Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-30 - Disability Separations - Reinstatement › Section 123:1-30-04 - Right to reinstatement; rights of appeal

Current through all regulations passed and filed through July 1, 2024
(A) Timeline for reinstatement. An employee
			 may make a written request to the appointing authority for reinstatement from a
			 disability separation. An employee may not make a first request for
			 reinstatement until three months from the date the employee was no longer in
			 active work status. The appointing authority 
								will notify the
			 employee of its decision to approve or deny the reinstatement request no later
			 than sixty days after it receives the employee's written request. The employee
			 
								will
			 not make subsequent requests for reinstatement more than once every three
			 months from the date the employee is notified of a reinstatement denial. An
			 employee is not eligible for reinstatement if the request occurs later than two
			 years from the date that the employee was no longer in active work status due
			 to the disabling illness, injury, or condition.
(B) Requirements for reinstatement. The
			 employee's request for reinstatement shall be accompanied by substantial,
			 credible medical evidence that the employee is once again capable of performing
			 the employee's essential job duties. Upon receiving this evidence, the
			 appointing authority 
								will either 
								reinstate
			 the employee or require the employee to submit to a medical or psychological
			 examination in accordance with rule
			 123:1-30-03 of the
			 Administrative Code.
(C) Initial
			 determination. The appointing authority will review the substantial credible
			 medical evidence submitted by the employee 
								and the results of
			 a medical or psychological examination conducted in accordance with rule
			 123:1-30-03 of the
			 Administrative Code and make an initial determination of whether
			  the employee is capable of
			 performing the essential duties of the employee's position. If the appointing
			 authority initially determines that the employee is once again capable of
			 performing the essential job duties, the appointing authority
			 
								will
			 reinstate the employee. If the appointing authority initially determines that
			 the employee remains incapable of performing the essential job duties, the
			 appointing authority 
								will
								
								conduct a
			 pre-reinstatement hearing.
(D)
			 Pre-reinstatement hearing. An employee 
								will be
			 provided written notice at least seventy-two hours in advance of the
			 pre-reinstatement hearing. If the employee does not waive the right to a
			 hearing, then at the hearing the employee has a right to examine the appointing
			 authority's evidence of continuing disability, to rebut that evidence, and to
			 present testimony and evidence on the employee's own behalf.
(E) Determination. The appointing authority
			 will weigh the testimony presented and evidence admitted at the
			 pre-reinstatement hearing to determine whether the employee is able to perform
			 the essential job duties of the employee's assigned position. If the appointing
			 authority finds that the employee
			 is capable of performing the essential job duties
			 of the position, then the appointing authority
			 
								will
			 reinstate the employee. If the appointing authority finds the employee
			 incapable of performing essential duties, then the appointing authority
			 
								will
			 not reinstate the employee.
(F) If
			 the appointing authority determines that 
								the employee committed an act that is inconsistent
			 with the employee's disabling illness, injury or condition, then that act may
			 be considered by the appointing authority when determining an employee's
			 eligibility for reinstatement.
(G)
			 Once an appointing authority determines that the employee is to be reinstated,
			 then the employee has a right to be assigned to a position in the
			 classification the employee held at the time of disability separation. If the
			 classification the employee held at the time of disability separation no longer
			 exists or is no longer utilized by the appointing authority, then the employee
			 
								will be
			 placed in a similar classification. If no similar classification exists, or the
			 employee no longer meets the minimum qualifications, the employee may be laid
			 off in accordance with Chapter 123:1-41 of the Administrative Code and sections
			 124.321 to
			 124.327 of the Revised Code or
			 in accordance with an applicable collective bargaining agreement executed in
			 accordance with Chapter 4117. of the Revised Code.
(H) If the employee has been granted
			 disability benefits by a state retirement system, the requirements of this rule
			  apply for the length of time that the
			 applicable state retirement system 
								provides that the employee
			 will
								 be
			 considered for reemployment, except that a licensed practitioner
			 
								will be
			 appointed by the public employees retirement board and application for
			 reinstatement 
								will not be filed after the date of service
			 eligibility retirement. Employers 
								will restore an employee found to be physically
			 and mentally capable of resuming service pursuant to the statutes and rules of
			 the applicable state retirement system, but may request the employee to submit
			 to a medical or psychological examination, conducted in accordance with rule
			 123:1-30-03 of the
			 Administrative Code, prior to such restoration.
(I) An employee refused reinstatement as
			 provided in paragraph (E) of this rule 
								will be
			 notified in writing of the refusal to reinstate and of the right to appeal in
			 writing to the personnel board of review within thirty days of receiving notice
			 of that refusal to reinstate.
(J)
			 An employee who fails to apply for reinstatement within two years from the date
			 that the employee was no longer in active work status due to the disabling
			 illness, injury, or condition 
								is deemed permanently separated from
			 service.
(K) 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.