Ohio Administrative Code|Rule 3349-7-145 | Emergency sick leave donation rule.

                                                

(A) Purpose

To establish an emergency sick leave donation
rule.

(B) Scope

This rule applies to faculty, administrative
staff, unclassified hourly employees and classified civil service employees.
The rule does not apply to student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative
Code.

(2) "Active Pay Status" for purposes of this rule
includes regular hours worked, vacation leave, sick leave, personal leave,
compensatory time, legal holiday leave, winter break leave, and civic duty
leave.

(3) "Legal Holiday Leave" is a day of paid leave
that is designated by the state of Ohio and approved by the board of
trustees.

(4) "Parental Leave" is the period of time taken
after birth or adoption of a child by a parent, legal guardian or person
standing in loco parentis.

(D) Rule statement

(1) Eligibility and payments

(a) Employees may apply
for funds through the emergency sick leave donation program if they are in
critical need of paid leave due only to the personal medical necessity of the
employee. The human resources department will consider whether to approve the
payment of funds under the emergency sick leave donation program on a bi-weekly
basis. Employees may not apply to the emergency sick leave donation program to
cover unpaid absences due to the care of family members.

(b) The department of
human resources has the discretion to approve or not approve any amount of
hours requested up to the life-time maximum. There is no appeal from this
decision.

(c) Employees must have
one year of service at university and must have exhausted all sick leave,
vacation leave and compensatory time before they are eligible to apply for the
emergency sick leave donation program.

(d) Employees must have
an illness or injury that will require the employee to be absent from the
worksite for a period of time exceeding eighty consecutive scheduled work hours
and their absence will result in the loss of income due to the lack of accrued
sick leave, vacation leave and compensatory time. Elective surgery, normal
pregnancy and delivery, or parental leave does not qualify the employee to
participate in the emergency sick leave donation program.

(e) If an employee is
eligible, but unable to apply due to a physical or mental disease or
disability, a family member or other authorized representative may apply on
behalf of the employee.

(f) Payments under this
rule will terminate when the employee receives funds from any other benefit
source. If any payments from other sources are received for the same period of
time, the funds paid by the university must be refunded to the
university.

(g) The employee's
right to privacy regarding the nature of the qualifying illness or injury will
be maintained to the extent allowed by law.

(h) An employee is
limited to a lifetime maximum number of paid hours under the sick leave
donation program. The lifetime maximum is five hundred paid hours.

(i) If a legal holiday or
winter break leave occurs while the employee is receiving paid hours under the
emergency sick leave donation program the employee will not be eligible to
receive legal holiday leave compensation or winter break leave
compensation.

(2) Donations

(a) Employees who donate
must:

(i) Be in active pay status;

(ii) Have five years of service at the university and must
retain a minimum of four hundred eighty hours of paid sick leave for their own
use;

(iii) Do so voluntarily; and

(iv) Donate in increments of eight hours.

(b) The maximum donation
per employee per year is one hundred twenty hours.

(c) Donations will be
accumulated in a pool and will not be returned to the employee.

(d) The identity of the
donors will remain anonymous to the extent permitted by law.

(3) Accrual of sick and vacation leave hours during use of
sick leave donation pool hours.

Sick leave and vacation leave hours do not
accumulate while on an unpaid leave of absence or while receiving paid hours
from the emergency sick leave donation pool.

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