Current through all regulations passed and filed through September 16, 2024
(A)
What are the
requirements for an employee of a family child care provider?
Employees are to:
(1)
Have on file, on
or before the employee's first day of employment, a completed medical statement
that meets the requirements of appendix B to rule
5101:2-13-02 of the
Administrative Code.
(2)
Have written documentation on file of current
immunization against tetanus, diphtheria and pertussis (Tdap) from a licensed
physician as defined in Chapter 4731. of the Revised Code, physician's
assistant, advanced practice registered nurse, certified nurse midwife,
certified nurse practitioner or licensed pharmacist. The employee may be exempt
from the immunization requirement for religious reasons with written
documentation signed by the individual and for medical reasons with written
documentation signed by a licensed physician.
(B)
What are the
requirements for a child care staff member of a family child care
provider?
Child care staff members, including
substitute child care staff members:
(1)
Are to meet all
of the requirements detailed in appendix A to this rule.
(2)
Are to have on
file, on or before the child care staff member's first day of employment, a
completed medical statement that meets the requirements of appendix B to rule
5101:2-13-02 of the
Administrative Code.
(3)
Are to have written documentation on file of current
immunization against tetanus, diphtheria and pertussis (Tdap) from a licensed
physician as defined in Chapter 4731. of the Revised Code, physician's
assistant, advanced practice registered nurse, certified nurse midwife,
certified nurse practitioner or licensed pharmacist. The child care staff
member may be exempt from the immunization requirement for religious reasons
with written documentation signed by the individual and for medical reasons
with written documentation signed by a licensed physician.
(4)
Are to complete
the family child care staff orientation training as prescribed by the Ohio
department of job and family services (ODJFS) within thirty days of starting
employment unless the child care staff member has documentation of completion
of the training after December 31, 2016. Completion of the training is to be
documented with verification from the OPR.
(5)
May be used to
meet group size and supervision requirements but are not to be left alone with
the children until the orientation training is completed.
(6)
May act in the
provider's place during an inspection if the provider is not
present.
(C)
What are the OPR and documentation requirements for
employees and child care staff members in a family child care home?
All employees and child care staff
members, including substitute child care staff members are to:
(1)
Create or update
their individual profile in the OPR.
(2)
Create an
employment record for the family child care program on or before the first day
of employment, including date of hire.
(3)
Update their
individual profiles or employment records in the OPR within five calendar days
of a change, including:
(a)
Contact information.
(b)
Positions or
roles, and related dates.
(D)
Do employees and
child care staff members have whistle blower protection?
Yes, an employer is not to discharge,
demote, suspend or threaten to discharge, demote, suspend or in any manner
discriminate against any employee or child care staff member based solely on
the employee or child care staff member taking any of the following
actions:
(1)
Making any good faith oral or written complaint to the
ODJFS or other agency responsible for enforcing Chapter 5104. of the Revised
Code regarding a violation of this chapter or the rules adopted pursuant to
Chapter 5104. of the Revised Code;
(2)
Instituting or
causing to be instituted any proceeding against the employer under section
5104.04 of the Revised
Code;
(3)
Acting as a witness in any proceeding under section
5104.04 of the Revised
Code;
(4)
Refusing to perform work that constitutes a violation
of Chapter 5104., or the rules adopted pursuant to Chapter 5104. of the Revised
Code.
Replaces: 5101:2-13-08
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