Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-34 - Leave › Section 123:1-34-12 - Caregiver leave

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in
			 section 124.1312 of the Revised
			 Code:
(1) "Foster caregiver" means an
			 eligible employee holding a valid foster home certificate issued under section
			 5103.03 of the Revised Code, and
			 who is caring for a child in place of the child's parents.
(2)
									
			 "Kinship caregiver" means an eligible employee who is eighteen years of age or
			 older who has signed an attestation to one of the relationships listed below,
			 and is caring for a child in place of the child's parents;
(a) The following individuals related by
			 blood or adoption to the child:
(i)
			 Grandparents, including grandparents with the prefix "great," "great-great," or
			 "great-great-great";
(ii)
			 Siblings;
(iii) Aunts, uncles,
			 nephews, and nieces, including such relatives with the prefix "great,"
			 "great-great," "grand," or "great-grand";
(iv) First cousins and first cousins once
			 removed.
(b) Stepparents
			 and stepsiblings of the child;
(c)
			 Spouses and former spouses of individuals named in divisions (A)(2)(a) and
			 (A)(2)(b) of this rule;
(d) A legal
			 guardian of the child;
(e) A legal
			 custodian of the child;
(f) Any
			 nonrelative adult that has a familiar and long-standing relationship or bond
			 with the child or the family, which relationship or bond will ensure the
			 child's social ties.
(3)
			 "Eligible employee" means any permanent full-time or part-time employee paid in
			 accordance with section
			 124.152 of the Revised Code and
			 each employee listed in division (B)(2), (B)(3), or (B)(4) of section
			 124.14 or the Revised Code who
			 works thirty or more hours per week. In determining if a permanent part-time
			 employee works thirty or more hours per week, the average number of regular
			 hours worked, which includes all hours of holiday pay and other types of paid
			 leave, during the three-month period immediately preceding the day caregiver
			 leave begins are to be used to determine eligibility for leave under this rule.
			 If an employee has not worked for a three-month period, the number of hours for
			 which the employee has been scheduled per week during the employee's period of
			 employment are used to determine eligibility for leave under this
			 rule.
(4) "Placement" means:
(a) For a foster caregiver, the point in time
			 that the foster caregiver is authorized to provide care for a child by a public
			 children services agency as defined in section
			 5153.01 of the Revised Code or a
			 private child placing agency as defined in section
			 2151.011 of the Revised
			 Code,
(b) For a kinship caregiver,
			 the point in time that the child begins living in the kinship caregiver's home
			 for the purpose of the kinship caregiver providing care for a child in place of
			 the child's parents on a permanent or indefinite basis.
(5) "Child" means either of the following:
(a)
										Any person
			 under eighteen years of age; or
(b)
										Any person who has been adjudicated by a court of
			 competent jurisdiction as incapable of self-care due to a physical or mental
			 impairment, intellectual disability, or developmental
			 disability.
(6)
									"Incapable of self-care" has the same meaning as set
			 forth in 29 C.F.R.
			 825.102.