Any employee who is given a disability separation under the provisions of rule 123:1-30-01 or rule 123:1-30-02 of the Administrative Code and who is eligible to receive disability leave benefits under the provisions of Chapter 123:1-33 of the Administrative Code may apply for disability leave benefits within twenty calendar days after the date the employee is given a disability separation. The approval of a claim for disability leave benefits shall be governed by the provisions of Chapter 123:1-33 of the Administrative Code.
If a determination cannot be made within forty-five days of receipt of the application, then the director or designee shall notify the employee of the delay.
Such information must be submitted within twenty days from the date of notification of the determination or within twenty days from the ending date of approved disability benefits, whichever is later. The appointing authority shall, within five days of receipt of such additional information, forward it to the director. Where extenuating circumstances prevent an employee from providing additional information within the required time frame, a written statement from the party responsible for the delay explaining such extenuating circumstances must be filed within fifteen calendar days after the twenty-day time period has expired. Appropriate extenuating circumstances shall be accepted as an extension of the time limit to provide additional information. If there will be a filing delay due to the completion of the attending physician statement, Employee statements are to be submitted to the appointing authority within twenty calendar days of the last day worked, and the claim will be considered timely filed. The employee will then be granted an additional ten calendar days to submit the attending physician statement and other supporting medical documentation. By exercising the right to submit additional information, the employee does not waive his or her right to appeal the determination pursuant to rule 123:1-33-04 of the Administrative Code. The appeal must still be filed within thirty days of the original notification of the denial.
Ohio Admin. Code 123:1-33-02
Five Year Review (FYR) Dates: 5/15/2020 and 05/15/2025
Promulgated Under: 119.03
Statutory Authority: 124.09, 124.385
Rule Amplifies: 124.385
Prior Effective Dates: 03/29/1982, 01/07/1983, 10/24/1983, 04/05/1984 (Emer.), 07/18/1984 (Emer.), 09/10/1984, 10/29/1995, 07/01/1997, 06/18/2000, 10/29/2006, 11/01/2009, 12/13/2015