Current through all regulations passed and filed through September 16, 2024
An employee whose salary or wage is paid by warrant of the
director of budget and management shall be entitled, upon separation for any
reason, to a cash conversion benefit for unused sick leave and personal leave
credit pursuant to the provisions of this rule and sections
124.384 and
124.386 of the Revised Code. For
purposes of this rule the term "separation" shall mean any voluntary or
involuntary termination from service, including, resignation, disability
separation, retirement, removal from service, and layoff from service, but does
not include death of an employee.
(A)
Conversion to cash benefit of accumulated sick leave credit for an employee
whose salary or wage is paid by warrant of the director of budget and
management.
(1) General. An employee who has
accumulated sick leave under the provisions of section
124.382 of the Revised Code
shall be entitled to a cash benefit conversion of the accumulated unused sick
leave balance upon separation of service. Such conversion must occur within
three years from the employee's date of separation from service.
(2) Eligibility. In order to be eligible for
the accumulated sick leave cash conversion benefit authorized by this rule an
employee must have at least one year of state service prior to
separation.
(3) Determination of
amount of sick leave to be converted. An employee about to separate or who has
separated from state service shall designate in writing the percentage or
portion of his or her sick leave balance to be converted to cash. The portion
of the accumulated sick leave credit not converted to cash at separation may be
converted within three years from the employee's date of separation pursuant to
this rule or restored to the employee's sick leave credit upon the employee's
reinstatement or reemployment to state service pursuant to rule
123:1-32-10 of the
Administrative Code. If an employee fails to designate the portion or
percentage of the accumulated sick leave to be converted to the cash benefit,
the entire amount of sick leave credit accumulation shall be converted to cash
benefit.
(4) Payment. Payment for
that percentage or portion of sick leave an employee desires to convert to a
cash benefit shall be made at the employee's base rate of pay at the time of
separation at the rate of one hour of pay for every two hours of accumulated
balances. Payment for unused sick leave for an employee who retires from a
state retirement system shall be at the rate of fifty-five per cent of the
employee's base rate of pay at the time of the effective date of the employee's
retirement. Payment for an employee serving in a temporary work level or an
interim appointment shall be based on the base rate of pay of the employee's
normal classification.
(5) A
separated employee may convert all or a portion of any remaining sick leave
balance one time during each twelve-month period subsequent to the employee's
date of separation. A separated employee who does not convert sick leave to
cash within three years from the date of separation is no longer eligible to
convert such leave to cash. If a separated employee
returns to service in a position that is not eligible to accrue leave, this
provision applies to the employee's original date of separation and the
employee is still eligible to convert any remaining sick leave balance pursuant
to this rule. Any remaining sick leave balances may be restored to the
employee's sick leave credit upon reinstatement or reemployment to state
service pursuant to rule
123:1-32-10 of the
Administrative Code.
(B)
Conversion to cash benefit of accumulated personal leave credit.
(1) An employee whose salary or wage is paid
by warrant of the director of budget
and management who has accumulated personal leave credit under the provisions
of section 124.386 of the Revised Code and
rule 123:1-32-07 of the
Administrative Code shall be entitled to, upon separation of service, a cash
benefit conversion for personal leave credit pursuant to division (E) of
section 124.386 of the Revised
Code.
(2) Payment for accumulated
unused personal leave credit shall be at a rate equal to an employee's base
rate of pay. Payment for an employee serving in a temporary work level or an
interim appointment shall be based on the base rate of pay of the employee's
normal classification.
(C) Notification of option to convert sick
leave and personal leave credits. Appointing authorities shall be responsible
for notifying employees in writing of their right to convert sick leave and
personal leave credits upon separation.
Five Year Review (FYR) Dates:
1/15/2020 and
01/15/2025
Promulgated
Under: 119.03
Statutory Authority: 124.09
Rule Amplifies:
124.384, 124.386
Prior Effective Dates: 03/29/1982, 02/04/1996,
04/05/1999, 06/18/2000, 11/14/2000, 12/01/2006, 04/07/2013,
10/06/2013
