Ohio Administrative Code
Title 3349 - Northeast Ohio Medical University
Chapter 3349-8 - Policies for Unclassified Hourly Employees and Classified Civil Service Employees
Section 3349-8-05 - Abuse of sick leave
Universal Citation: OH Admin Code 3349-8-05
Current through all regulations passed and filed through September 16, 2024
(A) Purpose
To establish a rule to govern situations of sick leave abuse.
(B) Scope
This rule applies to all administrative staff, unclassified hourly employees and classified civil service employees at the institution.
(C) Definitions
(1)
"Abuse of Sick Leave" is defined as the use of sick
leave for purposes other than those set forth in the sick leave, personal leave
and bereavement leave rule, or the legitimate use of sick leave when it
negatively impacts the employee's work performance or the operations of the
institution.
(2)
Consult rule
3349-7-01 of the Administrative
Code.
(3)
"Immediate Family" means an employee's spouse,
parents, children, grandparents, siblings, grandchildren, sister-in-law,
brother-in-law, mother-in-law, father-in-law, daughter-in-law, son-in-law,
step-parents, step-children, step-siblings, or a legal guardian or other person
who stands in loco parentis.
(4)
"Licensed
Practitioner" refers to a person who is licensed to practice medicine, surgery
or psychology in the state of Ohio.
(D) Rule statement
(1)
Immediate supervisors should regularly monitor and manage all of the sick leave
used by the employees under their supervision.
(2)
The immediate
supervisor should consider the following factors to identify sick leave
abuse:
(a)
The
frequency of and the reasons for sick leave use. absences necessitated by
documented chronic long-term illness/disabilities will not be considered
inappropriate use,
(b)
The balance between an employee's number of years of
service and hours of unused sick leave,
(c)
Repeated Monday
and Friday absences.
(d)
Absences when a vacation request has been
denied.
(e)
"Seasonal Absences" associated with given times of the
year (e.g. hunting season) or paid holidays.
(f)
Excessive use of
sick leave during periods of progressive discipline or immediately prior to
retirement.
(g)
Failure to notify the institution in accordance with
the sick leave, personal leave, and bereavement leave rule when the employee
will be absent.
(h)
The impact of the employee's absences on the workplace
(e.g. disruptions in work schedules, overtime costs, student
learning).
(3)
If the immediate supervisor suspects that sick leave
abuse is occurring then the immediate supervisor shall:
(a)
Consult with
human resources.
(b)
Counsel the employee on his/her use of sick
leave.
(c)
If the immediate supervisor has reason to suspect that
an employee is abusing sick leave the immediate supervisor may require the
employee to provide doctor's statements for a sick leave use for a fixed time
period to verify legitimate use of sick leave.
(d)
Sick leave
recorded on the time card should not be approved by the immediate supervisor if
there is evidence of or a reasonable belief that abuse has occurred unless the
employee provides satisfactory evidence of legitimate use of sick
leave.
(e)
Refer the employee to the employee assistance program,
if appropriate.
(f)
Document all of these actions. Immediate supervisors
should also reflect how the employee's attendance has affected the employee's
ability to complete the tasks on the employee's performance
review.
(4)
If sick leave abuse continues, the immediate
supervisor shall consider its effect on the employee's performance and the
operations of the department or institution. When the absences negatively
affect the employee's performance, or the operation of the department or
institution, discipline up to an including termination may be imposed. Such
discipline may be imposed even when the reasons for sick leave use have been
legitimate, unless taken as part of a family medical leave act, leave of
absence, or an organ donor leave of absence.
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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