the denial, a request for an
				appeal of the denial with the director or designee. Information regarding the
				denial of the employee's application may be submitted with the employee's
				request for an appeal and such information will be considered during the appeal
				process. If an appeal is not filed within thirty days of the original
				notification of the denial, the director or designee shall enter the
				determination as a final decision.
Where a medical question is at issue, the director or designee
				shall, upon receiving a written request for an appeal, obtain a medical opinion
				from an independent third party. The selection of a third party shall be made within fifteen
				days of the appeal request unless an extension is agreed to by the parties. The
				third party shall render a medical opinion within thirty days of the selection
				and the decision of the third party shall be binding. If the third party review
				results in a denial of benefits, a hearing will be scheduled pursuant to
				Chapter 119. of the Revised Code.
Where a medical question is not at issue, the director or
				designee will schedule a hearing pursuant to Chapter 119. of the Revised
				Code.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-33 - Disability Leave › Section 123:1-33-06 - Length of eligibility

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 length of eligibility for claims filed before
				October 29, 2006 is governed by rule
				123:1-33-12
				of the Administrative Code.
(A) An
			 employee remains eligible for disability leave benefits until it is determined
			 that the employee is no longer disabled, the effective date of
			 disability retirement from a state employees'
			 or federal retirement system, or the employee has
			 utilized a lifetime maximum of twelve months of paid disability
			 leave.
(B) The length of a
			 disability shall be calculated and prorated on a daily basis when the employee
			 is participating in a transitional work program pursuant to paragraph (B) of
			 rule
			 123:1-33-07
			 of the Administrative Code or in a temporary part-time position pursuant to
			 paragraph (A) of rule
			 123:1-33-07
			 of the Administrative Code. All hours worked during an authorized transitional
			 work program or in a temporary part-time position shall not be counted toward
			 the employee's lifetime maximum up to a limit of ninety days total. All
			 disability hours paid pursuant to an authorized transitional work program of a
			 part-time position shall count toward the employee's lifetime
			 maximum.
(C) All disability leave
			 benefits that were granted for claims filed on or
			 after October 29, 2006 shall be counted toward the lifetime maximum limitation
			 established in paragraph (A) of this rule.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-33 - Disability Leave › Section 123:1-33-07 - Transitional or partial return to work

Current through all regulations passed and filed through July 1, 2024
(A) With the approval of the employee's
			 appointing authority, an employee who serves a fourteen consecutive day waiting
			 period may return on a part-time basis or may participate in a rehabilitation
			 work training program and may receive disability benefits. The employee may be
			 reinstated on a part-time basis to the employee's position for up to ninety
			 days. The employee's participation may be extended if the employee is
			 undergoing a rehabilitation treatment plan prescribed by the employee's
			 attending physician. An employee who returns to work part-time, including but
			 not limited to a return to work program, rehabilitation work training program,
			 or pursuant to a physician's statement during a disability leave benefit period
			 shall receive any pay increases, for any hours in active work status, to which
			 the employee would have otherwise been entitled if he or she were not receiving
			 disability leave benefits. Before a return to work on a part-time basis, the
			 employee shall provide to the appointing authority a physician's statement
			 indicating the number of hours the employee could work and any restrictions
			 placed on the employee's activities. The employee will continue to receive
			 disability leave benefits for the hours that the employee is unable to
			 work.
(B) Transitional work
			 program. A transitional work program may be provided by the appointing
			 authority for thirty days. Participation in the program shall be based upon the
			 recommendation of the employee's attending physician. The program may be
			 extended beyond thirty days to a maximum of ninety days based upon the
			 recommendation of the employee's attending physician. An employee will continue
			 to receive disability leave benefits for the hours the employee is unable to
			 work while in an authorized transitional work program.
During the time an employee is in a transitional work program,
				the employee will be assigned duties which the employee is capable of
				performing based upon the recommendation of the employee's attending physician.
				An employee must participate in a transitional work program unless precluded
				from participation by the employee's attending physician. The employee will be
				paid at the same regular rate of pay as prior to receiving disability leave
				benefits except that the employee will receive any pay increases to which the
				employee is entitled for any hours in active work status.
The appointing authority shall reinstate the employee on a
				full-time basis to the employee's position, provided the director
				or designee has determined that the employee is
				no longer disabled and the employee's physician has released the employee to
				perform the duties of the position.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-33 - Disability Leave › Section 123:1-33-08 - Subsequent disability

Current through all regulations passed and filed through July 1, 2024
(A) A subsequent disability unrelated to a
			 previous illness, injury, or condition shall be considered the same claim if it
			 occurs while an employee is on an approved disability leave.
(B) A subsequent unrelated disability that
			 occurs following a previously requested disability leave benefit period shall
			 be considered a new claim. A new waiting period shall be served before the
			 employee will be eligible to receive disability leave benefits.
(C) Except as provided in paragraph (F) of
			 this rule, a related disability that occurs beyond six months of the employee's
			 return to active work status shall be considered a new disability claim. A new
			 waiting period shall be served before the employee will be eligible to receive
			 disability leave benefits.
(D)
			 Except as provided in paragraph (F) of this rule, a related disability that
			 occurs before six months have passed since the employee's return to active work
			 status shall be considered the same disability claim. Though a new waiting
			 period shall not be served, benefits shall be payable from the first day of the
			 subsequent disability provided the employee remains disabled and off work for
			 at least fourteen consecutive calendar days. The rate of payment for a related
			 disability shall be based on the rate of the original disability claim as
			 stated in rule
			 123:1-33-05
			 of the Administrative Code.
(E)
			 Except as provided in paragraph (F) of this rule, a subsequent
			 related disability that occurs within six months of an employee's return to
			 active work status and following a previously requested disability leave
			 benefit that was filed before October 29, 2006 shall be considered a new claim.
			 A new waiting period shall be served before the employee will be eligible to
			 receive disability leave benefits.
(F) A subsequent related disability that
			 occurs while the employee is participating in an authorized work program shall
			 be considered the same disability. Though a new waiting period shall not be
			 served, benefits shall be payable from the first day of the subsequent
			 disability provided the employee remains disabled and off work for at least
			 fourteen consecutive calendar days. The rate of payment for a related
			 disability shall be based on the rate of the original disability claim as
			 stated in rule
			 123:1-33-05
			 of the Administrative Code.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-33 - Disability Leave › Section 123:1-33-09 - Discipline of an employee receiving disability leave benefits

Current through all regulations passed and filed through July 1, 2024
(A) An employee
			 receiving disability leave benefits may be disciplined pursuant to the
			 provision of section 124.34 of the Revised Code or an
			 applicable collective bargaining agreement. If the appointing authority
			 conducts a pre-disciplinary investigatory interview that requires the
			 participation of the employee, the employee may be granted administrative leave
			 with pay for the duration of the interview. The employee shall not receive
			 payment of disability leave benefits for those hours spent on administrative
			 leave with pay, nor shall the hours count towards the employee's lifetime
			 maximum benefit.
(B) If an employee
			 is removed from service, disability leave benefits shall be discontinued as of
			 the date the employee is removed from service. The appointing authority shall
			 be responsible for notifying the director or
			 designee of any employee removed from service who is receiving disability
			 benefits.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-33 - Disability Leave › Section 123:1-33-11 - Notice of disqualification from receipt of disability leave benefits

Current through all regulations passed and filed through July 1, 2024
(A) An employee's
			 benefits will be terminated if the employee:
(1) Is removed from state service or
			 certified against except as provided under rule
			 123:1-41-21
			 of the Administrative Code;
(2)
			 Engages in any occupation for wage or profit that is the same or similar to
			 their current state of Ohio position, or has the same or similar physical
			 requirements, except as provided in rule
			 123:1-33-07
			 of the Administrative Code;
(3)
			 Engages in any act of fraud or misrepresentation involving the disability claim
			 including the alteration of attending physician
			 statements;
(4) Does not
			 consult a state licensed practitioner for necessary medical
			 or mental health care pursuant to paragraph (D)
			 of rule
			 123:1-33-01
			 of the Administrative Code or fails to comply with the
			 prescribed treatment plan;
(5) Does not notify the appointing authority
			 of a change of address pursuant to paragraph (F) of rule
			 123:1-33-02
			 of the Administrative Code;
(6) Is
			 convicted of the commission of a felony; or
(7) Does not comply in a timely manner with
			 state employees' retirement system pursuant to paragraph (D) of rule
			 123:1-33-02
			 of the Administrative Code.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-33 - Disability Leave › Section 123:1-33-12 - Claims filed before October 29, 2006

Current through all regulations passed and filed through July 1, 2024
This rule governs only claims for disability leave benefits
				that were filed before October 29, 2006. Claims for a subsequent related
				disability that occurs within six months of an employee's return to active work
				status and following a previously requested disability leave benefit that were
				filed before October 29, 2006 are not governed by this rule.
(A) Payment of disability leave benefits.
			 Disability leave benefits shall be paid at seventy per cent of the employee's
			 base rate of pay for the first six months, and fifty per cent of the employee's
			 base rate of pay for up to an additional eighteen months.
For the 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.
(B) 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 eighteen 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.
(C) Length of eligibility. An eligible
			 employee shall be eligible to receive disability leave benefits until it is
			 determined that the employee is no longer disabled, the effective date of
			 retirement from a state employees' retirement system, or the employee has
			 utilized a lifetime maximum as follows:
(1)
			 Employees with less than eight years of service shall be eligible to receive
			 disability leave benefits for a maximum of twenty-four months.
(2) Employees with eight years of service but
			 less than sixteen years of service shall be eligible to receive disability
			 leave benefits for up to twenty-four months per disability not to exceed a
			 total of thirty-six months.
(3)
			 Employees with sixteen or more years of service shall be eligible to receive
			 disability leave benefits for up to twenty-four months per disability not to
			 exceed a total of forty-eight months.
(4) In no case shall an employee's disability
			 leave benefits for a single claim exceed two years (seven hundred and thirty
			 calendar days, seven hundred and thirty-one calendar days when a leap year is
			 included) from the date the disability leave benefits commence.