Ohio Admin. Code 3337-41-13

Current through all regulations passed and filed through October 28, 2024

Section 3337-41-13 - Reduction in force of administrators

(A) Overview

Reductions in force may occur at any time during the year and may be based on lack of funds, lack of work, reorganization, changes in institutional priorities, or efficiency.

A reduction in force does not include a reduction of an employee's hours worked per week or number of months worked per year that does not result in a change in current benefits eligibility, or participation in the Ohio shared work program or future program of similar nature.

(B) Responsibilities

(1) Employing rights

(a) When a reduction in work force is being considered, a planning unit in consultation with the employing unit head must first consult with university human resources("UHR").

(b) Planning units must coordinate all reductions in force with their HR liaison who will provide the appropriate documentation. The documentation must explicitly state the reasons for the reduction in force.

(2) University human resources

(a) UHR will consult with the department on the reduction in work force and the staff salary and benefits continuance program set forth in policy 41.015

(b) The chief human resource officer will decide whether the reduction in force is authorized, and will notify the planning unit head of the decision.

(C) Notice to employees

Employees subject to a reduction in force shall be given written notice ninety calendar days in advance of the effective date of their termination.

The ninety-day notice requirement does not apply to employees holding special appointments under policy 40.106, part (F), nor to employees holding research appointments under policy 40.057. Notice of reductions in force for these positions will be given as soon as practicable.

The ninety-day notice requirement does not apply to employees in term appointments under policy 40.106, part (C).

Employees shall be entitled to paid leave at their current rate of pay with benefits during the ninety-day reduction-in-force notice period subject to the following conditions:

(1) The paid leave will start on a date to be determined by the planning unit head in consultation with UHR, and may be immediate, or may be delayed, but will begin no later than fourteen calendar days after notice of the reduction in force is given.

(2) If an employee obtains a full-time position with the university or another employer before the completion of the ninety-day period, the paid leave shall terminate on the date of the new employment.

(D) Benefits

Payment for accrued vacation will be made at time of termination.

There is no payment for accrued sick leave when an employee is terminated as a result of a reduction in force, but it may be transferred, as described in policy 40.029.

All insurance plans will be continued during the ninety-day notice period described above. COBRA benefits will apply after the termination date if the salary and benefit continuation plan set forth in policy 41.015 is not selected, and after the termination of benefits if the plan is selected.

Administrators who are terminated as a result of a reduction in force may continue to apply for university positions as internal candidates for a period of one year after the effective date of their termination.

(E) Ohio public employees retirement system

For applicable purposes detailed in Chapter 145 of the Revised Code, Ohio university has specifically designated the below detailed employing units and employees shall be considered assigned to a specific employing unit for purposes of Chapter 145 of the Revised Code.

The employing unit heads shall provide oversight and administration on all matters related to the employment status of personnel assigned to a specific unit. Employing units are responsible for employment decisions. The employing units at Ohio university are as follows:

(1) Office of the president

(2) Office of the executive vice president and provost (EVPP)

(3) Office of the senior vice president of finance administration (VPFA)

(4) Office of the vice president of student affairs

Replaces:3337-41-13

Ohio Admin. Code 3337-41-13

Effective: 7/1/2022
Promulgated Under: 111.15
Statutory Authority: 3337.01
Rule Amplifies: 3337.01
Prior Effective Dates: 07/22/2016