Ohio Administrative Code
Title 123:1 - Division of Human Resources
Chapter 123:1-32 - Sick and Personal Leave
Section 123:1-32-10 - Transfer of sick leave, personal leave and vacation leave credits, restoration of sick leave, personal leave and vacation leave credit
Universal Citation: OH Admin Code 123:1-32-10
Current through all regulations passed and filed through September 16, 2024
(A) Transfer of leave.
(1) Transfer of sick leave credit. An
employee who transfers from one public agency to another, shall be credited
with the unused balance of the accumulated sick leave credit up to the maximum
sick leave accumulation permitted in the public agency to which the employee
transfers. An employee who is paid directly by warrant of the director of the
office of budget and management that transfers to a public agency in which
employees are paid directly by warrant of the director of budget and management
shall be credited with the entire unused sick leave balance.
(2) Transfer of personal leave credit. An
employee who transfers from one public agency to another shall be credited with
the unused balance of his or her entire personal leave credit, provided that if
the employee is no longer eligible to receive personal leave credit in
accordance with section
124.386 of the Revised Code, the
employee will receive personal leave cash conversion benefits as provided in
division (E) of section
124.386 of the Revised
Code.
(3) Transfer of vacation leave
credit.
(a) An employee who transfers from one
public agency to another shall be credited with the unused balance of the
accumulated vacation leave credit up to the maximum vacation leave accumulation
permitted by the public agency to which the employee transfers. For purposes of
this rule, "public agency" includes both county and state of Ohio service for
purposes of transferring unused vacation pursuant to section
124.13 of the Revised
Code.
(b) When an employee
transfers from a position that has been authorized for an annual leave accrual
maximum greater than the maximum allowed in division (B) of section
124.134 of the Revised Code, the
employee forfeits the right to be credited with the vacation leave that is in
excess of the maximum allowed by division (B) of section
124.134 of the Revised Code, and
instead shall receive payment for the excess leave at a rate equal to the
employee's base rate of pay for the position authorizing the greater annual
leave accrual maximum.
(c) When
an
employee transfers from one public agency to another the releasing public
agency shall provide the receiving public agency with documentation certifying
the employee's balance to be transferred and that the releasing agency has
eliminated the balance from their records upon
transfer.
(B) Restoration of leave credit upon reemployment.
An employee shall be responsible for notifying the employee's current appointing authority of the amount of unconverted leave and that employee shall provide reasonable documentation in support of any claim. Upon request by that employee or the employee's current appointing authority, the employee's previous appointing authority shall provide the employee or the employee's appointing authority with adequate documentation regarding the previously accumulated leave of which the former appointing authority is aware.
(1) Restoration of sick leave
credit. An employee who is rehired within ten years of the employee's
separation from state service to a position that is eligible to accrue leave
shall be credited with any sick leave that has not been converted to cash and
shall be prohibited from further conversion until separation from state service
unless the conversion is pursuant to section
124.383 of the Revised Code.
(a) An employee who had previously
accumulated sick leave credit under the provisions of section
124.382 of the Revised Code and
rule 123:1-32-01 of the
Administrative Code, shall, upon reemployment in the public service, have
restored all unused sick leave credit which was not converted to a cash benefit
under the provisions of section
124.384 of the Revised Code or
any other conversion provisions provided the employee is reemployed within ten
years.
(b) An employee who had
previously accumulated sick leave credit under the provisions of section
124.38 of the Revised Code shall
upon reemployment in the public service have restored all unused sick leave
credit which was not converted to a cash benefit under any policies or
provisions established by the employee's employing agency or political
subdivision provided the employee is reemployed within ten
years.
(2) Restoration of
personal leave credit. An employee who had previously accumulated personal
leave credit under the provisions of section
124.386 of the Revised Code
shall, upon reemployment in the public service, have restored all accrued and
unused personal leave credit which was not converted to a cash benefit,
provided the employee is reemployed within thirty days of the date on which the
employee was last separated from public service.
(3) Restoration of vacation leave credit. An
employee who had previously accumulated vacation leave credit under the
provisions of section
124.134 of the Revised Code
shall, upon reemployment in the public service, have restored all accrued and
unused vacation leave credit which was not converted to a cash benefit, up to a
maximum allowable for the employee's new position, provided the employee is
reemployed within thirty days of the date on which the employee was last
separated from public service. If the employee has more vacation leave credit
than allowable under the new position, the employee shall receive payment for
the excess leave at a rate equal to the employee's base rate of pay for the
position authorizing the greater annual accrual maximum.
(4) Failure to notify. If an employee fails
to notify the appointing authority of the employee's desire to restore leave
and the leave is then converted to cash, the employee waives the ability to
restore the accrued and unused leave credit.
Five Year Review (FYR) Dates:
1/15/2020 and
01/15/2025
Promulgated
Under: 119.03
Statutory Authority: 124.09
Rule Amplifies:
124.134, 124.38, 124.382, 124.386
Prior Effective Dates: 03/29/1982,
02/04/1996, 04/05/1999, 09/03/2006, 07/01/2007, 04/07/2013, 10/06/2013,
04/05/2015
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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