Ohio Administrative Code
Title 3342 - Kent State University
Chapter 3342-6 - Administrative Policy on Awards and Compensation for University Employees
Section 3342-6-11.10 - Administrative policy regarding leaves of absence without pay for nonteaching unclassified and classified staff
Universal Citation: OH Admin Code 3342-6-11.10
Current through all regulations passed and filed through March 18, 2024
(A) Eligibility.
(1)
A full-time employee who has completed probationary
period or after one year of service with the university, whichever occurs
first, or a part-time employee who has worked
one thousand two
hundred fifty hours the previous twelve months, may apply for a leave of
absence without pay.
(2)
A leave of absence is granted for a specific purpose.
The university has the right to investigate the reason for the leave as stated
by the employee. If it is found that the leave is not actually being used for
such purpose, the leave may be canceled and the employee directed to report to
work by a written notice.
(3)
A leave of absence will not normally be granted to
permit an employee to accept "other employment."
(4)
An employee
requesting a leave of absence may be required to utilize accrued vacation
and/or compensatory time before beginning leave without pay status. Each leave
request will be individually evaluated, but final determination is at the
discretion of the appointing authority.
(B) Types of leaves.
(1)
Educational leave: A leave of absence without pay may be
granted for a maximum period of two years for purposes of education, when such
education would result in professional growth and development that would be of
benefit to the university. The determination of whether the request for leave
should be granted rests solely with the appropriate appointing authority.
Renewal or extension beyond the two (1) year period is not
authorized.
(2)
Child care: Upon request, an employee will be granted
up to twelve weeks of leave without pay for the purpose of child care. At the
discretion of the appointing authority, an employee may be granted an
additional fourteen weeks of leave without pay for the purpose of child care.
Child care leave cannot exceed a total of six months, must be taken
consecutively and will be granted to a parent during the first twelve months
following childbirth or. in the case of adoptive or foster parents, within the
first twelve months of placement. All request for leave of absence without pay
for child care shall be considered on a nondiscriminatory basis without regard
to the sex of the parent. An adoptive or foster parent's request for leave of
absence for purposes of child care shall be considered on the same basis of
that of a biological parent.
(3)
Temporary
disability: An employee will be granted a leave of absence without pay, not to
exceed six
months, when a licensed physician certifies the employee is
unable to perform the substantial and material duties of the employee's
position due to a personal illness, injury, pregnancy, childbirth or related
medical condition. See
rule 3342-6-11.3 of the Administrative Code and this
register for details.
(4)
If the employee requests a leave of absence due to
temporary disability, the university may request a statement from the health
care provider treating the employee, stating the cause, nature and extent of
the disability, illness, injury, or condition of the employee and indicating
the employee is unable to perform his/her essential job functions.
Documentation will not be required if the employee is hospitalized at the time
the leave of absence is to begin, but may be required upon release form the
hospital. Recertification by the health care provider may be required
periodically.
(5)
Care for a member of the immediate family: A personal
leave without pay, not to exceed twelve weeks may be granted to care for a
member of the employee's immediate family who has a serious health condition.
Immediate family is defined as an employee's spouse, parents, children,
grandparents, siblings, grandchildren, brother-in-law, sister-in-law,
daughter-in-law, son-in-law, mother-in-law, father-in-law, or a legal guardian
or other person who stands in the place of a parent (in loco
parentis).
(6)
If the employee requests a leave of absence for care of
a member of the immediate family, the university may require a certification
from the health care provider treating the family member, stating the health
condition of the family member. In addition, the health care provider must
indicate the employee is needed to care for the family member and the estimated
time that such care will be required. Recertification by the health care
provider may be required periodically.
(7)
Before approving
a leave request, the appointing authority may request the employee or the
member of the employee's family be examined by a licensed physician to be
designated by the university. Such examination may also be required when an
employee requests reinstatement from temporary disability leave. The physician
designated for such an examination cannot be employed part-time or full-time by
the university at the time of the examination. The cost of such an examination
shall be paid by the university.
(8)
In the event the
medical documentation submitted by the employee's health care provider
conflicts with the documentation submitted by the physician designated by the
university, the employer may request a third opinion be obtained from a
physician mutually selected by the employee and the university. The cost of
such an examination shall be paid by the university and the recommendation of
the physician shall be binding on both parties.
(9)
If the employee
requests a leave to care for a spouse, or child or parent of the employee, or
because the employee's health condition makes it impossible for the employee to
perform his/her essential job function, such leave may be taken intermittently
or on a reduced leave schedule.
(10)
If leave is
requested for planned medical treatment for the employee or individual
described in paragraph (B)(9) of this rule, the employee shall make a
reasonable effort to schedule the treatment so as not to conflict with the
employees normal hours of work.
(C) General.
(1)
Upon completion
of a leave of absence, the employee is to be returned to the position formerly
occupied, or to a similar position if the employee's former position no longer
exists. Any replacement in the position while an employee is on leave is to be
on a temporary basis.
(2)
An employee who does not return from a leave of absence
and who does not formally terminate his/her service with the university will
automatically be terminated at the end of the leave. The university may charge
the employee retroactively for the cost of insurance coverage paid by the
university during the leave except in the case where the employee was unable to
return to work because of health conditions or other reason beyond the
employee's control.
(3)
An employee may, upon request, return to work prior to
the expiration of a leave of absence if such early return is agreed to by the
university.
(4)
Understandings relative to leaves of absence which are
embodied in current collective bargaining agreements continue in
effect.
(D) Status during leave of absence.
(1)
The university
will continue the insurance coverage and fee waiver benefit provided for in the
employee's benefit program until the unpaid leave is terminated or for a
duration of six months, whichever occurs first, when such leave is for child
care, temporary disability, or to care for a member of the employee's immediate
family. If monthly insurance contributions were required prior to the leave
period, the employee must make arrangements with the staff benefits office to
continue those contributions prior to the date the leave
begins.
(2)
Insurance coverage and the fee waiver benefit will not
be continued if the employee is granted a leave of absence for reasons not
included in paragraph (D)(1) of this rule. University group insurance may be
continued by the employee by paying the total monthly premiums. Arrangements
for such coverage must be made with the staff benefits office prior to the
leave of absence.
(3)
An employee on leave of absence does not receive pay
for holidays falling within the dates of the leave of absence.
(4)
During a leave of
absence, both the employer and the employee contributions to PERS or STRS are
discontinued. Accrued benefits are not forfeited, nor can they be withdrawn
during a leave of absence. In certain cases service credit can be purchased by
the employee for a period of time spent on a approved leave of absence.
Additional information relative to purchase of retirement credits may be
obtained by contacting the staff benefits office.
(5)
An employee on
leave of absence without pay does not earn sick leave or vacation credit.
However, the time spent on authorized leave of absence is evaluated in
determining length of service.
(E) Application procedure.
(1)
All leaves of absence and extensions thereof must be
requested thirty days in advance of the date the leave is to begin, when the
necessity for leave is foreseeable. If the need for a leave is not foreseeable
thirty days prior to the effective date of such leave, the employee must
provide notice as soon as possible on forms provided by the
university.
(2)
A request for leave of absence must be submitted to the
employee's supervisor for review and, where appropriate, approval by the
supervisor, dean/director, and the appropriate appointing authority (vice
president or director of personnel).
Replaces: 3342-6- 11.10
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.