Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-47 - Definitions › Section 123:1-47-01 - Definition of terms

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of Chapters 123:1-1 to
			 123:1-47 of the Administrative Code:
(1)
			 "Abolishment" - means the permanent deletion or removal of an encumbered
			 position or positions from the organization or structure of an appointing
			 authority due to a lack of continued need for a position, as a result of a
			 reorganization for the efficient operation of the appointing authority, for
			 reasons of economy, or due to a lack of work.
(2) "Active pay status" - means conditions
			 under which an employee is eligible to receive pay, and includes, but is not
			 limited to, vacation leave, sick leave, bereavement leave, administrative
			 leave, compensatory time, holidays, and personal leave. For the purpose of
			 determining overtime or compensatory time for an employee who is eligible for
			 overtime compensation, active pay status does not include sick leave or leave
			 used in lieu of sick leave.
(3)
			 "Active work status" - means the conditions under which an employee is actually
			 in a work status and is eligible to receive pay but does not include vacation
			 pay, sick leave, bereavement leave, compensatory time, holidays, personal
			 leave, and disability leave.
(4)
			 "Adverse effect" -  for the purpose
			 of reclassification
									means:
(a)
										For an
			 employee, a reduction in pay or reduction in duties; and
(b)
										For an agency, an increase in an employee's
			 pay.
(5) "Agency"
			 - means any unit of government, including a board or commission, headed by an
			 officer or group having the power to appoint employees.
(6) "Allocation" - means the assigning of a
			 position or job to a classification within a classification plan.
(7) "Appointing authority" - means the
			 officer, commission, board, or body having the
			 power of appointment to, or removal from, positions in any office, department,
			 commission, board, or institution.
(8) "Assistant" - means an employee who aids
			 and assists an appointing authority in the discharge and performance of duties
			 
									that
			 are of a confidential and fiduciary character and 
									that involve
			 the responsibility of the principal, or an employee who holds a fiduciary or
			 administrative relationship to the agency.
(9) "Appointment categories" - means the
			 appointment designation of a position such as part-time temporary, full-time
			 temporary, intermittent, part-time seasonal, full-time seasonal, part-time
			 permanent, and full-time permanent.
(10) "Available vacancy" - means an existing
			 funded position, not currently filled by an incumbent
			 
									that
			 the appointing authority desires to fill. The existence of vacant positions on
			 an appointing authority's table of organization or roster of positions
			 
									will
			 not mean that a position is an available vacancy.
(11) "Base rate of compensation" - means the
			 pay range and step rate paid an employee.
(12) "Base rate of pay" - means
			 any
			 of the following:
(a)
										As used in schedule B or C of section
			 124.15 of the Revised Code or
			 schedule E-1 or E-2 of section
			 124.152 of the Revised
			 Code:
(i)
											The
			 rate of pay established under schedule B or C of section
			 124.15 of the Revised Code, or
			 the rate of pay established under schedule E-1 or E-2 of section
			 124.152 of the Revised
			 Code,
(ii)
											Plus, any supplement provided under section
			 124.181 of the Revised
			 Code,
(iii)
											Plus, any supplements enacted into law, and that are
			 added to schedule B or C of section
			 124.15 of the Revised Code, or
			 that are added to schedule E-1 or E-2 of section
			 124.152 of the Revised
			 Code.
(b)
										As used in rule
			 123:1-7-22 of the
			 Administrative Code, rule
			 123:1-33-05 of the
			 Administrative Code, rule
			 123:1-33-12 of the
			 Administrative Code, and rule
			 123:1-46-06 of the
			 Administrative Code:
(i)
											The rate of pay established under schedule B or C of
			 section 124.15 of the Revised Code, or
			 the rate of pay established under schedule E-1 or E-2 of section
			 124.152 of the Revised
			 Code,
(ii)
											Plus, the supplement provided under division (E) of
			 section 124.181,
(iii)
											Plus, any
			 supplements enacted into law, and that are added to schedule B or C of section
			 124.15 of the Revised Code, or
			 that are added to schedule E-1 or E-2 of section
			 124.152 of the Revised
			 Code.
(c)
										For those persons paid by warrant of the director of
			 budget and management, but not paid under schedule B or C of section
			 124.15 of the Revised Code or
			 schedule E-1 or E-2 of section
			 124.152 of the Revised Code, the
			 employee's actual rate of pay.
(13) "Break in service" - means an employee
			 has had a separation from service of thirty-one days or more. An authorized
			 leave of absence, granted pursuant to rule
			 123:1-34-01 of the
			 Administrative Code, or any separation from service 
									that carries
			 with it the right to reinstatement, or reemployment as a result of a layoff,
			 
									will
			 not constitute a break in service, provided the employee is reinstated or
			 reemployed within the allowable time. The time the employee was separated
			 
									will
			 not be counted towards the calculation of retention points for continuous
			 service.
(14) "Certification" -
			 means the process of providing to an appointing authority the names on an
			 eligible list, jurisdictional layoff list, or an agency layoff list.
(15) "Certification eligible list" - means a
			 list of individuals available for employment from an eligible list, a
			 jurisdictional layoff list, an agency layoff list.
(16) "Certified appointment" - means an
			 appointment from an eligible list.
(17) "Certified employee" - means a
			 classified employee who has been appointed to a position from a certification
			 eligible list or the operation of section
			 124.26,
			 124.27, or
			 124.271 of the Revised Code and
			 Chapter 123:1-10 of the Administrative Code.
(18) "Classification" - means a group of
			 positions sufficiently similar in respect to duties, responsibilities,
			 authority, and qualifications so that the same descriptive title may be used
			 for each, the same pay range assigned, and the same examinations
			 conducted.
(19) "Classification
			 change" - means a change in an employee's classification title which results in
			 a promotion, demotion, lateral move to a different classification with the same
			 pay range, or reassignment to another classification.
(20) "Classification plan" - means a system
			 of classifications which may include pay range assignment for each
			 classification.
(21)
			 "Classification salary base" - means the minimum hourly rate of the pay range
			 for the classification to which the employee is assigned.
(22) "Completed service" - means hours
			 actually worked, including overtime, and hours of sick leave, vacation leave,
			 compensatory time, or personal leave used, but does not include time on
			 disability separation, leave of absence without pay, the period an employee is
			 receiving disability leave benefits, or layoff. In the case of an employee who
			 works on a seasonal or academic year basis but is paid on an annual basis,
			 completed service 
									will not include the period of time during which
			 the employee is paid but is not working.
(23) "Continuous service" - means the
			 uninterrupted service of an employee with a state agency, a county office, or a
			 state-supported college or university where no break in service occurs. For
			 purposes of state paid life insurance, dental insurance, vision insurance, and
			 disability leave benefits, continuous service means the uninterrupted service
			 in which an employee is paid directly by warrant of the director of budget and
			 management where no break in service occurs.
(24) "County offices" - means those agencies,
			 boards, commissions, departments, and elected offices of the county
			 
									that
			 are appointing authorities and are subject to the provisions of Chapter 124. of
			 the Revised Code, and which includes, but is not limited to the following:
			 alcohol, drug addiction and mental health services board; auditor; child
			 support enforcement agency; children services board; clerk of courts;
			 commissioners; common pleas court; coroner; engineer; health department;
			 general health district; hospital; mental health board;
			  developmental
			 disabilities board; prosecutor; recorder; sheriff; treasurer; and veterans'
			 service commission.
(25) "Days" -
			 means calendar days unless specified otherwise.
(26) "Demotion" - means the movement of an
			 employee at the request of the appointing authority or the employee, from one
			 position to a vacant position 
									that is assigned to a different classification
			 and a lower pay range, or lower salary where pay ranges do not exist. For the
			 purposes of this definition, a lower pay range is determined by comparing the
			 step one rates of the relevant pay ranges.
(27) "Deputy" - means an employee authorized
			 by law to act generally for or in place of 
									the employee's principal and holding
			 a fiduciary relationship to such principal, or an employee holding a fiduciary
			 or administrative relationship to the agency.
(28) "Director" - means the director of
			 administrative services.
(29)
			 "Disability leave" - means the leave granted pursuant to section
			 124.385 of the Revised
			 Code.
(30) "Disability retirement"
			 - means a separation granted by a state retirement system retaining
			 reinstatement rights per appropriate section of the Revised Code.
(31) "Disability separation" - means a
			 voluntary or involuntary separation granted by the appointing authority, and the director for
			 employees in the service of the state, when an employee becomes unable to
			 perform the essential job duties of the employee's position.
(32) "Displacement" - means for purpose of
			 layoffs and job abolishments the process by which an employee with more
			 retention points exercises 
									the right to take the position of another
			 employee with fewer retention points pursuant to the provisions of Chapter
			 123:1-41 of the Administrative Code. Displacement occurs the date an employee
			 is notified that another employee has exercised 
									the right of displacement and
			 that the employee with fewer retention points is to be displaced.
(33) "Educational institution" - means an
			 institution that is approved by nationally recognized accrediting
			 agencies.
(34) "Eligible" - means
			 an applicant for appointment to a classification who has passed an examination,
			 met other requirements for the classification, and who is willing to accept
			 employment.
(35) "Eligible list" -
			 means a list of names and scores of individuals who have taken an examination
			 for a specific classification.
(36)
			 "Exempt appointment" - means an appointment to a position
			 
									that is
			 not subject to examination or civil service tenure. Such a position is included
			 in the classification plan unless specifically excluded.
(37) "Full-time employee" - means an employee
			 whose regular hours of duty total eighty hours in a pay period in a state
			 agency or any standard accepted as full time by the appointing
			 authority.
(38) "Headquarters
			 county" - means the county 
									that the appointing authority has determined and
			 indicated, on the position description for each position or by other
			 appropriate means, to be the headquarters county. The determination
			 
									will be
			 based on the status of the position as the primary location where the employee
			 assigned to the position receives direction, performs the substantial duties of
			 
									the
			 position, or where the employee's work flow is
			 centered.
(39) "Immediate family" -
			 means an employee's spouse or significant other ("significant other" as used in
			 this definition means one who stands in place of a spouse and who resides with
			 the employee), parents, children, grandparents, siblings, grandchildren,
			 brother- in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law,
			 father-in-law, step-parents, step-children, step-siblings, or a legal guardian
			 or other person who stands in the place of a parent (in loco
			 parentis).
(40) "Intermittent
			 appointment" - means an appointment where an employee
			 
									works less than one thousand hours per fiscal year, or
			 for the duration of a specific project or grant 
									that may exceed
			 one thousand hours in a fiscal year.
(41) "Inter-transfer" - means the act of
			 changing an employee  from one 
									agency to another 
									agency
			 with a different over-all appointing authority 
									that may be
			 accompanied by promotion, demotion, or lateral classification change.
(42) "Intra-transfer" - means the act of
			 changing an employee from one position to another within the same
			 
									agency or over-all appointing authority, requiring a
			 change in headquarters county 
									that may be accompanied by promotion, demotion,
			 or lateral classification change.
(43) "Laid-off employee" - means an employee
			 terminated by the appointing authority from a position as a result of the
			 application of the "order of layoff." "Laid-off employee" also means an
			 employee not working as a result of layoff or displacement.
(44) "Lack of funds" - means an appointing
			 authority has a current or projected deficiency of funding
			 
									needed to maintain current or sustain projected levels of staffing and
			 operation.
(45) "Lack of work" -
			 means an appointing authority has a current or projected decrease in workload
			 or work requirements 
									that will cause a reduction in
			 current or projected staffing levels in its organization or
			 structure.
(46) "Lateral
			 classification change" - means the movement of an employee, with the employee's
			 consent, from one classification to another classification that is assigned to
			 the same pay range or to a pay range in which the step one rate is the same as
			 the step one rate as the classification from which the employee
			 moves.
(47) "Leave of absence
			 without pay" - means temporary separation from active pay status, authorized by
			 the appointing authority, with an employee generally retaining status and
			 seniority rights.
(48) "Level" -
			 means the term used to designate the degree of relationship
			 
									that
			 one classification bears to other classifications in a series; e.g., a
			 first-level administrative professional (administrative professional 1) holds
			 the lowest rank in the administrative professional series.
(49) "New position" - means a budgeted
			 position established and properly allocated 
									that did not
			 previously exist and is not merely the expansion or change in a previously
			 existing position.
(50) "No-pay
			 status" - means the conditions under which an employee is ineligible to receive
			 pay, and includes, but is not limited to, leave without pay, the period an
			 employee is receiving disability leave benefits or workers' compensation
			 benefits, and the employee has been disability separated.
(51)
			 "Open-competitive examination" - means an examination open to anyone, whether
			 already employed in the state service or not, who meets qualifications
			 established for a given classification or position.
(52) "Parenthetical subtitle" - means a group
			 of positions logically falling within a general classification, but
			 
									distinguishable from other positions within that
			 classification by the performance of specific functions or duties requiring
			 specialized skill, knowledge, or
			 training.
(53) "Part-time employee"
			 - means an employee whose regular hours of duty are less than eighty hours in a
			 pay period in a state agency or less than any accepted full-time standard
			 accepted by the appointing authority.
(54) "Pay period" - means, for state
			 agencies, the fourteen-day period of time during which the payroll is
			 accumulated, as determined by the director.
(55) "Pay range" - means a division of a
			 salary schedule to which classifications of positions are assigned.
(56) "Permanent employee" - means any person
			 holding a position that 
									necessitates working a regular schedule of
			 twenty-six consecutive bi-weekly pay periods, or any other regular schedule of
			 comparable consecutive pay periods, which is not limited to a specific season
			 or duration. It does not include student help, intermittent, temporary,
			 seasonal, external interim, or individuals covered by personal service
			 contracts.
(57) "Personal leave" -
			 means the leave granted by the provisions of section
			 124.386 of the Revised
			 Code.
(58) "Position" - means the
			 group of job duties intended to be performed by an individual employee as
			 assigned by the appointing authority.
(59) "Position audit" - means the evaluation
			 of the current duties and responsibilities assigned to an encumbered position
			 to determine proper classification.
(60) "Position number" - means a unique
			 number assigned to each employment position within an agency by the appointing
			 authority used to identify each position.
(61) "Position number change" - means the
			 movement of an employee from one specific employment position to another within
			 the same agency. A position number change may be accompanied by a promotion,
			 demotion, lateral class change, or intra-transfer.
(62) "Pregnancy-related condition" - means
			 pregnancy, childbirth, or related medical conditions.
(63) "Probationary period" - means either the
			 period of time at the beginning of an original appointment or the period of
			 time immediately following a promotion, which constitutes a trial or testing
			 period for the employee, during which the employee may be terminated.
(64) "Probationary removal" - means the
			 termination of an employee's employment for unsatisfactory performance during
			 the employee's initial probationary period.
(65) "Promotion" - means the movement of an
			 employee from one position to a vacant position 
									that is
			 assigned to a different classification and a higher pay range, or higher salary
			 where pay ranges do not exist. For the purposes of this definition, a higher
			 pay range is determined by comparing the step one rates of the relevant pay
			 ranges.
(66) "Promotional
			 examination" - means an examination open only to persons already employed in
			 state service, in specified classifications and meeting specific
			 qualifications, given for the purpose of determining eligibility for promotion
			 to a higher class.
(67)
			 "Reassignment" - means the act of changing the classification assigned to an
			 employee. This may be the result of change in or addition of classifications to
			 the classification plan, or by action of the department of administrative
			 services, in assigning a different classification title as a result of a
			 position audit or classification change.
(68) "Reclassification" - means the act of
			 changing the classification of an existing position. The employee, if left in
			 the position, 
									will be reassigned to the new
			 classification.
(69) "Reduction" -
			 means a change of the classification held by an employee to one having a lower
			 base pay range, a change to lower step within a salary range, or any decrease
			 in compensation for an employee. For purposes of layoff, a "reduced employee"
			 is one serving in a classification lower than the one from which the employee
			 was laid off or displaced.
(70)
			 "Reemployment" - means, for purposes of layoff, an appointment to a new
			 appointing authority from a jurisdictional layoff list with retention of
			 seniority, status, step indicator, and time toward step advancement.
(71) "Reinstatement" - means the act of
			 returning a person to the same appointing authority within the allowable time,
			 following a period of separation or a leave of absence, retaining seniority and
			 status. For purposes of layoff, "reinstatement" means the act of selecting from
			 the appointing authority's layoff list individuals to return to active service
			 with the same appointing authority in the same classification series of
			 layoff.
(72) "Removal" - means the
			 termination of an employee's employment by the appointing authority.
(73) "Resignation" - means a voluntary
			 separation from state service by the employee.
(74) "Retirement" - means a separation from
			 state service in which the employee receives retirement benefits from a state
			 retirement system.
(75) "Seasonal
			 appointment" - means an appointment where an employee works a certain regular
			 season or period of each year performing some work or activity limited to that
			 season or period of the year.
(76)
			 "Specification" - means a general description of a job classification
			 specifying or giving examples of the kinds of tasks expected to be performed by
			 employees holding positions allocated to that classification, which may include
			 classification title and number, a statement of job function, a grouping of
			 task statements by job duties (ranked by importance), approximate percentages
			 of total job time to be spent performing each duty, and
			 may include worker characteristics or behaviors 
									needed for
			 successful completion of all tasks within each duty, and minimum qualifications
			 for competition for employment in the classification.
(77) "Status" - means a type of appointment,
			 such as probationary, certified, permanent, temporary, or
			 unclassified.
(78) "Suspension" -
			 means a disciplinary action resulting in temporary deprivation of employment
			 without pay as a punitive or disciplinary measure.
(79) "Table of organization" - means a
			 listing, arranged by structural or functional units, of the number and
			 classification of positions in a department or other agency.
(80) "Temporary appointment" - means an
			 appointment for a limited period of time, fixed by the appointing authority and
			 approved by the director for a period not to exceed one hundred twenty days,
			 except as allowed in section
			 124.30 of the Revised
			 Code.
(81) "Total rate of pay" -
			 means the base rate of compensation plus all pay supplements.
(82) "Unclassified service" - means all
			 offices and positions 
									that are exempt from all examinations and which
			 provide no tenure under the law . Appointment to a position in the unclassified service
			 may be made at the discretion of the appointing authority and the incumbent may
			 be removed, suspended, or reduced from the
			 position at the pleasure of the appointing authority.
(83) "Working suspension" - means a
			 disciplinary action in which an employee 
									reports to work and
			 
									receives compensation, but such period
			 
									will be
			 recorded as a suspension.