A. “Active pay status” means the conditions under which an employee is eligible to receive pay, and includes, but is not limited to, vacation leave, sick leave, bereavement leave, administrative leave and personal leave.

B. “No pay status” means the conditions under which an employee is ineligible to receive pay, and includes, but is not limited to, leave without pay, leave of absence and disability leave.

C. “Full-time employee” means an employee whose regular hours of duty total eighty (80) hours in a pay period in a state agency, and whose appointment is not for a limited period of time.

All employees shall accrue sick leave at the rate of 3.1 hours for each eighty (80) hours in active pay status, excluding overtime hours, not to exceed eighty (80) hours in one year. Employees that are on approved leave of absence or receiving Workers' Compensation benefits shall be credited with those sick leave hours which they normally would have accrued upon their approved return to work. Sick leave shall be granted to employees who are unable to work because of illness or injury of the employee or a member of his/her immediate family living in the employee's household or because of medical appointments or other ongoing treatment. The definition of “immediate family” for purposes of this Article shall be: spouse, significant other (“significant other” as used in this Agreement, is defined to mean one who stands in place of a spouse, and who resides with the employee), child, step-child, grandchild, parents, step-parents, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents, great-grandparents, brother, sister, step-siblings, brother-in-law, sister-in-law or legal guardian or other person who stands in the place of a parent. Sick leave may be granted to care for an employee's child or parent(s) regardless of whether or not the child or parent(s) is currently living in the same household, but in cases in which both spouses are employed by the State, only one employee may be granted sick leave to care for a child on the same day. A period of up to ten (10) working days of sick leave will be allowed for parenting during the postnatal period or following an adoption. The amount of sick leave charged against an employee's accrual shall be the amount used, charged in units of one tenth (1/10) hour. Employees shall be paid for sick leave, at the rates specified below for each usage period. A new usage period will begin with the paycheck that includes December 1st. A new usage period will begin each year of the Agreement.

* Any sick leave utilized in excess of eighty (80) hours in any usage period shall be paid at one hundred percent (100%). Any sick leave used during the 40.1 to 80 hours for time spent hospitalized overnight by the employee, employee’s spouse or child residing with the employee or for those hours of sick leave used before or after the hospital stay that are contiguous to the hospital stay, will be paid at 100%. In the event this paragraph is found to violate the FMLA or any other state or federal law or regulation or the implementation of such will adversely affect the provisions of this article, the parties agree that this paragraph will be null and void. Employees may elect to utilize sick leave to supplement an approved Disability Leave, Workers Compensation Claim or Childbirth Adoption Leave pursuant to Articles 43.10, and 45.08 (C). Sick leave used for these supplements shall be paid at a rate of 100% notwithstanding the schedule previously specified. After employees have used all of their accrued sick leave, they may, at the Employer’s discretion, use accrued vacation, compensatory time or personal days or may be granted leave without pay.

When an employee is sick and unable to report for work, he/she will notify his/her immediate supervisor or designee no later than one half (1/2) hour before starting time, unless circumstances preclude this notification. The Employer may request a statement, from a physician who has examined the employee or the member of the employee's immediate family, be submitted within a reasonable period of time. Such physician's statement must be signed by the physician or his/her designee. Failure to notify the Employer in accordance with the provisions of this paragraph shall result in the employee forfeiting any rights to pay for the time period which elapsed prior to notification unless unusual extenuating circumstances existed to prevent such notification.

If sick leave continues past the first day, the employee will notify his/her supervisor or designee of the anticipated duration of the absence. The employee is responsible for establishing a report-in schedule that is acceptable to the supervisor for the anticipated duration of the absence. If an acceptable schedule is not established the employee will notify his/her supervisor every day pursuant to agency reporting procedures. Failure to notify the Employer in accordance with the provisions of this paragraph shall result in the employee forfeiting any rights to pay for that day, and may subject the employee to disciplinary action.

It is the policy of the State of Ohio to not unreasonably deny sick leave to employees when requested. It is also the policy of the State to take corrective action for unauthorized use of sick leave and/or abuse of sick leave. It is further the policy of the State that when corrective and/or disciplinary action is taken, it will be applied progressively and consistently. It is the desire of the State of Ohio that when discipline is applied it will serve the purpose of correcting the performance of the employee.

The purpose of this policy is to establish a consistent method of authorizing employee sick leave, defining inappropriate use of sick leave and outlining the discipline and corrective action for inappropriate use. The policy provides for the equitable treatment of employees without being arbitrary and capricious, while allowing management the ability to exercise its administrative discretion fairly and consistently.

Absence granted per negotiated contract for medical reasons.

1. Failure to notify supervisor of medical absence;

2. Failure to complete standard sick leave form;

3. Failure to provide physician's verification when required;

4. Fraudulent physician verification.

Use of sick leave for that which it was not intended or provided.

Consistent periods of sick leave usage, for example:

1. Before, and/or after holidays;

2. Before, and/or after weekends or regular days off;

3. After pay days;

4. Any one specific day;

5. Absence following overtime worked;

6. Half days;

7. Continued pattern of maintaining zero or near zero leave balances;

8. Excessive absenteeism - use of more sick leave than granted.

At the Agency Head or designee's discretion, the employee may be required to provide a statement, from a physician, who has examined the employee or the member of the employee's immediate family, for all future illness. The physician's statement shall be signed by the physician or his/her designee. This requirement shall be in effect until such time as the employee has accrued a reasonable sick leave balance. However, if the Agency Head or designee finds mitigating or extenuating circumstances surrounding the employee's use of sick leave, then the physician's verification need not be required. Should the Agency Head or designee find it necessary to require the employee to provide the physician's verification for present or future illnesses, the order will be made in writing using the “Physician's Verification” form with a copy to the employee’s personnel file. Those employees who have been required to provide a physician's verification will be considered for approval only if the physician's verification is provided within three (3) days after returning to work.

When unauthorized use or abuse of sick leave is substantiated, the Agency Head or designee will effect corrective and progressive discipline, keeping in mind any extenuating or mitigating circumstances. When progressive discipline reaches the first suspension, under this policy, a corrective counseling session will be conducted with the employee. The Agency Head or designee will jointly explain the serious consequences of continued unauthorized use or abuse of sick leave. The Agency Head or designee shall be available and receptive to a request for an Employee Assistance Program in accordance with Article 16 (EAP). If the above does not produce the desired positive change in performance, the Agency Head or designee will proceed with progressive discipline up to and including termination.

If an employee abuses sick leave in a pattern, per examples noted in the section under definitions (not limited to those listed), the Agency Head or designee may reasonably suspect pattern abuse. If it is suspected, the Agency Head or designee will notify the employee in writing that pattern abuse is suspected. The Agency Head or designee will use the “Pattern Abuse” form for notification. The notice will also invite the employee to explain, rebut, or refute the pattern abuse claim. Use of sick leave for valid reasons shall not be considered for pattern abuse.

Employees will be offered the opportunity to convert to cash any part of their sick leave accrued and not used for the proceeding 12 month usage period. Payment will be made in the first paycheck in December is issued each year at the following rates:

An employee not exercising a choice will automatically have the hours carried forward. An employee with a minimum of five (5) years of state service who terminates state service or retires shall convert to cash any sick leave accrued at the employee's regular rate of pay earned at the time of separation, within three (3) years of separation, at the rate of fifty-five percent (55%) for retirement separation and fifty percent (50%) for all other separations. If an employee dies, the converted sick leave shall be credited to his/her estate. An employee who is granted military leave or leave without pay may be paid for accrued sick leave or may keep it in reserve for use upon return at his/her discretion. An employee who is re-employed or recalled from lay off and who received a lump sum payment for unused sick leave may have such days restored by returning the amount paid by the Employer for the number of days to be restored. Employees hired after July 1, 1986, who have previous service with political subdivisions of the State may use sick leave accrued with such prior employers but shall not be permitted to convert such sick leave to cash. An employee who transfers from one bargaining unit to another shall be credited with the unused balance of his/her sick leave balance up to the maximum sick leave accumulation permitted in the bargaining unit to which the employee transfers.

Employees receiving Workers’ Compensation who have health insurance shall continue to be eligible for health insurance at no cost to the employee not to exceed twenty-four (24) months. Further, pending the certification of a Workers’ Compensation award, the Employer shall continue group health insurance coverage at no cost to the employee, including the employee's share of such costs, for a period not to exceed twenty-four (24) months. The Employer has the right to recover such payments if the worker's compensation claim is determined to be non-compensable.

Employees may donate paid leave to a fellow employee who is otherwise eligible to accrue and use sick leave and is employed by the same Agency. The intent of the leave donation program is to allow employees to voluntarily provide assistance to their co-workers who are in critical need of leave due to the serious illness or injury of the employee or a member of the employee’s immediate family. The definition of immediate family as provided in rule 123:1-47-01 of the Administrative Code shall apply for the leave donation program.

A. An employee may receive donated leave, up to the number of hours the employee is scheduled to work each pay period, if the employee who is to receive donated leave:

1. Or a member of the employee’s immediate family, has a serious illness or injury;

2. Has no accrued leave or has not been approved to receive other state-paid benefits; and

3. Has applied for any paid leave, workers’ compensation, or benefits program for which the employee is eligible. Employees who have applied for these programs may use donated leave to satisfy the waiting period for such benefits where applicable, and donated leave may be used following a waiting period, if one exists, in an amount equal to the benefit provided by the program, i.e., fifty-six hours (56) per pay period may be utilized by an employee who has satisfied the disability waiting period and is pending approval. This is equal to the seventy percent (70%) provided by disability.

B. Employees may donate leave if the donating employee:

1. Voluntarily elects to donate leave and does so with the understanding that donated leave will not be returned;

2. Donates a minimum of eight hours; and

3. Retains a combined leave balance of at least eighty hours. Leave shall be donated in the same manner in which it would otherwise be used except that compensatory time is not eligible for donation.

C. The leave donation program shall be administered on a pay period by pay period basis. Employees using donated leave shall be considered in active pay status and shall accrue leave and be entitled to any benefits to which they would otherwise be entitled. Leave accrued by an employee while using donated leave shall be used, if necessary, in the following pay period before additional donated leave may be received. Donated leave shall not count toward the probationary period of an employee who receives donated leave during his or her probationary period. Donated leave shall be considered sick leave, but shall never be converted into a cash benefit.

D. Employees who wish to donate leave shall certify:

1. The name of the employee for whom the donated leave is intended;

2. The type of leave and number of hours to be donated;

3. That the employee will have a minimum combined leave balance of at least eighty hours; and

4. That the leave is donated voluntarily and the employee understands that the donated leave will not be returned.

E. Appointing authorities shall ensure that no employees are forced to donate leave. Appointing authorities shall respect an employee’s right to privacy, however, appointing authorities may, with the permission of the employee who is in need of leave or a member of the employee’s immediate family, inform employees of their co-worker’s critical need for leave. Appointing authorities shall not directly solicit leave donations from employees. The donation of leave shall occur on a strictly voluntary basis.

Newly accrued sick leave is not available for use until it appears on the employee’s earnings statement.