Ohio Administrative Code
Title 3349 - Northeast Ohio Medical University
Chapter 3349-8 - Policies for Unclassified Hourly Employees and Classified Civil Service Employees
Section 3349-8-37 - Corrective action
Universal Citation: OH Admin Code 3349-8-37
Current through all regulations passed and filed through September 16, 2024
(A) Purpose
To establish a rule for corrective action.
(B) Scope
This rule applies to all unclassified hourly employees and classified civil service employees who have completed the new-employee probationary period. This rule does not apply to student employees.
(C) Definitions
(1)
"Appointing Authority" refers to the director of human
resources or his or her designee based on the designation of authority by the
university's board of trustees pursuant to the powers granted to the board of
trustees by division (f) of section
124.14 of the Revised Code,
which states that the powers, duties, and functions of the administrative
services and the director of the administrative services are assigned to the
university's board of trustees, excluding the powers of the state personnel
review board.
(2)
"Corrective Action" are those actions taken by the
university to correct or improve job-related performance or
behavior.
(3)
"Demotion" means the movement of an employee at the
direction of the appointing authority to a position in a lower salary range,
classification or grade.
(4)
"Oral Warning" is an oral notification of a specific
problem requiring corrective action or improvement.
(5)
"Probation" is a
step in the corrective action process that is employed when the reason for
corrective action is not serious enough to warrant suspension or termination,
or if prior progressive corrective action has not been
successful.
(6)
"Reasons for Corrective Action" include, but are not
limited to:
(a)
Incompetence,
(b)
Inefficiency,
(c)
Dishonesty,
(d)
Coming to work
under the influence of alcohol or drugs,
(e)
Sexual harassment
or lewd behavior,
(f)
Insubordination,
(g)
Discourteous
treatment of public,
(h)
Neglect of duty, and
(i)
Failure of good
behavior.
(7)
"Progressive Corrective Action" usually involves five
steps. The five steps are usually implemented in the following order: oral
warning, written warning, probation, suspension and termination. If the reason
for corrective action is severe and/or repetitive, a step or steps in the
process may be skipped or combined.
(8)
"Suspension" is a
step in the corrective action process that is used if the reason for corrective
action is not serious enough to warrant termination, or if prior progressive
corrective action has been unsuccessful.
(9)
"Termination" of
employment is the final step in the corrective action process; it is used if
the reason for corrective action is severe or repetitive or if prior
progressive corrective action has been unsuccessful.
(10)
"Written
Warning" is a written notification of a specific problem requiring corrective
action.
(D) Body of the rule
(1)
Most workplace
performance problems are handled by informal discussion or counseling between
the immediate supervisor and employee. The corrective action rule is applied
where more formal action is required.
(2)
It is the
university's rule and practice that corrective action be progressive in nature,
begin with the least severe action necessary to correct the undesirable
situation, and increase in severity if the condition is not corrected. The
steps in increasing order of severity are oral warning, written warning,
probation, suspension and termination from employment.
(3)
In addition to
being progressive in nature, it is important that the degree of corrective
action be directly related to the seriousness of the offense and the employee's
record; therefore, it is possible for steps to be skipped, repeated, or
combined.
(4)
During the probationary period for new employees,
progressive corrective action need not be employed and more severe corrective
action including immediate termination may be applied.
(5)
The corrective
actions of oral warning and written warning may be taken by the immediate
supervisor. Documentation of such actions should be placed in the employee's
personnel file in human resources. Further steps may only be implemented by the
action of the appointing authority.
(6)
Steps in the
corrective action progression
(a)
Oral warning is generally the first notification of a
specific problem. This corrective action shall be delivered as soon as possible
after the occurrence which initiated the action.
Documentation should include:
(i)
The time and date of the oral warning;
(ii)
The specific
violations or work performance problems that resulted in the oral
warning;
(iii)
The date of the incident, if
applicable;
(iv)
The actions to be taken to correct the problem(s);
and
(v)
The consequences of failure to correct the problem(s)
and the consequences of additional violations of university or departmental
rules or rules.
(b)
Written warning
is generally the next step in the corrective action process. It is used in a
case where acceptable progress toward correcting a problem has not been made,
or in a case where the problem or job-related conduct is more severe or
repetitive.
Documentation in the written warning should include:
(i)
The time and date of the warning;
(ii)
The specific
violations or work performance problems that resulted in the written
warning;
(iii)
The date of the incident, if
applicable;
(iv)
The action to be taken to correct the problem(s);
and
(v)
The consequences of failure to correct the problem(s)
and the consequences of additional violations of university or departmental
rules or rules.
(c)
Probation
generally follows a written warning if an offense is not serious enough to
warrant suspension or termination, or if prior progressive corrective action
has not been successful.
(i)
Probation shall not normally be greater than ninety
calendar days.
(ii)
Documentation of the probation shall include:
(a)
The dates of the
probationary period;
(b)
The specific violations or work performance problems
that resulted in the probation;
(c)
The date of the
incident, if applicable;
(d)
The action to be taken to correct the problem(s);
and
(e)
The consequences of failure to correct the problem(s)
and the consequences of additional violations of university or departmental
rules or rules.
(iii)
At any point
during probation, if the employee is not improving or commits another
offense(s), additional corrective action may be taken.
(iv)
At the end of
probation, a written statement should be completed by the appointing authority
advising the employee of satisfactory performance and removal from probation or
the need for additional corrective action.
(v)
If paid leave is
authorized for more than one week during probation, the probation will be
adjusted by that length of time. No unpaid leave will be granted during a
period of probation.
(d)
Suspension is
generally the next step in the corrective action process if an offense is not
serious enough to warrant termination from employment, or if prior corrective
action has not been successful. The corrective action of suspension may only be
taken by the appointing authority.
(i)
Suspension without pay is generally for a period of one
to five working days. The length of suspension is typically dependent upon the
nature and severity of the infraction or violation. Suspension without pay for
three or more days requires that notification be sent to the state personnel
board of review.
(ii)
In cases of suspension required pending further
investigation, the suspension may be of undetermined length depending upon the
complexity of the case. In such cases, the suspension shall be termed an
administrative leave and the administrative leave shall be with pay unless
prohibited by law.
(iii)
Documentation of the suspension shall include:
(a)
The date(s) of
suspension;
(b)
The specific violations or work performance problems
that resulted in the suspension;
(c)
The date of the
incident, if applicable;
(d)
The consequences of failure to correct the problem(s)
or additional violations of university or departmental rules or
rules;
(e)
Date, time and place of the pre-suspension meeting if
the suspension is for more than three days;
(f)
Consequences of
failure to attend pre-suspension meeting.
(iv)
Prior to
suspension of three days or more, the appointing will schedule and hold a
pre-suspension meeting. Human resources will notify the employee and the
immediate supervisor and department head of the date, time and location. During
the meeting, the immediate supervisor should be prepared to discuss the reasons
and the basis for requesting corrective action. The employee will have an
opportunity to explain and present evidence as to why the action should not be
taken. If the situation warrants, the appointing authority may immediately
suspend an employee, with or without pay pending the pre-suspension
meeting.
(v)
The appointing authority may conduct an investigation
prior to the pre-suspension meeting if the appointing authority determines
there is a need for, such an investigation.
(vi)
After the
pre-suspension meeting, the person who held the meeting will recommend
appropriate action to the appointing authority. The appointing authority will
notify the immediate supervisor and employee of the action to be
taken.
(e)
Termination is the final step in the corrective action
process. In case of a serious offense, the university may proceed directly to
termination.
(i)
Prior to termination, the appointing authority will schedule
and hold a pre-termination meeting. The appointing authority will notify the
employee and the immediate supervisor and department head of the date, time and
location of the meeting. During the meeting, the immediate supervisor should be
prepared to discuss the reasons and the basis for requesting corrective action.
The employee will have an opportunity to explain and present evidence as to why
the action should not be taken.
(ii)
The appointing
authority may conduct an investigation prior to the pre-termination meeting if
the appointing authority determines there is a need for such an
investigation.
(iii)
After the pre-termination meeting, the person who held
the meeting will recommend appropriate action to the appointing authority. The
appointing authority will notify the immediate supervisor and employee of the
action to be taken.
(7)
All corrective
action memos shall be reviewed with the employee and signed by the immediate
supervisor and employee. If the employee refuses to sign, this shall be noted
in place of the employee's signature. Documentation of corrective action, shall
be forwarded to human resources for retention in the employee's personnel
record. A copy shall also be given to the employee.
(8)
Appeals
Only classified civil service employees may appeal the following corrective actions to the state personnel board of review:
(a)
Terminations, except during the initial probationary
period and for conviction of a felony.
(b)
Demotions, except
during the promotional probationary period.
(c)
Suspensions,
greater than three days.
(9)
Return of
university property
Employee must return all university property on or before the last work day, or when commencing administrative leave, at a time determined by the immediate supervisor or human resources.
Replaces: 3349-8-37
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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