Current through all regulations passed and filed through September 16, 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.
(B)
Conditions of
leave of absence without pay.
(1) Length
of leave. Upon written request, a leave of absence without pay may be granted
for any personal reason. Renewal or extension beyond the maximum allowed
will
not be granted except as provided in this rule.
(a) Leaves of absence without pay for
personal reasons may be granted for a maximum duration of six months.
(b) Employees of any agency
that
has a work year equivalent to an academic year may be granted leaves of absence
without pay for personal reasons of six months, and such leave may be extended
for instructional and instructional support staff with the approval of the
director through the beginning of the next academic year.
(c) Leave of absence without pay may be
granted for a maximum period of two years for purposes of education or training
that
would benefit
the
employee's agency or for voluntary service in any governmentally
sponsored program of public betterment. Renewal or extension beyond the
two-year period
is not
allowed.
(2) Abuse of
leave. If it is found that a leave is not actually being used for the purpose
for which it was granted, the appointing authority may cancel the leave and
direct the employee to report for work by giving written notice to the employee
and the director of administrative services.
(3) Failure to return.
A
classified employee who fails to return to
service within
three working days of the completion or a valid cancellation of a leave of
absence without pay without explanation to the appointing authority or his
representative may be removed
in accordance with section
124.34 of the Revised Code.
Any
employee who fails to return to service from a leave of absence without pay and
is subsequently removed or voluntarily resigns is deemed to have a termination date corresponding to the
starting date of the leave of absence without pay.
(4) Return to service.
(a)
Classified
employees. Upon completion of a leave of absence without pay, the employee will
be returned to the same or similar position within the employee's former
classification. If the employee's former classification no longer exists the
employee will, with approval of the director, be assigned to a position in a
classification similar to that formerly occupied. The employee may be returned
to active pay status prior to the originally scheduled expiration of the leave
if such earlier return is agreed to by both the employee and the appointing
authority.
(b)
Unclassified employees. The employee's return to
service is within the discretion of the appointing authority, subject to all
relevant state and federal law including but not limited to the
FMLA.
(5) Service
credit. Authorized leaves of absence without pay will count as service credit
for annual step increases, layoff purposes, and for computing the amount of
vacation leave, provided the employee is properly returned to service and is
not serving a probationary period. Employees
who do not
return to service from a leave of absence without pay
will
not receive service credit for the time spent on such leave.
(6) Reporting leaves. The appointing
authority
will report to the director any leave of absence
without pay
that extends for one pay period or longer, and the
subsequent return from such a leave. Any leave of absence without pay
will be
reported for an employee serving a probationary period.
(7) Probationary period of an employee on a
leave of absence without pay. The period during which an employee is on a leave
of absence without pay
will not be counted towards an employee's
original or promotional probationary period.
(8) Benefits. While on a leave of
absence without pay
that lasts
longer than one pay period, the employee is responsible for both the employer's
and employee's share of health care benefit premiums,
unless prohibited by law.
(C) Disabling illness, injury, or condition. Subject to the provisions contained in
Chapter 123:1-33 of the Administrative Code, upon written request to the
appointing authority, employees
with a disabling illness, injury, or condition
who are not eligible to receive disability benefits may be granted a leave of
absence without pay, subject to the provisions of this rule
if the employee
demonstrates that the probable length of disability
will not exceed six months.
(1) Length of
leave. Leaves of absence without pay
are limited to the period of time
that the employee is unable to perform the essential job duties of the
employee's position. This period may include reasonable rehabilitation and
recovery time, as certified by a licensed practitioner, not to exceed six
months. If the employee is unable to return to active work status within six
months, the employee may be given a disability separation in accordance with
Chapter 123:1-33 of the Administrative Code.
(2) Licensed practitioner's certificate. An
employee requesting a leave of absence without pay due to a disabling illness,
injury or condition
will present, at the time the request is made, a
licensed practitioner's certificate stating the probable period for which the
employee will be unable to perform the essential job duties of the employee's
position. The specialty of the licensed practitioner
providing the certificate will be based upon the employee's diagnosed
condition. If a request for leave is based upon a diagnosis of a mental
disorder, including but not limited to, psychosis, mood disorders, and anxiety,
then such request must be confirmed by a licensed mental health
practitioner.
(3) Sick
and vacation leave usage. Upon request,
an employee
will be
permitted to use any or all of the employee's accumulated
vacation and sick leave credit only for the
period of time, as certified by
a credible licensed practitioner's certificate,
that the employee is unable to work as a result of a disabling illness,
injury, or condition. An employee
who
used sick or vacation leave credit
for the disabling illness, injury, or condition
may receive a leave of absence without pay for
the remainder of the period defined in
paragraph (C)(1) of this rule.
(4) Request for leave.
Requests for leave of absence without pay, sick leave, personal leave or
vacation leave made pursuant to this rule are subject to the internal
management procedures of the employee's appointing authority.
(5)
Return to work. The appointing authority of an employee on a leave of absence
without pay for a disabling illness, injury or condition may require the
employee, prior to the employee's return to work, to provide a physician's
certificate that confirms the employee is able to perform the essential job
duties of the employee's position.
(D) Child care. Any employee may, at the
discretion of the appointing authority, be granted a leave of absence without
pay for purposes of child care. All requests for leave of absence without pay
for purposes of child care
will be considered on a nondiscriminatory basis
without regard to the sex of the employee.
An adoptive or foster parent's request for leave of absence for
purposes of child care
will be considered on the same basis as that of a
biological parent under similar circumstances.
