reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-33 - Disability Leave › Section 123:1-33-17 - Occupational injury leave and salary continuation benefits

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 this rule:
(1) "Allowed physical condition" -
			 Means a physical condition diagnosed by an approved physician that arises from
			 an injury inflicted by a ward. It is also a physical condition resulting from
			 substantial aggravation of a pre-existing condition, if such aggravation arises
			 from an injury inflicted by a ward.
(2) "Approved physician" - Means a
			 psychologist, psychiatrist, or physician from the approved physician list. In
			 the event an injury requires emergency room treatment, the emergency room
			 physician will be considered an approved physician for purposes of the initial
			 diagnosis and evaluation of the allowed physical or psychological
			 condition.
(3) "Allowed
			 psychological condition" - Means a psychological condition, diagnosed by an
			 approved psychiatrist or psychologist from the approved physician list that
			 develops after, and is related to, the allowed physical condition.
(4) "Date of injury" - Means the date the
			 event triggering the claim occurred.
(5) "Disabled" - Means the employee is unable
			 to perform the essential functions of their job due to an injury while
			 on-duty.
(6) "Inflicted by a ward"
			 - Means injured by a ward of the state in one or more of the following ways:
(a) an attempt to subdue, control or restrain
			 a ward's inappropriate behavior;
(b) as the result of being physically harmed
			 in the course of the employee's duty, as long as the injury was not accidental
			 in nature or caused by the employee's own misconduct or negligence; or
(c) during the pursuit of a ward in
			 such circumstances where a ward attempts to flee following in appropriate
			 behavior listed in this paragraph.
(7) "Ward" - Means an inmate, patient,
			 resident, client, youth or student.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-34 - Leave › Section 123:1-34-01 - Leave of absence without pay

Current through all regulations passed and filed through July 1, 2024
Nothing in this rule 
								will be construed as limiting, superseding, or
				requiring any leave granted under The Family and Medical Leave Act of 1993
				(FMLA). Given proper notice and under appropriate circumstances, a leave of
				absence without pay for a FMLA qualifying purpose
				may be credited against an employee's FMLA leave entitlement.
(A)
								
			 An 
								employee's request for a leave of absence without pay will
			 be in writing and will state the reasons
			 for taking the leave of absence without pay and
			 the 
								date(s) for which such leave is being requested.
(1)
									Classified
			 service. An appointing authority may grant a leave of absence without pay to an
			 employee in the classified service with the approval of the
			 director.
(2)
									Unclassified service. An appointing authority may grant
			 a leave of absence without pay to an employee in the unclassified service and
			 will report such leave to the director.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-34 - Leave › Section 123:1-34-03 - Civic duty leave

Current through all regulations passed and filed through July 1, 2024
(A) An appointing authority
			 
								will
			 grant civic duty leave with full pay to any employee in the service of the
			 state who:
(1) Is summoned for jury duty by a
			 court of competent jurisdiction, or
(2) Is subpoenaed to appear before any court,
			 commission, board or other legally constituted body authorized by law to compel
			 the attendance of witnesses. This paid leave is not available if the employee
			 is a party to the action or is summoned to testify as a result of secondary
			 employment outside the service of the state.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-34 - Leave › Section 123:1-34-04 - Military leave with pay

Current through all regulations passed and filed through July 1, 2024
(A) Permanent employees who are in the
			 service of the state who are members of the Ohio organized militia or members
			 of other reserve components of the armed forces of the United States, including
			 the Ohio national guard, are entitled to a military leave of absence from their
			 duties without loss of pay, for a limited amount of time while performing
			 service in the uniformed services, as set forth in section
			 5923.05 of the Revised
			 Code.
(B) Evidence of military
			 duty. Permanent employees who are in the service of the state
			 
								will submit to their appointing authority a written
			 order or written statement from the appropriate military commander as evidence
			 of performing service in the uniformed services before military leave with pay
			 will be granted.
(C)
								
								Paid military
			 leave can be used intermittently by permanent employees in the service of the
			 state.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-34 - Leave › Section 123:1-34-05 - Military leave without pay

Current through all regulations passed and filed through July 1, 2024
(A) A military leave without pay is an
			 approved leave of absence and 
								will be treated as such. An employee who has
			 exhausted their calendar year allowance of military leave with pay or who
			 chooses not to use available military leave with pay for an active duty call-up
			 is entitled to take military leave without pay. An employee
			 
								who has
			 accrued leave or compensatory time available at the time of an active duty
			 call-up may choose to use such accrued leave, compensatory time, or a
			 combination of both to cover the employee's active duty call-up in-lieu of
			 taking military leave without pay. An employee's use of accrued leave,
			 compensatory time, or a combination of both to cover an active duty call-up is
			 at the employee's sole discretion.
(B) Employees 
								who are exempt
			 from collective bargaining do not accrue any form of leave while on military
			 leave without pay. Employees 
								who are in a bargaining unit
			 
								will
			 accrue any form of leave in the same manner as any other bargaining unit
			 employee under the applicable collective bargaining agreement who is on an
			 approved leave of absence. Any such accrued leave to which a bargaining unit
			 employee is entitled to under this rule 
								will not be
			 credited to the employee until such time as the employee returns to
			 work.
(C) An employee on military
			 leave without pay has the right to be reinstated to the same or similar
			 position if the employee meets the following criteria:
(1) The employee has been honorably
			 discharged or has been released from active duty in an honorable status;
			 and
(2) The employee makes a timely
			 written request for reinstatement to the employee's appointing authority. The
			 time period for making the request is dependent on the length of time of the
			 employee's active duty call-up:
(a) If the
			 active duty call-up was thirty days or less, the request for reinstatement
			 
										will be
			 made immediately upon the employee's release from the active duty call-up, with
			 reinstatement taking place the first full regularly-scheduled work day
			 following the employee's release from active duty allowing time for travel home
			 plus eight hours for rest;
(b) If
			 the active duty call-up was thirty-one days to one hundred eighty days, the
			 request for reinstatement 
										will be made within fourteen days of the
			 employee's release from the active duty call-up; or
(c) If the active duty call-up was in excess
			 of one hundred eighty days, the request for reinstatement
			 
										will be
			 made within ninety days of the employee's release from the active duty
			 call-up.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-34 - Leave › Section 123:1-34-08 - Olympic competition leave

Current through all regulations passed and filed through July 1, 2024
Any employee in the service of the state
				
								will be
				granted olympic competition leave  without loss of pay to participate in olympic competition
				sanctioned by the United States olympic committee. Participation in olympic
				competition 
								includes duties as a coach, judge, official, or
				athlete.
(A) Length of leave. Olympic
			 competition leave 
								will not exceed the aggregate time
			 
								needed for reasonable precompetition training at the
			 competition site, actual participation in the competition, and reasonable
			 travel time to and from the competition site.
(B) Compensation. Pay for each week of
			 olympic competition leave 
								will not exceed the amount the employee would
			 receive for the employee's standard work week as defined in section
			 124.18 of the Revised Code. The
			 employee 
								will not be paid for any day spent in olympic
			 competition for which the employee would not ordinarily receive pay as part of
			 the employee's regular employment.
(C) Additional leave. An employee
								who
			 receives olympic competition leave
								upon request will be granted
			 
								vacation leave or a
			 leave of absence without pay 
								to
			 remain at the competition site until the close of the competition.
(D) Written request.
			 
								Requests
			 for olympic competition leave
								will be in writing
			 to the appointing authority
								at least thirty calendar days
			 prior to the effective date of the leave being requested. If the employee is
			 selected less than thirty calendar days prior to the effective date of the
			 requested leave, the employee 
								will make the request for olympic competition
			 leave within one week of such selection. The request will include:
(1) Proof of selection signed by an official
			 of the United States olympic committee.
(2) Dates of official precompetition training
			 at the competition site.
(3) A list
			 of the employee's competition events together with dates of actual competition.
			 If the event is one in which contestants compete until eliminated, making it
			 impossible to precisely indicate all days of actual competition prior to taking
			 the leave, the employee 
									will submit a list of the days on which
			 
									the
			 employee actually competed upon return from the competition.
(4) Dates of travel time to and from the
			 competition.
(5) If entitled to
			 vacation leave, a statement that such leave is to be used as indicated in
			 paragraph (C) of this rule.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-34 - Leave › Section 123:1-34-09 - Bereavement leave

Current through all regulations passed and filed through July 1, 2024
(A)
								Each
			 full-time permanent and part-time permanent employee whose salary or wage is
			 paid directly by warrant of the director of budget and management
			 will be
			 granted three consecutive working days of bereavement leave with pay
			 
								due to
			 the death of a member of the employee's immediate family. Bereavement leave
			 will not
			 exceed twenty-four scheduled work hours. Compensation for bereavement leave
			 will be
			 equal to the employee's base rate of pay. Part-time permanent employees
			 will be
			 granted bereavement leave based on the number of hours they would have normally
			 been scheduled to work.
(B)
								Except as provided in paragraph (B)(2) of this rule, an
			 employee described in paragraph (A) of this rule may use bereavement leave
			 under this section when the employee is the parent of a miscarried or stillborn
			 child. As used in this rule, "stillborn" has the same meaning as in section
			 124.136 of the Revised
			 Code.
(1)
									An
			 employee using bereavement leave based on a miscarriage will provide
			 appropriate medical documentation of the miscarriage.
(2)
									An employee using
			 bereavement leave based on a stillbirth will provide a copy of the fetal death
			 certificate. An employee who takes bereavement leave granted under this rule on
			 the basis of stillbirth is ineligible to use parental leave or benefits under
			 section 124.136 of the Revised Code
			 based on the same stillbirth.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-34 - Leave › Section 123:1-34-10 - Voluntary cost saving program

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to
			 division (B) of section
			 124.392 of the Revised Code, the
			 voluntary cost savings (VCS) program was created as a tool for an appointing
			 authority to reduce costs. A VCS program provides eligible employees with the
			 opportunity to reduce their schedule or be in a no pay status for a period of
			 time without reducing certain benefits or requiring them to exhaust paid
			 leave.
(B)
								Approval. An appointing authority will notify the
			 director of administrative services of its intent to establish and implement a
			 VCS program and receive the director's approval before the program can become
			 effective. The notice is to include:
(1)
									A description of the proposed VCS program indicating
			 which of the options outlined in paragraph (D) of this rule the appointing
			 authority will offer;
(2)
									A description of the proposed VCS program's compliance
			 with paragraphs (C) to (L) of this rule;
(3)
									The approximate
			 number of employees eligible to participate in the proposed VCS
			 program;
(4)
									A copy of the proposed VCS program agreement to be used
			 by the appointing authority in compliance with paragraph (M) of this rule;
			 and
(5)
									The anticipated duration and availability of the
			 proposed VCS program.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-35 - Payroll › Section 123:1-35-01 - Mandatory direct deposit of compensation for certain employees

Current through all regulations passed and filed through July 1, 2024
Any employee paid by warrant of the
				director of budget and management who fails to provide written authorization
				for payment of compensation by direct deposit within two weeks of appointment
				or hire, or fails to update such written authorization within two weeks of the
				prior authorization no longer being valid for any reason, will be subject to
				progressive discipline for cause, up to and including removal. Such
				disciplinary action will be done in accordance with section
				124.34 of the Revised Code or a
				collective bargaining agreement, if applicable.
Replaces: 123:1-35-05
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-37 - Pay Supplements › Section 123:1-37-01 - Employees eligible for pay supplements

Current through all regulations passed and filed through July 1, 2024
(A) Each state employee paid under salary
			 Schedule E-1 of section
			 124.152 of the Revised Code is
			 eligible for pay supplements as provided for in section
			 124.181 of the Revised
			 Code.
(B) Each request for
			 additional pay supplements will
								 be submitted to the director by the
			 appointing authority or the employee on the prescribed form. The effective date
			 for such supplements will
								 be set by the director, upon adequate
			 proof of eligibility.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-37 - Pay Supplements › Section 123:1-37-02 - Computation of pay supplements

Current through all regulations passed and filed through July 1, 2024
Additional pay supplements, unless otherwise specifically
				provided for in this chapter or division (D) of
				section
								124.15
								 of the Revised Code
				will
								 be
				computed for all eligible employees by using the minimum hourly rate of the pay
				range for the classification to which the employee is assigned. This rate
				will
								 be
				known as the classification salary base. The amount of each supplement
				will
								 be
				computed independently for each pay period, and will
								 be
				computed to the nearest whole cent.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-37 - Pay Supplements › Section 123:1-37-04 - Hazard pay

Current through all regulations passed and filed through July 1, 2024
(A) The granting of hazard pay is subject to
			 the approval of the director, and justification will
								 be
			 submitted prior to the payment of this supplement as prescribed by the
			 director.
(B) A hazardous condition
			 may be of a permanent or temporary nature, and the duties performed under
			 hazardous conditions rather than the classification itself determines the
			 hazard supplement. A hazardous condition which exists for all positions in a
			 classification is compensated for in the pay range level assigned to that
			 classification. Such normal hazards as are inherent in the classification
			 will
								
			 not be compensated further by this supplement.
(C) A permanent hazard is a condition which
			 exists when an employee is performing duties which either by nature or location
			 place the employee in a situation for which the probability of an incident
			 involving personal injury is continuous, and is not common to the duties of
			 that classification.
(D) A
			 temporary hazard is a condition which exists on an infrequent basis when an
			 employee is performing duties which either by their nature or location place
			 the employee in a situation for which there is a probability of an incident
			 involving personal injury, and is not common to the duties of that
			 classification.
(E) The hazard pay
			 supplement will
								 vary in proportion to accident severity as
			 follows:
HAZARD LEVEL
PAY SUPPLEMENT
(1)
Unusual hazard condition
5%
(2)
Considerable hazard condition
7 1/2%
(3)
Exceptional hazard condition
10%
(F) The
			 director will
								 categorize hazardous conditions for each
			 classification from information received into the above-mentioned hazard
			 levels. Hazard severity will be established through OSHA and bureau of
			 workers' compensation statistics.
(G) All instances of hazard pay supplement
			 inclusive in payroll are subject to audit by the director, and the
			 authorization for the hazard pay supplement may be withdrawn at any time by the
			 director if the hazardous conditions which existed for the job at the time of
			 original hazard pay authorization have substantially changed.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-37 - Pay Supplements › Section 123:1-37-06 - Bilingual pay supplement

Current through all regulations passed and filed through July 1, 2024
Positions eligible for the bilingual pay
				supplement will include as essential to the fulfillment of
				the duties, the ability to speak and/or write a language in addition to
				English, and this will
								 be reflected on the position description
				approved by the department of administrative services. The bilingual pay
				supplement will
								 equal five percent for each foreign language
				required for the position and/or alternative language
				such as the ability to read/write in braille or communicate in sign
				language.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-37 - Pay Supplements › Section 123:1-37-07 - Temporary working level pay adjustment

Current through all regulations passed and filed through July 1, 2024
(A) Each employee that is temporarily
			 assigned to duties of a position with a higher pay range than is the employee's
			 own is
								 eligible for a working level pay adjustment. This pay adjustment
			 increases the employee's base rate of compensation to
			 a rate of pay approximately four 
								per centabove the employee's current base rate of
			 compensation. This pay adjustment is calculated using
			 the employee's normal classification salary base and is
								 in no wayaffected by any other pay supplement.
(B) This working level adjustment
			 
								is
			 for a continuous period of more than two weeks, up
			 to
								 two
			 years.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-37 - Pay Supplements › Section 123:1-37-08 - Professional achievement pay supplement

Current through all regulations passed and filed through July 1, 2024
(A) Professional achievement is either
			 special technical certification granted by a recognized, accredited
			 institution, or registration, or licensure granted by a recognized, duly
			 authorized board or commission. Professional achievement excludes proficiencies
			 gained through in-service training courses; certification, registrations, and
			 licensures in areas not requiring special or extensive or substantive training;
			 and any other conditions prescribed by the director.
(B) The particular type of professional
			 achievement will
								 be mandated for the position by federal or
			 state law or regulation. A similar mandate by an appointing authority is
			 precluded from eligibility for the professional achievement pay supplement. The
			 professional achievement pay supplement will
								 not be granted to those employees
			 assigned to classifications which include a requirement and compensation for
			 such special certification, registration, or licensure.
(C) The professional achievement pay
			 supplement will
								 equal five per cent of
			 the employee's classification salary base.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-37 - Pay Supplements › Section 123:1-37-09 - Teacher's educational attainment supplement

Current through all regulations passed and filed through July 1, 2024
(A) Each employee assigned to
			  an educational position as listed in
			 division (L) of section
								124.181
								 of the Revised Code, whose principal
			 job duty is teaching, as determined by the director, may receive an educational
			 pay supplement for job related education above the bachelor's degree level at
			 an accredited academic institution. This pay supplement varies
								
			 with the educational level as follows:
EDUCATIONAL LEVEL
						  ATTAINED
SUPPLEMENTAL PACKAGE
(1) Bachelor's degree plus 20 quarter hours or the
						  equivalent of post-baccalaureate study
+ 2 1/2%
(2) Master's degree
+ 7 1/2% (2 1/2% + 5%)
(3) Master's degree plus 30 quarter hours or the
						  equivalent of post-master's study
+ 10% (7 1/2% + 2 1/2%)
(B)
			 This pay supplement, once granted to the employee, 
								remains in
			 effect only so long as the employee's regular job assignment and classification
			 remains unchanged.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-37 - Pay Supplements › Section 123:1-37-10 - Master teacher pay supplement

Current through all regulations passed and filed through July 1, 2024
A pay supplement of five
								per cent may
				be granted to an employee assigned to an
				educational position, as listed in division (L) of
				section
								124.181
								 of the Revised Code, who is performing
				as a master teacher. Such performance is to be determined by the director as
				evidenced by the employee's official position description, the employee's
				appointing authority, and a formal consensus among the teacher's working
				associates and supervisor(s). A master teacher is that exceptional teacher in
				the school who, because of extended experience or a unique post-graduate
				education, or both, acts as the non-supervisory lead teacher in the school. The
				master teacher may advise supervisors, counsel associates, or provide informal
				direction to an educational program.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-37 - Pay Supplements › Section 123:1-37-11 - Special education teacher pay supplement

Current through all regulations passed and filed through July 1, 2024
A pay supplement of five
								per cent may
				be granted to an employee assigned to an
				educational position, as listed in division (L) of
				section
								124.181
								 of the Revised Code, who is performing
				as a special education teacher. These teachers must be certified as special
				education teachers and  teaching
				exceptional students.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-37 - Pay Supplements › Section 123:1-37-12 - Teachers extra-curricular activities pay

Current through all regulations passed and filed through July 1, 2024
Each employee assigned to an educational position, as listed in
				division (L) of section
								124.181
								 of the Revised Code, who is also
				assigned by his or her responsible superior the responsibility for specific
				extra-curricular activity programs, will
								 receive his or her regular total rate
				of pay for those hours worked on such programs in excess of their normal work
				schedule, up to an annual maximum of five per centof
				their annual salary.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-39 - Educational Stipends and Tuition Reimbursement › Section 123:1-39-01 - Professional development fund

Current through all regulations passed and filed through July 1, 2024
(A) All full-time permanent and part-time
			 permanent employees of a participating agency, who are paid directly by warrant
			 of the director of budget and management and are exempt from collective
			 bargaining coverage, are eligible to participate in programs funded by the
			 professional development fund.
(B)
			 Payments from the fund shall be used for educational assistance programs
			 including, but not limited to, tuition reimbursement for courses taken
			 and satisfactorily completed at approved colleges
			 and universities. Satisfactory completion will be
			 determined based upon the criteria established by the approved college or
			 university in question for completion of the course.
R.C. 119.032 review dates:
				09/15/2014 and
				09/15/2019
Promulgated
				Under: 119.03
Statutory Authority: 124.09
Rule Amplifies:
				124.182
Prior Effective Dates: 1/18/01, 12/1/06, 2/17/10,
				4/7/13
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-39 - Educational Stipends and Tuition Reimbursement › Section 123:1-39-06 - Educational stipends

Current through all regulations passed and filed through July 1, 2024
Full-time stipendiary arrangements, when an agency has funds
				available for this purpose, may be made for employees paid by warrant of the
				director of budget and management, at an approved educational institution. Such
				arrangements shall normally be made for periods of at least one academic term
				or quarter but not more than two academic years. The stipend shall not exceed
				regular salary plus tuition, books, and related school expenses. Under a
				stipendiary program, the employee shall sign an agreement to work for the
				employing state agency for a period of time at least equal to the length of the
				stipend program. If the employee fails to perform this service, the amount of
				the stipend payment shall be repaid. Repayment may be waived by the appointing
				authority when warranted by exceptional circumstances. Use of this program
				shall be limited to fields of study in which the employee is working. Each
				appointing authority shall 
								maintain regular reports,
				and make them available to the director upon
				request, showing the number of employees receiving training under this
				provision and the type, cost, and amount of
				training received.
R.C. 119.032 review dates:
				09/15/2014 and
				09/15/2019
Promulgated
				Under: 119.03
Statutory Authority: 124.09
Rule Amplifies:
				124.04
Prior Effective Dates: 7/17/72, 1/9/76, 3/1/02, 12/1/06,
				4/7/13
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-39 - Educational Stipends and Tuition Reimbursement › Section 123:1-39-07 - Tuition reimbursement

Current through all regulations passed and filed through July 1, 2024
An employee paid by warrant of the director of budget and
				management who takes a course at an approved educational institution may be
				reimbursed from agency funds for tuition expenses
				upon satisfactory completion of the course.
				Satisfactory completion will be determined based upon the criteria established
				by the approved college or university in question for completion of the
				course. Approval for each such course must be obtained by the employee
				from the appointing authority before the beginning of the course. Payment shall
				be by reimbursement of tuition expenses after satisfactory completion of the
				course.
R.C. 119.032 review dates:
				09/15/2014 and
				09/15/2019
Promulgated
				Under: 119.03
Statutory Authority: 124.09
Rule Amplifies:
				124.04
Prior Effective Dates: 7/17/72, 1/9/76, 11/10/96, 3/1/02,
				12/1/06, 4/7/13
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-41 - Layoffs › Section 123:1-41-01 - Layoffs

Current through all regulations passed and filed through July 1, 2024
(A) Employees in
			 the classified civil service of the state and state-supported colleges and
			 universities may be laid off whenever a reduction in force is necessary due to
			 a lack of funds, lack of work, or the abolishment of positions.
(B) If it becomes necessary for an appointing
			 authority to reduce its work force, the appointing authority
			 
								will
			 lay off employees in accordance with sections
			 124.321 to
			 124.327 of the Revised Code and
			 the rules of this chapter of the Administrative Code.
(C) If an appointing authority abolishes
			 positions in the civil service, the abolishment of positions and any resulting
			 displacement of employees 
								will be made in accordance with sections
			 124.321 to
			 124.327 of the Revised Code and
			 the rules of this chapter of the Administrative Code.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-41 - Layoffs › Section 123:1-41-02 - Determination of lack of funds and lack of work for agencies whose employees are paid by warrant of the director of budget and management

Current through all regulations passed and filed through July 1, 2024
(A) Determination
			 of lack of funds. The director of the office of budget and management
			 
								will be
			 responsible for determining whether a lack of funds exists for appointing
			 authorities whose employees are paid by warrant of the director of budget and
			 management. The determination of lack of funds 
								will be made in
			 accordance with the rules promulgated by the director of budget and
			 management.
(B) Determination of
			 lack of work. The director of administrative services
			  determines whether a lack of work exists for appointing
			 authorities whose employees are paid by warrant of the director of budget and
			 management. The appointing authority 
			 files along with a request for determination of
			 lack of work, adequate information to establish that a lack of work exists.
			 Such information may consist of a comparison between current or projected work
			 levels and work levels when a lack of work did not exist, which may include
			 statistical data and additional supporting materials.
(C) Verification of retention points.
			 Verification of retention points 
								will not be completed prior to a determination
			 that a lack of work or lack of funds exists.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-41 - Layoffs › Section 123:1-41-04 - Abolishment of positions in the classified service

Current through all regulations passed and filed through July 1, 2024
(A) Reasons for abolishment. An appointing
			 authority may abolish positions in the classified civil service for any of the
			 following reasons: as a result of a reorganization for the efficient operation
			 of the appointing authority; for reasons of economy; or for lack of
			 work.
(B) Determination and filing
			 a statement of rationale and supporting information. The determination to
			 abolish positions 
								will be made by the appointing authority. The
			 appointing authorities of state agencies whose employees are paid by warrant of
			 the director of budget and management 
								will file with the director of administrative
			 services a statement of rationale and supporting information for the
			 determination to abolish positions. The statement of rationale and supporting
			 information 
								will contain information as is available prior to the
			 time the layoff notices are mailed or delivered to the employees to be laid off
			 as a result of the abolishments.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-41 - Layoffs › Section 123:1-41-06 - Determination by appointing authority of classifications for layoff

Current through all regulations passed and filed through July 1, 2024
Whenever a reduction in the work force is necessary, the
				appointing authority  determines the classification or classifications in which the
				layoff or layoffs will occur and the number of employees to be laid off within
				each classification.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-41 - Layoffs › Section 123:1-41-07 - Order of layoff of employees

Current through all regulations passed and filed through July 1, 2024
(A) Appointment categories established. For
			 purposes of this chapter the appointment categories and order of layoff of
			 employees are as follows: part-time probationary, part-time permanent,
			 full-time probationary, and full-time permanent.
(B) Progression of layoff. Layoffs
			 
								will be
			 based upon retention point order beginning with the employee having the fewest
			 retention points and continuing to the employee with the most retention points.
			 Retention point lists 
								will be compiled in descending retention point
			 order. In cases where two or more employees have identical retention points the
			 tie 
								will be broken in accordance with rule
			 123:1-41-09 of the
			 Administrative Code.
(C) Order of
			 layoff. In the classification(s) selected for layoff the appointing authority
			 
								will
			 layoff employees and employees 
								will displace employees using the following
			 "order of layoff":
(1) Part-time probationary
			 employees in the same classification who have not completed their probationary
			 period or six months of continuous service in the position, whichever is
			 longer.
(2) Part-time permanent
			 employees in the same classification who have completed their probationary
			 period or six months of continuous service in the position, whichever is
			 longer.
(3) Full-time probationary
			 employees in the same classification who have not completed their probationary
			 period or six months of continuous service in the position, whichever is
			 longer.
(4) Full-time permanent
			 employees in the same classification who have completed their probationary
			 period or six months of continuous service in the position, whichever is
			 longer.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-41 - Layoffs › Section 123:1-41-09 - Computation of retention points

Current through all regulations passed and filed through July 1, 2024
(A) Assignment of retention points for
			 continuous service. Employees 
								will be assigned a base of one hundred retention
			 points. Computation of retention points for continuous full-time service
			 
								will be
			 made by crediting each employee with one retention point for each bi-weekly pay
			 period of continuous service. For the purposes of calculating retention points,
			 full-time service  includes service as a full-time permanent, full-time
			 seasonal, full-time interim, or full-time temporary employee, for full-time
			 seasonal, full-time interim, or full-time temporary service, credit will be
			 given only for those pay periods in which the employee was scheduled to work.
			 If an employee is in a full-time position at any time during a pay period, they
			 are considered full-time for the entire pay period.
Retention points for continuous service for other than
				full-time service 
									will be calculated on the basis of one-half
				(0.50) point for each bi-weekly
				pay period of continuous service.
Retention points computed for full-time continuous service and
				other than full-time continuous service, whenever applicable,
				
									will be
				combined to determine an employee's total retention points. Overtime
				
									will
				not be considered for purposes of computation of retention points for
				continuous service.
(B) Tie
			 breaker. In the event two or more employees have identical retention points as
			 calculated by this rule, the tie 
								will be broken by utilizing the following
			 methods, in the following order:
(1) First,
			 employees having most recent date of continuous service from which no break in
			 service has occurred 
									will be laid off or displaced first;
			 and
(2) Second, the appointing
			 authority  determines the employee to be laid off or displaced
			 first.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-41 - Layoffs › Section 123:1-41-10 - Notification of layoff or displacement

Current through all regulations passed and filed through July 1, 2024
(A) Notification of layoff or displacement.
			 Each employee to be laid off 
								will be given advance written notice by the
			 appointing authority after the employee's retention points have been verified
			 by the director. Such written notice 
								will be hand-delivered to the employee
			 at least fourteen calendar days before the effective
			 date of layoff or displacement and the day of the hand-delivery will be the
			 first day of the fourteen day period.
								
								Such written notice may instead be
			 mailed by certifed mail to the employee's last know address on file with the
			 appointing authority. If mailed, such notice 
								will be mailed
			 at least seventeen calendar days before the effective date of the layoff or
			 displacement. The day the letter is mailed 
								will be the
			 first day of the seventeen-day period.
(B) Content of layoff or displacement notice.
			 Each notice of layoff or displacement will contain the following information:
(1) The reason for layoff or
			 displacement;
(2) The effective
			 date of the layoff or displacement;
(3) The employee's accumulated retention
			 points;
(4) The right of the
			 employee to appeal a layoff or displacement to the state personnel board of
			 review and that the appeal  be filed or
			 postmarked within ten calendar days after the employee is notified that he or
			 she is to be laid off or displaced;
(5) A statement advising the employee of the
			 right to displace another employee and that the employee
			 
									will
			 exercise displacement rights within five calendar days of the date the employee
			 is notified of the displacement or layoff;
(6) A statement advising the employee of the
			 right to reinstatement or reemployment;
(7) A statement that, upon request by the
			 employee, the appointing authority will make available a copy of Chapter
			 123:1-41 of the Administrative Code;
(8) A statement that the employee is
			 responsible for maintaining a current address with his or her appointing
			 authority;
(9) A statement that the
			 employee may have the option to convert accrued unused leave, if such
			 opportunity to convert leave exists; and
(10) For employees of state agencies, boards,
			 or commissions, a statement that the employee has the option to select the
			 counties within the layoff district that the employee desires to be on the
			 recall lists.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-41 - Layoffs › Section 123:1-41-12 - Order of displacement for employees in the service of the state

Current through all regulations passed and filed through July 1, 2024
Employees in the service of the state who are laid-off or
				displaced as a result of a layoff who have the right to displace shall exercise
				their displacement rights in the following order:
(A) Displacement within the classification.
			 An employee who is to be laid off or displaced may fill an available vacancy,
			 or if no vacancy exists, displace within his or her classification. If the
			 employee exercises the right to displace within his or her classification, he
			 or she  displaces the employee with the fewest retention points in
			 that classification.
(B)
			 Displacement within the classification series. An employee who is to be laid
			 off or displaced may fill an available vacancy, or if no vacancy exists,
			 displace the employee with the fewest retention points in the next lower and
			 then successively lower classifications in the classification series. This
			 process  continues, if necessary, until the employee with the fewest
			 retention points in the lowest classification of the classification series has
			 been reached and, if necessary, laid off.
(C) Displacement to a classification
			 previously held. An employee who is to be laid-off or who is displaced may fill
			 an available vacancy, or if no vacancy exists, displace the employee with the
			 fewest retention points in the classification the laid-off or displaced
			 employee held immediately prior to his or her current classification, provided
			 the classification is lower or equivalent classification to the employee's
			 current classification.
A laid-off or displaced employee may displace into a
				classification previously held if:
(1)
			 The laid-off or displaced employee held a position in the previous
			 classification within the three years preceding the date an employee was laid
			 off or displaced; and
(2) The
			 laid-off or displaced employee still meets the minimum qualifications of the
			 previous classification; and
(3)
			 The laid-off or displaced employee 
									has successfully completed his or
			 her original probationary period.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-41 - Layoffs › Section 123:1-41-13 - Layoff jurisdiction districts for state agencies, boards, commissions and independent institutions with employees in the service of the state

Current through all regulations passed and filed through July 1, 2024
(A) General. Each
			 layoff jurisdiction is autonomous and layoff, displacement, reinstatement, and
			 reemployment rights and procedures 
			 apply only within the jurisdiction affected by the layoff. The order of layoff
			 as provided in rule
			 123:1-41-07 of the
			 Administrative Code applies within each of the layoff jurisdictions.
For purposes of this chapter, an "independent institution"
				means an institution under the control of a managing officer or board of
				trustees with the power to appoint or remove employees as provided by statute
				whose employees are in the service of the state.
(B) District layoff jurisdiction. The order
			 of layoff will be followed on a district-wide basis within each state agency,
			 board, commission, and independent institution for the following districts:
(1) District 1 - Defiance, Fulton, Henry,
			 Paulding, Williams.
(2) District 2
			 - Erie, Lucas, Ottawa, Sandusky, Wood.
(3) District 3 - Crawford, Huron, Marion,
			 Seneca, Wyandot.
(4) District 4 -
			 Allen, Auglaize, Hancock, Hardin, Mercer, Putnam, Van Wert.
(5) District 5 - Champaign, Clark, Logan,
			 Shelby.
(6) District 6 - Darke,
			 Greene, Miami, Montgomery, Preble.
(7) District 7 - Delaware, Fairfield,
			 Fayette, Franklin, Licking, Madison, Pickaway, Union.
(8) District 8 - Butler, Clermont, Clinton,
			 Hamilton, Warren.
(9) District 9 -
			 Adams, Brown, Gallia, Highland, Jackson, Lawrence, Pike, Ross, Scioto,
			 Vinton.
(10) District 10 - Athens,
			 Hocking, Meigs, Monroe, Morgan, Noble, Perry, Washington.
(11) District 11 - Belmont, Carroll,
			 Coshocton, Guernsey, Harrison, Holmes, Jefferson, Muskingum,
			 Tuscarawas.
(12) District 12 -
			 Ashland, Knox, Morrow, Richland.
(13) District 13 - Medina, Portage, Stark,
			 Summit, Wayne.
(14) District 14 -
			 Ashtabula, Columbiana, Mahoning, Trumbull.
(15) District 15 - Cuyahoga, Geauga, Lake,
			 Lorain.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-41 - Layoffs › Section 123:1-41-18 - Notification of reinstatement or reemployment

Current through all regulations passed and filed through July 1, 2024
(A) Notification of recall. Each employee
			 recalled from layoff 
								will be notified of the offer of reinstatement or
			 reemployment by certified letter
								and in accordance with a format prescribed by the
			 director.
(1) The notice of reinstatement
			 
									will
			 contain a statement that refusal of reinstatement  results in
			 removal of such employee's name from the appointing authority's recall
			 list.
(2) The notice of
			 reemployment 
									will contain a statement that refusal of reemployment
			  results
			 in removal of such employee's name from the jurisdictional recall
			 list.
(3) For vacancies with
			 position-specific minimum qualifications, the notice of reinstatement or
			 reemployment 
									will contain a statement that positionspecific minimum
			 qualifications exist and a valid proficiency instrument will be administered to
			 determine that the person qualifies for the vacancy. The notice
			 
									will
			 also state that failure to meet the position-specific minimum qualifications
			 will result in disqualification for that vacancy, but his or her name will
			 remain on the recall lists.