Section 3342-6-11.10 - Administrative policy regarding leaves of absence without pay for nonteaching unclassified and classified staff(A) Eligibility. (1) A full-time employee who has completed probationary period or after one year of service with the university, whichever occurs first, or a part-time employee who has worked one thousand two hundred fifty hours the previous twelve months, may apply for a leave of absence without pay.(2) A leave of absence is granted for a specific purpose. The university has the right to investigate the reason for the leave as stated by the employee. If it is found that the leave is not actually being used for such purpose, the leave may be canceled and the employee directed to report to work by a written notice.(3) A leave of absence will not normally be granted to permit an employee to accept "other employment."(4) An employee requesting a leave of absence may be required to utilize accrued vacation and/or compensatory time before beginning leave without pay status. Each leave request will be individually evaluated, but final determination is at the discretion of the appointing authority.(B) Types of leaves.(1) Educational leave: A leave of absence without pay may be granted for a maximum period of two years for purposes of education, when such education would result in professional growth and development that would be of benefit to the university. The determination of whether the request for leave should be granted rests solely with the appropriate appointing authority. Renewal or extension beyond the two (1) year period is not authorized.(2) Child care: Upon request, an employee will be granted up to twelve weeks of leave without pay for the purpose of child care. At the discretion of the appointing authority, an employee may be granted an additional fourteen weeks of leave without pay for the purpose of child care. Child care leave cannot exceed a total of six months, must be taken consecutively and will be granted to a parent during the first twelve months following childbirth or. in the case of adoptive or foster parents, within the first twelve months of placement. All request for leave of absence without pay for child care shall be considered on a nondiscriminatory basis without regard to the sex of the parent. An adoptive or foster parent's request for leave of absence for purposes of child care shall be considered on the same basis of that of a biological parent.(3) Temporary disability: An employee will be granted a leave of absence without pay, not to exceed six months, when a licensed physician certifies the employee is unable to perform the substantial and material duties of the employee's position due to a personal illness, injury, pregnancy, childbirth or related medical condition. See rule 3342-6-11.3 of the Administrative Code and this register for details.(4) If the employee requests a leave of absence due to temporary disability, the university may request a statement from the health care provider treating the employee, stating the cause, nature and extent of the disability, illness, injury, or condition of the employee and indicating the employee is unable to perform his/her essential job functions. Documentation will not be required if the employee is hospitalized at the time the leave of absence is to begin, but may be required upon release form the hospital. Recertification by the health care provider may be required periodically.(5) Care for a member of the immediate family: A personal leave without pay, not to exceed twelve weeks may be granted to care for a member of the employee's immediate family who has a serious health condition. Immediate family is defined as an employee's spouse, parents, children, grandparents, siblings, grandchildren, brother-in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, father-in-law, or a legal guardian or other person who stands in the place of a parent (in loco parentis).(6) If the employee requests a leave of absence for care of a member of the immediate family, the university may require a certification from the health care provider treating the family member, stating the health condition of the family member. In addition, the health care provider must indicate the employee is needed to care for the family member and the estimated time that such care will be required. Recertification by the health care provider may be required periodically.(7) Before approving a leave request, the appointing authority may request the employee or the member of the employee's family be examined by a licensed physician to be designated by the university. Such examination may also be required when an employee requests reinstatement from temporary disability leave. The physician designated for such an examination cannot be employed part-time or full-time by the university at the time of the examination. The cost of such an examination shall be paid by the university.(8) In the event the medical documentation submitted by the employee's health care provider conflicts with the documentation submitted by the physician designated by the university, the employer may request a third opinion be obtained from a physician mutually selected by the employee and the university. The cost of such an examination shall be paid by the university and the recommendation of the physician shall be binding on both parties.(9) If the employee requests a leave to care for a spouse, or child or parent of the employee, or because the employee's health condition makes it impossible for the employee to perform his/her essential job function, such leave may be taken intermittently or on a reduced leave schedule.(10) If leave is requested for planned medical treatment for the employee or individual described in paragraph (B)(9) of this rule, the employee shall make a reasonable effort to schedule the treatment so as not to conflict with the employees normal hours of work.(C) General. (1) Upon completion of a leave of absence, the employee is to be returned to the position formerly occupied, or to a similar position if the employee's former position no longer exists. Any replacement in the position while an employee is on leave is to be on a temporary basis.(2) An employee who does not return from a leave of absence and who does not formally terminate his/her service with the university will automatically be terminated at the end of the leave. The university may charge the employee retroactively for the cost of insurance coverage paid by the university during the leave except in the case where the employee was unable to return to work because of health conditions or other reason beyond the employee's control.(3) An employee may, upon request, return to work prior to the expiration of a leave of absence if such early return is agreed to by the university.(4) Understandings relative to leaves of absence which are embodied in current collective bargaining agreements continue in effect.(D) Status during leave of absence. (1) The university will continue the insurance coverage and fee waiver benefit provided for in the employee's benefit program until the unpaid leave is terminated or for a duration of six months, whichever occurs first, when such leave is for child care, temporary disability, or to care for a member of the employee's immediate family. If monthly insurance contributions were required prior to the leave period, the employee must make arrangements with the staff benefits office to continue those contributions prior to the date the leave begins.(2) Insurance coverage and the fee waiver benefit will not be continued if the employee is granted a leave of absence for reasons not included in paragraph (D)(1) of this rule. University group insurance may be continued by the employee by paying the total monthly premiums. Arrangements for such coverage must be made with the staff benefits office prior to the leave of absence.(3) An employee on leave of absence does not receive pay for holidays falling within the dates of the leave of absence.(4) During a leave of absence, both the employer and the employee contributions to PERS or STRS are discontinued. Accrued benefits are not forfeited, nor can they be withdrawn during a leave of absence. In certain cases service credit can be purchased by the employee for a period of time spent on a approved leave of absence. Additional information relative to purchase of retirement credits may be obtained by contacting the staff benefits office.(5) An employee on leave of absence without pay does not earn sick leave or vacation credit. However, the time spent on authorized leave of absence is evaluated in determining length of service.(E) Application procedure.(1) All leaves of absence and extensions thereof must be requested thirty days in advance of the date the leave is to begin, when the necessity for leave is foreseeable. If the need for a leave is not foreseeable thirty days prior to the effective date of such leave, the employee must provide notice as soon as possible on forms provided by the university.(2) A request for leave of absence must be submitted to the employee's supervisor for review and, where appropriate, approval by the supervisor, dean/director, and the appropriate appointing authority (vice president or director of personnel). Replaces: 3342-6- 11.10
Ohio Admin. Code 3342-6-11.10
Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 10/5/1979, 2/14/1983, 10/5/1993, 6/1/2007