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

(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;

(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:

(5) "Child" means either of the following:

(6) "Incapable of self-care" has the same meaning as set forth in 29 C.F.R. 825.102.

(1) If a child is placed before or during the foster caregiver's or kinship caregiver's regularly scheduled work hours, eligibility for caregiver leave will begin on the day the placement occurs.

(2) If a child is placed after the foster caregiver's or the kinship caregiver's regularly scheduled work hours, eligibility for caregiver leave will begin on the next regular work day for the foster caregiver or the kinship caregiver.

(1) Each foster caregiver or kinship caregiver will receive a maximum of five days of caregiver leave in any calendar year regardless of the number of placements or children placed with the foster caregiver or kinship caregiver during the calendar year.

(2) Unused caregiver leave will expire at the end of each calendar year.

(3) Unused caregiver leave does not carry forward at the end of a calendar year.

(4) Caregiver leave cannot be converted to cash, even if it remains unused at the end of the calendar year.

(5) Eligibility for this benefit ends when the child is no longer placed in the person's home or if the employee qualifies for parental leave for the same child.

(1) In order to be eligible to use caregiver leave, a foster caregiver or kinship caregiver will provide the appointing authority with either a valid foster home certificate issued under section 5103.03 of the Revised Code or an attestation of a proper kinship relationship as set forth in paragraph (A)(2) of this rule.

(2) When possible, the foster caregiver or kinship caregiver will establish eligibility for caregiver leave as set forth in paragraph (D)(1), or will give the appointing authority advance notice of the intent to become a foster caregiver or kinship caregiver, prior to their first use of caregiver leave. In other cases, the eligible employee will provide the appointing authority with the documentation set forth in paragraph (D)(1) of this rule within two working days of returning to work following their first use of caregiver leave.

(3) Caregiver leave requested by an eligible foster caregiver or kinship caregiver will be granted by the appointing authority up to the maximum amount of caregiver leave available to the requester at the time of the request. Caregiver leave can be used in units of one-tenth of an hour.

(1) Use of caregiver leave does not impact an employee's eligibility to receive holiday pay.

(2) An otherwise eligible employee who is receiving workers' compensation is not eligible to use caregiver leave while receiving workers' compensation benefits.

(3) An otherwise eligible employee who is receiving disability leave or parental leave benefits is not eligible to use caregiver leave while receiving disability leave or parental leave benefits. An otherwise eligible employee is not eligible to use caregiver leave during an employee's waiting period for disability leave benefits.

(4) An otherwise eligible employee who is receiving occupational injury leave or salary continuation is not eligible to use caregiver leave while receiving occupational injury leave or salary continuation benefits.

(5) Caregivers who are also eligible for FMLA leave will have their caregiver leave count concurrently as FMLA leave only in circumstances described below: