Ohio Adm.Code 123:1 | Ohio Administrative Code 123:1 — Department of Administrative Services | Division of Human Resources

Chapter 123:1-1 General Provisions

Ohio Adm.Code 123:1-1-02 Records of the director.

(A) Personnel records are maintained in the employee records center and are available for public inspection pursuant to section 149.43 of the Revised Code. Records not available for inspection include medical records, records pertaining to adoption, probation and parole proceedings, trial preparation records, confidential law enforcement investigatory records, and records the release of which is prohibited by state or federal law.

(B) No information shall be altered, modified, or removed from an employee's personnel record unless so ordered by a court of law, the state personnel board of review, or the director of administrative services.

Last updated September 14, 2023 at 9:07 AM

History

Effective: October 6, 2013
Promulgated Under: 119.03

Chapter 123:1-3 Position Audits and Changes to Classification Plan

Ohio Adm.Code 123:1-3-01 Position audits.

(A) General. The director of the department of administrative services may initiate and make continuing audits of the positions, offices, and employments subject to sections 124.14, 124.15, and 124.152 of the Revised Code. The director may initiate and make continuing audits of positions, offices, and employment in the classified service of the counties, where employees are paid under provisions other than section 124.15 or 124.152 of the Revised Code if the position to be audited is paid in whole or in part by the state, there is an appropriate contract between the department and the county appointing authority pursuant to division (H) of section 124.14 of the Revised Code, or as otherwise allowed by statute. Any employee or any appointing authority desiring to submit facts for the director's consideration will be afforded reasonable opportunity to do so. When the director finds that improper classifications of positions exist, the director may reallocate any position to the appropriate classification as necessary.

(B) Audits requested by employees. A classified employee of a state agency or of a county office covered by this rule and who is exempt from collective bargaining may request a review of the classification of their position. The request will be submitted electronically through completion of an employee job audit request form provided by the director

(1) Upon receipt of the request, the director will forward the job audit questionnaire packet to the employee for completion and, at the same time, notify the appointing authority of the request. The notice will include a request to the appointing authority to submit the current position description, table of organization, and any comments concerning the duties of the position within fifty days of receipt of the request.

(2) The employee will complete part I of the job audit questionnaire packet and forward it to their immediate supervisor within thirty days of receipt. The supervisor will review the completed part I, complete part II, and return the job audit questionnaire packet to the employee within five days of receipt of the completed part I from the employee. The employee will complete part III and return the job audit questionnaire packet to the director within ten days of receipt of the completed part II from the supervisor.

(C) Audits requested by appointing authorities. An appointing authority may request the director to review any encumbered classified position that is exempt from collective bargaining within the appointing authority's agency for the purpose of determining whether the position is properly classified. The request will be submitted electronically through completion of an agency job audit request form provided by the director.

(D) Audit findings. The information and statements submitted will be compared to the existing classification specifications. If the duties being performed are not consistent with the existing classification, the classification that most appropriately describes the duties performed will be assigned to the position.

The duties being performed must satisfy the class concept or function statement at least twenty percent of the time unless another percentage has been stated in the class concept or function statement. Other factors, including the table of organization of an agency, may be used to determine the classification of a position and to distinguish among classifications.

(E) On-site audits. Employee and agency audit requests will generally be processed by the director without an on-site audit unless the director determines that there is a substantial conflict in the documentation submitted. The director may resolve the conflict by requiring additional documentation or clarification. If the conflict is not resolved, an on-site audit may be conducted. An on-site audit may be conducted in person or by video conference. At the time of an on-site audit, the employee, the employee's immediate supervisor, and other persons deemed necessary by the director will be interviewed. It is the appointing authority's responsibility to ensure that the requested parties are available for an on-site audit. If any party refuses to attend on-site audit interviews, the director will render a decision based on the information and documentation submitted.

(F) Examination of current duties. Position audits will examine the duties currently performed. The audit report reflects duties at the time of the audit and any change in duties if such has occurred since the date of the audit request. Duties performed while assigned in a temporary work level will not be considered for the purposes of a position audit.

(G) Cancellation of audit requests. Requests for audits will be deemed cancelled if:

(1) The party requesting the audit submits a written withdrawal of the request to the director. Audit requests may be withdrawn any time before the implementation of the audit findings pursuant to paragraph (H) of this rule;

(2) The employee requesting an audit fails to timely forward the job audit questionnaire to the supervisor;

(3) The employee requesting an audit fails to timely return the job audit questionnaire or submit other requested information and documents to the director;

(4) The appointing authority requesting an audit fails to timely return the job audit questionnaire or submit other requested information and documents to the director; or

(5) A request made by an appointing authority is scheduled for an on-site audit and all the parties fail to appear or the appointing authority that requested the audit fails to schedule the interviews on two occasions, unless the appointing authority shows good reason why all parties were not available.

(H) Notification of audit findings. A position audit will be deemed completed when the director sends written notification of the results to the employee and the employee's appointing authority. If the results of the audit indicate that the position would be properly allocated to a classification with a lower pay range assignment than the classification currently assigned, the written notification will include that the position will be reclassified pursuant to section 124.14 of the Revised Code.

(I) Effective date. Whenever a position is reclassified by the director, the effective date of such change will be the first day of the pay period following the director's receipt of the audit request. If the results of a position audit are amended, a corrective notice for a reclassification of a position will be made and the effective date remains the first day of the pay period following the director's receipt of the audit request.

(J) Submission of documents to implement classification change. The appointing authority will submit to the director the documents necessary to implement a classification change within thirty days after the notification of the audit findings, unless the employee or the appointing authority timely files a request for a hearing with the state personnel board of review as set forth in division (D)(2) of section 124.14 of the Revised Code.

(K) Appeal. The decision rendered by the director on positions in the classified service may be appealed to the state personnel board of review by the appointing authority or the employee. The appeal to the board will be made according to the rules of the state personnel board of review.

(L) When position audits will not be performed. Position audits will not be performed under the following circumstances:

(1) Where the position is vacant;

(2) Where the incumbent is assigned in a temporary work level, on a leave of absence, serving a probationary period, or is receiving disability leave benefits; or

(3) Where the position is classified in a classification that is designated for calculation of retention points for purposes of a layoff, displacement, or position abolishment under the provisions of Chapter 123:1-41 of the Administrative Code. If a position audit is pending, it will be suspended as of the date the lists of classifications are submitted to the director for verification of retention points.

(M) Positions to be audited no more than once a year. Requests for audits of a position, from either an employee or the appointing authority cannot be submitted more often than once a year. An employee may request only one audit of their position per year unless the employee provides, at the time of the request, documentation showing that the duties of the position have substantially changed since the date of the completion of the previous audit. The "one-year period" will be defined as one calendar year from the date of the original request for the most recent position audit.

(N) Probationary period. An employee who has received a classification change pursuant to a position audit will not serve a new probationary period. The employee will continue to be a permanent employee in the classified service.

Last updated April 10, 2026 at 7:46 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Chapter 123:1-5 Classified and Unclassified Service Classification

Ohio Adm.Code 123:1-5-01 Unclassified service.

(A) Designation of exemptions. Within sixty days after taking office, each elective officer and each principal appointive officer, board, commission, or body having the power of appointment to, or removal from, positions in the service of the state in any office, department, commission, board, or institution, will designate to the director the positions for which exemption from the competitive classified service is claimed under the provisions of division (A)(8) of section 124.11 of the Revised Code.

Thereafter, no change in the designation of exemptions claimed under this provision will be made during the incumbency of such officer, board, commission, or body unless a reorganization occurs as a result of legislative action during the appointing officer's, board's, commission's, or body's term of office, or the duties of the position have changed to an extent that warrants a change in the classification of the position. When a change in duties warrants a change in classification under this rule, only the classification of the position can be changed, otherwise the actual position's unclassified status will remain the same. The appointive officer, board, commission, or body will file a statement of reasons for such proposed change with the director and receive confirmation from the director that the change is acceptable prior to the change becoming effective.

If exemptions have not been designated by the appointing officer, board, commission, or body as herein provided within sixty days after taking office, the exemptions previously designated and in effect under this provision are considered the exemptions claimed by such appointing authority and will continue to be in effect.

(B) Deputies and assistants. Notices from appointing authorities of the appointment of deputies and assistants, as defined in this paragraph, in the service of the state who are exempt from the classified service under the provisions of division (A)(9) of section 124.11 of the Revised Code will be accompanied by a statement of the provisions of the law under which such deputies and assistants are appointed and a statement of the duties to be assigned to such appointees that shows they are acting for or on behalf of the agency and/or that they are performing duties that demonstrate an administrative and/or fiduciary relation with their agency, as defined in rule 124-1-02 of the Administrative Code.

(1) Assistant - is an employee who aids and assists an appointing authority in the discharge and performance of duties that are of a confidential and fiduciary character and that involve the responsibility of the principal, or an employee who holds a fiduciary or administrative relationship to the agency.

(2) Deputy - is an employee authorized by law to act generally for or in place of the employee's principal and holding a fiduciary relationship to such principal, or an employee holding a fiduciary or administrative relationship to the agency.

(C) Requests for exemption from the classified service under division (A)(12) of section 124.11 of the Revised Code for positions in the service of the state will be accompanied by a written statement from the appointing authority setting forth the reasons why it is impracticable to include such employees or positions in the competitive classified service.

Last updated April 10, 2026 at 7:46 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 124-1-02

(A) The definitions set forth in section 124.01 of Revised Code are incorporated in these rules by reference.

(B) "Abolishment" means the permanent deletion of a position from the organization or structure of an appointing authority due to lack of continued need for the position, due to reorganization for efficient operation, economy, or lack of work.

(C) "Administrative relationship" generally means a relationship where an employee has substantial authority to initiate discretionary action and/or in which the appointing authority must rely on the employee's personal judgment and leadership abilities. The average employee would not possess such qualities or be delegated such discretionary authority. Whether one position occupies an administrative relationship to another is a question of fact to be determined by the board.

(D) "Agency" means any unit of government, including a board or commission, headed by an officer or group having the power to appoint employees.

(E) "Appointment" means placement of an employee in a position.

(F) "Board" or "state personnel board of review" means either the members of the state personnel board of review or its agents.

(G) "Classification" means any of the following:

(1) A group of positions of sufficiently similar duties that the same title and specification may be assigned to each.

(2) The title assigned to a position or the employee appointed to fill a position.

(3) The act of assigning a classification title to a position based upon the duties performed in that position.

(H) "Displacement" means for the purposes of layoffs and job abolishments the process by which an employee with more retention points exercises his or her right to take the position of another employee with fewer retention points pursuant to the provisions of Chapter 123:1-41 of the Administrative Code.

(I) "Fiduciary relationship" generally means a relationship where the appointing authority reposes a special confidence and trust in the integrity and fidelity of an employee to perform duties which could not be delegated to the average employee with knowledge of the proper procedures. These qualifications are over and above the technical competency requirements to perform the duties of the position. Whether one position occupies a fiduciary relationship to another is a question of fact to be determined by the board.

(J) "Filed" means received in writing and time stamped in the offices of the board or received by electronic transmission of information to the designated email address of the board or the board's fax equipment.

(K) "Layoff" means a suspension of employment, expected to last less than twelve months, due to either a lack of work or a lack of funds.

(L) "Non-competitive examination" means any written device by which a prospective employee's qualifications to hold a position may be determined (e.g., an application form).

(M) "Notice" means the date of receipt by the employee, in writing, of the action. If the employee did not receive a written notification, then "notice" means the date of the actual implementation of the action.

(N) "Order of involuntary disability separation" means an order issued by an appointing authority involuntarily separating an employee from employment in his or her position when the appointing authority has determined that said employee is unable to perform the essential job duties of his or her position due to a disabling illness, injury or condition.

(O) "Parenthetical subtitle" means a group of positions logically falling within a general classification but distinguished from other positions within that classification by the performance of specific duties requiring specialized skill, knowledge or training.

(P) "Party" means an individual or agency who participates in and is directly affected by an action brought before the state personnel board of review. As used in these rules, "party" is not limited to the definition in Chapter 119. of the Revised Code.

(Q) "Pay" means the annual, non-overtime compensation due an employee including, when applicable, the cost of the appointing authority's insurance or other contributions, longevity pay, supplemental pay and hazard pay.

(R) "Pay range" means the salary schedule and level assigned to a position.

(S) "Position" means a group of duties intended to be performed by an employee.

(T) "Position description" means a written summary of the duties which comprise a position.

(U) "Progressive discipline" generally means the act of disciplining an employee in graduated increments and progressing through a logical sequence, such as a written reprimand for a first offense, a short suspension for the second offense, and a longer suspension or removal for the third offense. The severity of the offense may negate the use of progressive discipline.

(V) "Promotion" means the appointment of an employee to a different position assigned a higher pay range than the employee's previous position.

(W) "Reassignment" means the assignment of an employee to a different classification.

(X) "Reclassification" means the assignment of a different classification to a position.

(Y) "Reduction in pay" means an action which diminishes an employee's pay. When the conditions entitling an employee to supplemental pay end, the ending of supplemental pay shall not be considered a reduction, nor shall a change in the cost of an appointing authority's insurance or other contributions be considered a reduction.

(Z) "Reduction in position" means an action which diminishes an employee's duties or responsibilities to the extent an audit of the employee's position would result in a reclassification to a classification assigned a lower pay range.

(AA) "Removal" means the termination of an employee's employment.

(BB) "Representative" means any person who is admitted to the practice of law in Ohio or who has received prior approval from the board to represent a party.

(CC) "Section 124.34 order" means an order required by section 124.34 of the Revised Code.

(DD) "Specification" means a synopsis of the duties and qualifications of an employee assigned to a classification.

(EE) "Suspension" means the interruption of an employee's employment and compensation for a fixed period of time.

(FF) "Transfer" means the movement of an employee between different offices or positions as set forth in sections 124.32 and 124.33 of the Revised Code. A change in job location within the same classification, the same appointing authority and the same county is not appealable.

Last updated December 5, 2023 at 11:00 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 123:1-5-02 Unskilled labor class.

(A) The unskilled labor class, referred to in division (B)(2) of section 124.11 of the Revised Code, will include any classifications that have minimal or no experience or education requirements and that are designated as such by the director.

(1) Registration for these classifications in the service of the state will be conducted by the director.

(2) An applicant for such registration will furnish evidence or take such tests as the director considers appropriate with respect to the applicant's age, residence, physical condition, ability to labor, honesty, sobriety, industry, capacity, and experience in the work or employment for which application is made.

(3) Laborers who fulfill the requirements shall be placed on the eligible list for the kind of labor or employment sought, and preference will be given in employment in accordance with the rating received from that evidence or in those tests.

(4) Certified appointments to positions in the unskilled labor class will be from lists of applicants registered by the director.

(5) For purposes of this rule, "register" means the process by which all applicants deemed acceptable as meeting the minimum qualifications for a job classification in the unskilled labor class, and/or deemed acceptable as determined by the director will be placed on an eligible list, ranked chronologically by the date and time the application was received. All eligible applicants will be given the minimum score of seventy points, prior to application of credit for military service as provided in section 124.26 of the Revised Code.

(B) Resident unskilled labor positions. Those unskilled labor positions, referred to in division (A)(12) of section 124.11 of the Revised Code, include positions that are filled by residents in the state service institutions. These residents, being employed for pay for part-time or limited service, will be excluded from the classified civil service and will be exempt from all civil service examinations. Compensation rates for these positions will be approved by the director of administrative services.

(C) Subsidized employment positions. Those unskilled labor positions within a subsidized employment program, established pursuant to Chapter 5107. of the Revised Code, will be excluded from the classified civil service and will be exempt from all civil service examinations.

Last updated April 10, 2026 at 7:42 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-5-03 Retaining rights to the classified service upon appointment to the unclassified service.

A certified or permanent employee appointed to an unclassified position pursuant to division (D) of section 124.11 of the Revised Code on or after March 30, 1999, are subject to the following:

(A) Upon return to the classified service, an employee will be placed back into the same classification from which the initial appointment to the unclassified service was made, or similar classification as provided in division (D) of section 124.11 of the Revised Code. The employee's total rate of pay will be adjusted to reflect the compensation to which the employee would be entitled had he or she remained in the former classified position.

(B) An employee appointed to the unclassified service while serving a probationary period will serve the remainder of the probationary period of the same or similar classification upon return to the classified service.

(C) Time spent in the unclassified service does not count for the purposes of becoming permanent in the classified service.

Last updated April 10, 2026 at 7:42 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Chapter 123:1-7 Classification

Ohio Adm.Code 123:1-7-04 Specifications.

An appointing authority's position-specific minimum qualifications will be rationally related to the performance of the essential functions of the classification and validated based on the results of a thorough job analysis. The appointing authority will also create a valid proficiency instrument to objectively measure whether individuals meet the position-specific minimum qualifications. Job analysis procedures and position-specific minimum qualifications are to be approved by the director, prior to implementation. Approved position-specific minimum qualifications for positions that are exempted from collective bargaining or are not otherwise precluded from review pursuant to division (A) of section 4117.10 of the Revised Code, will also be filed with the state personnel board of review, prior to implementation.

Last updated April 10, 2026 at 7:42 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-7-15 State classifications.

Each classification for any position with the state of Ohio will have a corresponding classification specification that sets forth the class concept and minimum qualifications. The class concept will set forth the mandatory duties that are satisfied at least twenty per cent of the time, unless otherwise stated in the class concept.

The minimum qualifications for any position with the state of Ohio need to be satisfied when an applicant is to be hired and also when an employee moves into a different position, whether it is a result of a demotion, lateral classification change, promotion, or reassignment.

The director may assign managerial and supervisory positions within state agencies, boards, and commissions paid by warrant of the director of budget and management into the appropriate classification in the state exempt classification plan.

For the purpose of classifying positions and making job audit decisions only, wherever the word "supervises" appears in a classification specification for any class title, it means that an employee assigns and reviews work, completes employee performance evaluation forms, recommends or authorizes leave, and recommends or initiates disciplinary action for at least two full-time permanent civil service employees or the equivalent.

If new or revised minimum qualifications are enacted as a result of a change in an applicable state or federal statute, the legislated minimum qualifications will supersede those listed in the classification specification on file with the secretary of state, until such time the classification specification can be revised to agree with the change in statute.

Last updated January 17, 2024 at 8:43 AM

History

Effective: January 15, 2024
Promulgated Under: 119.03

Ohio Adm.Code 123:1-7-16 Holding classifications for state exempt positions.

(A) The director of the department of administrative services may assign exempt positions within state agencies, boards, and commissions paid by warrant of the director of budget and management into the appropriate classification in the holding division of the classification plan. Allocations of positions to classifications within this division represent those positions that are currently overclassified.

(B) As the positions allocated to the classifications in this division become vacant, due to promotion, demotion, reassignment, separation, displacement, including layoff, or any other reason, the positions willbe deleted, unless subordinate positions within the same holding class series are still encumbered.

(C) In the event of layoff or job abolishment, an employee reassigned into a holding classification has the right to displace in accordance with the provisions of sections 124.321 to 124.328 of the Revised Code and Chapter 123:1-41 of the Administrative Code into the classification series from which they were originally reassigned, provided the former classification has an equivalent or lower pay range. An employee who is in a holding classification at the time of layoff or job abolishment, and who cannot displace a position in their former classification because that former classification no longer exists, may displace another position that is in a classification deemed by the department of administrative services to have replaced the former classification, provided that the position to be displaced is in a pay range thatis equal to or lower than the pay range of the position in the holding classification. An employee who displaces another employee under this section must possess the minimum qualifications and, if applicable, any position specific minimum qualifications for the position to be displaced.

(D) An employee who is in a holding classification at the time of layoff or job abolishment may displace another employee in a holding classification, provided that the employee to be displaced has fewer retention points than the displacing employee, and provided that the employee to be displaced is in a position assigned to a holding classification having the same class number and same classification title as the displacing employee.

(E) Anemployee in a position that is not in a holding classification at the time of layoff or job abolishment may displace an employee in a holding classification, provided that the displacing employee meets the minimum qualifications for the position, the position to be displaced is in a pay range equivalent to or lower than the pay range of the displacing employee, the position to be displaced is in the same classification grouping held by the displacing employee prior to the 1989-1990 classification modernization study, and the employee to be displaced has fewer retention points than the displacing employee.

(F) Once all positions of a given classification become vacant, the classification will be deleted from this rule. No new positions or future reclassifications of positions may be allocated to a classification within this division. The classifications assigned to this division of the classification plan appear herein:

PAY -RANGE	CLASSIFICATION NUMBER	DESCRIPTION
	30000	EXEMPT HOLDING DIVISION
07	30607	Holding Class For Exempt Pay Range Seven
08	30608	Holding Class For Exempt Pay Range Eight
09	30609	Holding Class For Exempt Pay Range Nine
10	30610	Holding Class For Exempt Pay Range Ten
12	30612	Holding Class For Exempt Pay Range Twelve
13	30613	Holding Class For Exempt Pay Range Thirteen
14	30614	Holding Class For Exempt Pay Range Fourteen
15	30615	Holding Class For Exempt Pay Range Fifteen
16	30616	Holding Class For Exempt Pay Range Sixteen
17	30617	Holding Class For Exempt Pay Range Seventeen
18	30618	Holding Class For Exempt Pay Range Eighteen
19	30619	Holding Class For Exempt Pay Range Nineteen

Last updated April 10, 2026 at 7:42 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-7-22 Reassignments resulting in placing an employee in step X.

(A) An employee may be placed in step X pursuant to section 124.14 of the Revised Code only as a result of any of the following:

(1) A position audit conducted in accordance with rule 123:1-3-01 of the Administrative Code;

(2) A class plan change;

(3) A classification assigned by the state personnel board of review or an arbitrator's decision; or

(4) At the approval of the director.

(B) An employee who is assigned into a lower classification will be placed in the step within the new pay range that provides the employee with compensation that is equal to his or her current rate or that provides the least amount of increase, but no decrease, in pay. Appointing authorities will consider all applicable pay supplements to ensure that an employee reassigned pursuant to this rule does not receive a decrease in pay.

Last updated April 10, 2026 at 7:42 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-3-01

(G) Cancellation of audit requests. Requests for audits will be deemed cancelled if:

(2) The employee requesting an audit fails to timely forward the job audit questionnaire to the supervisor;

(3) The employee requesting an audit fails to timely return the job audit questionnaire or submit other requested information and documents to the director;

(4) The appointing authority requesting an audit fails to timely return the job audit questionnaire or submit other requested information and documents to the director; or

(L) When position audits will not be performed. Position audits will not be performed under the following circumstances:

(1) Where the position is vacant;

(2) Where the incumbent is assigned in a temporary work level, on a leave of absence, serving a probationary period, or is receiving disability leave benefits; or

Last updated April 10, 2026 at 7:46 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Chapter 123:1-9 Examinations

Ohio Adm.Code 123:1-9-01 Examination guidelines.

(A) Admitting applicants to examinations. The applicant will be notified of the arrival time to sit for the examination. The qualifications listed in the job posting will be followed in determining admittance to competitive or non-competitive examinations.

(B) Extension of time in examinations. No applicant in any examination will be given a longer time on any subject than prescribed by the director of administrative services or designee. The director or designee may establish separate time limits for the individual accommodation of applicants with disabilities.

(C) Visitors at examinations. No visitor will be admitted to the examination room during any examination except by special permission of the examiner in charge.

(D) Changing of grades. No grades given in any examination will be changed after the posting of an eligible list, provided that the director or designee may correct errors of examiners or employees at any time before the cancellation of such lists.

(E) Postponement or cancellation of examinations. Examinations, unless canceled or postponed, will be held upon dates fixed by the director or designee. A scheduled examination may be canceled or postponed by order of the director or designee, for adequate reason. Reasonable efforts will be made to notify each approved applicant of cancellation or postponement.

(F) Credit for military service. Applicants who are residents of Ohio and otherwise eligible and who receive a passing grade in any examination for original appointment will be granted additional credit of twenty per cent of such grade, thereby receiving a final grade of twenty per cent higher in recognition of military service. To be eligible for this credit, applicants will provide proper proof of military service, as defined in section 124.23 of the Revised Code to the director or designee prior to participation in the examination.

(G) Credit for reserve component status. A member in good standing of a reserve component of the armed forces of the United States, including the Ohio national guard, who successfully completes the member's initial entry-level training will receive a credit of fifteen per cent of the person's total grade given in the examination in which the person receives a passing grade. The applicant will submit proof that the applicant successfully completed entry-level training. An applicant who receives credit under paragraph (F) of this rule is not eligible to receive an additional credit as a member in good standing of a reserve component.

(H) Repeating examinations. An applicant who has competed in a civil service examination cannot repeat that examination or take an examination for the same classification within four months from the date of original examination, unless an alternative form of examination is given, or unless other standards are specified in the examination announcement.

Last updated August 5, 2024 at 7:32 AM

History

Effective: August 5, 2024
Promulgated Under: 119.03

Ohio Adm.Code 123:1-9-02 Subjects, weights, and pass point.

The director of administrative services or designee will prescribe the subjects of each examination and the relative weights to be attached thereto, provided that any such determination will be adopted prior to the date of publication of the examination announcement. Reasonable accommodations may be made for the testing of applicants with disabilities in accordance with any applicable state and/or federal law and state policy.

The director or designee will determine a passing point for each examination based on factors such as, but not limited to, the difficulty of that examination, number of applicants, and other relevant data. When a passing point is determined, it will be made a matter of permanent record. The director or designee will establish a qualifying grade for any or all parts of an examination, provided notice of such qualifying grade is given in the general instructions accompanying the examination. The director or designee will prescribe that all examinations will be in compliance with federal selection guidelines and professional standards.

Last updated August 5, 2024 at 7:32 AM

History

Effective: August 5, 2024
Promulgated Under: 119.03

Ohio Adm.Code 123:1-9-03 Medical or psychological examination as a requirement for appointment to the classified service.

(A) Medical examination defined. For purposes of this rule, a "medical examination" is an evaluation by a licensed practitioner of an applicant's physiological or psychological condition as it relates to employment in the classification being considered.

(B) Licensed practitioner defined. For purposes of this rule, a "licensed practitioner" is a physician, psychiatrist, psychologist, or other appropriately licensed health professional such as a licensed professional clinical counselor or a licensed independent social worker who is licensed to perform the appropriate examination.

(C) Examinations for an entire classification. When the director of administrative services determines that medical or psychological qualifications are of special importance to a classification, candidates for that classification will have to pass a medical or psychological examination and be certified as qualified in such respect.

(1) Notice. The need for a medical or psychological examination will be published in the examination or vacancy announcement.

(2) Certificate. The applicant will furnish a certificate from a licensed practitioner who has personal knowledge, from either medical treatment or examination, as to the medical or psychological condition of the applicant as it relates to performance in the classification.

(D) Examinations established by appointing authority. When an appointing authority, with the approval of the director, determines that medical or psychological qualifications, not otherwise necessary for the classification, are of special importance for positions in classifications used by an appointing authority, applicants certified for appointment to or being considered for employment by the appointing authority will need to pass a medical or psychological examination. Such examination will be given by a licensed practitioner to be designated by the appointing authority. The cost of the examination will be paid by the appointing authority.

(E) Justification. Requirements for medical or psychological examinations will be justified with appropriate documentation. Each appointing authority is responsible for providing such justification to the director or designee.

(F) Use of examination results. Results of a medical or psychological examination will be supplied to the appointing authority and may be considered only after a conditional job offer is made to the individual. The examination results will be the last factor evaluated by the appointing authority before reaching a final decision to make an offer of employment. The use of medical or psychological examination results will be in accordance with any applicable state and/or federal law and state policy.

(G) Disclosure to employee. Disclosure of any reports prepared by the examining practitioner is subject to section 1347.08 of the Revised Code.

Last updated August 5, 2024 at 7:32 AM

History

Effective: August 5, 2024
Promulgated Under: 119.03

Chapter 123:1-11 Applications for Examination

Ohio Adm.Code 123:1-11-04 Character and fitness of applicant.

(A) Satisfactory information produced at any time to the director or designee, either before or after examination, of any of the following, is sufficient to exclude the applicant from examination or to remove the applicant's name from any eligible list:

(1) The applicant committed acts that demonstrate character traits that would be detrimental to successful performance of the employment sought;

(2) The applicant was previously dismissed for good cause from public service with any federal, state, or local public entity;

(3) The applicant has a conviction of a job related felony; or

(4) The applicant has an established pattern of poor work habits and performance with previous employers.

(B) If an agency's appointing authority determines to exclude or remove the applicant from any eligible list, the appointing authority will comply with applicable requirements of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.

Last updated April 10, 2026 at 7:43 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-11-08 Applications.

(A) The completed application, which may consist of a civil service application, resume, responses to supplemental questions, or other documents specified in the job posting, will be the sole criteria in determining an applicant's eligibility for any examination. Information showing that an applicant meets all of the minimum qualifications as stated on a job posting will appear on the completed application.

(B) Failure of an applicant to indicate the qualifications as to experience or any other requirements described in the job posting will be considered sufficient cause to exclude an applicant from the examination. An applicant may correct an incomplete application as long as any necessary corrections are made prior to the posting deadline.

Last updated April 10, 2026 at 7:43 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Chapter 123:1-15 Eligibility Lists

Ohio Adm.Code 123:1-15-01 Eligible lists.

(A) Eligible lists

(1) The director or designee may consolidate two or more eligible lists of the same classification by ranking eligible persons named therein, according to their scores.

(2) At the discretion of the director or designee, persons qualifying on an examination for a given classification may be placed on eligible lists for one or more lower classifications in the same class series. The adoption of such additional placement will be extended to all eligible persons on the list.

(3) Whenever in the judgment of the director or designee action is deemed advisable on account of errors or fraud in connection with any examination, a re-examination of applicants will be ordered and the eligible list will be amended in accordance with results of such re-examination. After an eligible list is prepared and posted it will not be revoked except upon written notice of errors or fraud to all the eligibles. An appointment made from an eligible list is considered valid even if fraud or error is discovered after the appointment has been made, provided the person appointed was not involved in such fraud or error.

(B) Absence of eligible list

(1) Upon receipt of requisition for certification to a position for which no appropriate eligible list is available, the director of administrative services will notify the appointing authority that an appointment may be made to fill such position, provided the appointment is made within sixty days of the appointing authority receiving such approval from the director of administrative services.

(2) Selection of persons to be appointed in the absence of a complete eligible list is made by an appointing authority, subject to the approval of the director of administrative services. Such approval is based on an examination of the qualifications of the proposed appointee to determine that qualifications for the position are met. Appointments will be subject to the probationary period required by Chapter 123:1-19 of the Administrative Code.

Last updated August 17, 2026 at 8:00 AM

History

Effective: August 17, 2026
Promulgated Under: 119.03

Chapter 123:1-17 Vacancies and Appointments

Ohio Adm.Code 123:1-17-01 Classified selections.

(A) Whenever a vacancy in the classified service, which has a certification eligible list in effect is to be filled otherwise than by promotion, transfer, reinstatement, or reduction, the appointing authority will make request for certification of the director of administrative services, by identifying the position to be filled and stating the class title, location, and number of positions to be filled, and also whether the position is to be filled on a full- or part-time basis.

(B) A certification eligible list is a list of individuals available for employment from an eligible list, a jurisdictional layoff list, or an agency layoff list.

(C) An appointing authority will notify the director that a position in the classified service of the state is to be filled by posting electronic notice of the vacancy on the director's internet site or any other means approved by the director.

(D) The director may, with sufficient justification from the appointing authority, allow the appointing authority to fill a classified position without a civil service examination. The appointing authority will submit a request to the director with a statement documenting the justification for filling the classified position without a civil service examination. Sufficient justification to fill classified positions without a civil service examination may include the following:

(1) Positions that require professional licenses, and/or certifications, and/or highly technical skills, and/or high educational standards; or

(2) Selections subject to collective bargaining agreements; or

(3) Vacancies filled by promotion, transfer, reinstatement, or reduction; or

(4) Feasibility; or

(5) Cost; or

(6) Any other reason approved by the director.

Last updated April 10, 2026 at 7:43 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-17-02 Eligible list.

(A) Upon the completion of a civil service examination, the director of the agency that administered the civil service examination or that director's designee shall create an eligible list to fill a vacancy. From that eligible list, the director or designee of the agency with the vacancy shall appoint an individual who ranks in the top ten names on the eligible list or the top twenty-five per cent of the eligible list, whichever is greater. In the event that ten or fewer names are on the eligible list, the director of the agency or that director's designee may select any of the listed candidates.

(B) An eligible list expires upon the filling or closing of the position. An expired eligible list may be used to fill a position of the same classification within the same agency for which the list was created. But, in no event shall an expired list be used more than one year past its expiration date.

The director of the agency that created the eligible list or that director's designee, may consolidate two or more eligible lists of the same classification by ranking the eligible candidates named therein, according to their scores.

Last updated September 14, 2023 at 9:23 AM

History

Effective: December 4, 2016
Promulgated Under: 119.03

Ohio Adm.Code 123:1-17-16 Appropriateness of duties.

No person shall be appointed or employed under any title not appropriate to the duties to be performed, and no person shall be assigned to perform duties other than those properly belonging to the position to which he has been legally appointed, except as may be required because of temporary characteristics of the work situation. The assignment of duties is the responsibility of the appointing authority. It is also his responsibility to see that accurate descriptions of the duties performed are reported to the Director so that proper classification of the positions may be maintained. No employee shall be appointed or assigned to any classification title or level which is either higher or lower than that classification to which the position is assigned except as provided in Section 124.181 (J) of the Revised Code and 123:1-37-07 of these rules.

Last updated September 16, 2025 at 12:04 PM

History

Effective: January 9, 1976
Promulgated Under: 119.03

Chapter 123:1-19 Probation

Ohio Adm.Code 123:1-19-02 Length of probation in state service.

(A) The initial probationary period for all classified employees in the state agencies, boards, and commissions is three hundred sixty-five calendar days for all positions assigned to a pay range in schedule E-1 of division (B) of section 124.152 of the Revised Code.

(B) The promotional probationary period for all classified employees in the state agencies, boards, and commissions is one hundred eighty calendar days for all positions assigned to a pay range in schedule E-1 of division (B) of section 124.152 of the Revised Code.

(1) Longer probationary periods for promotions, not in excess of three hundred sixty-five calendar days, may be authorized by the director for specific job classifications, upon request of the appointing authorities concerned, and upon the submission of proper documentation as required by the director.

(2) An appointing authority may, with the consent of the employee and approval of the director, extend an employee's promotional probationary period for up to sixty calendar days to allow additional time to review the employee's performance. A second extension, not to exceed sixty calendar days, may be requested by the appointing authority with the consent of the employee and the approval of the director to allow additional time to review the employee's performance. Any probationary period extension will only be granted if an employee consents to the extension prior to the end of the employee's normal probationary period or the end of the first extension, as applicable. In no event will the time period covered by the probationary period and any extensions exceed a total of three hundred sixty-five calendar days in length.

(C) Time spent in no-pay status is not counted as part of the probationary period. Probationary periods will be extended by an equal number of calendar days the employee spent in no-pay status.

(D) For purposes of step increases pursuant to section 124.15 of the Revised Code for classified and unclassified employees paid in accordance with schedule E-1 of division (B) of section 124.152 of the Revised Code only, "probationary period" means the completion of one hundred eighty calendar days.

(E) Part-time employees who work a portion of each normal working day will have their probationary period determined by the number of calendar days following appointment in the same manner as a full-time employee. Part-time employees who work less than a normal number of working days per week will have their probationary period determined on the basis of time actually worked as described:

(1) One thousand hours are equivalent to a one hundred eighty day probationary period.

(2) Two thousand hours are equivalent to a three hundred sixty-five day probationary period.

Last updated August 17, 2026 at 8:01 AM

History

Effective: August 17, 2026
Promulgated Under: 119.03

Chapter 123:1-23 Promotions

Ohio Adm.Code 123:1-23-01 Eligibility and selection for promotions.

(A) The appointing authority may make a promotion in the classified civil service on the basis of merit, conduct, and/or capacity in office.

(1) Merit. Merit may be determined by administering a civil service examination. When an appointing authority conducts a civil service examination, the procedure defined in Chapters 123:1-15 and 123:1-17 of the Administrative Code shall be applicable.

(2) Conduct and capacity in office. The appointing authority may also take into consideration documents that reflect conduct and capacity in office, including, but not limited to, performance evaluations and active disciplinary record.

(B) No person will be eligible for promotion who:

(1) Has not satisfactorily completed the required probationary period set forth in Chapter 123:1-19 of the Administrative Code;

(2) Lacks the minimum qualifications prescribed in the specifications for the class involved, unless evidence is presented either that persons fully meeting the qualifications are not available or that the person possesses other special qualifications that would make it desirable that the person be considered for promotion; or

(3) Has received unsatisfactory ratings on two of the last three performance evaluations.

Last updated April 10, 2026 at 7:47 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-23-03 Inter-agency and intra-agency promotion; probationary period; removal or demotion.

(A) Definitions. For purposes of this rule:

(1) "Inter-agency promotion" means the act of promoting an employee from one agency to another agency with a different appointing authority.

(2) "Intra-agency promotion" means the act of promoting an employee from one position to another within the same agency or appointing authority. If an employee takes a civil service examination for a classification having a higher base pay range than the employee holds at the time of the examination and is appointed from the resulting eligible list to a position in the same agency, this action will be considered a promotion.

(B) Probationary period. All promotions will be for a probationary period established in Chapter 123:1-19 of the Administrative Code.

(C) Inter-agency promotion. If an employee accepts an inter-agency promotion and is found to be unsatisfactory in the advanced position, the receiving agency may remove the employee or may demote the employee to a position within the receiving agency that is the same or similar to the position the employee held at the releasing agency prior to promotion. The employee has no right to resume a position with the releasing agency.

(D) Intra-agency promotion. If an employee accepts an intra-agency promotion and is found to be unsatisfactory in the advanced position, the employee will be demoted to the position from which the employee was promoted or to a similar position. Upon such demotion, the employee's salary will be the same that the employee was receiving prior to promotion, except for changes in pay range that may have occurred or any step increase to which the employee would have been entitled in the lower classification.

If an employee takes a civil service examination for a classification having a higher base pay range than the employee holds at the time of the examination and is appointed from the resulting eligible list to a position in the same agency, this action will be considered a promotion so far as the probationary period is concerned, and the employee will be demoted in accordance with this rule if the employee's services are found unsatisfactory.

Last updated April 10, 2026 at 7:47 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Chapter 123:1-25 Transfers, Reinstatements, and Seasonal Positions

Ohio Adm.Code 123:1-25-01 Transfers and intra-transfers in classified service.

(A) Employees in the classified service of an agency of the state government who have satisfactorily completed their probationary period may be transferred to a position having the same rate of pay and similar duties in another agency of the state government upon request of the two appointing authorities concerned, with consent of the employee and approval of the director of administrative services. When supported by the business needs of the appointing authority of the agency to which the transfer is made, such transfer may be made without the approval of the appointing authority of the agency from which the transfer is made.

(B) Within an agency of the state, an employee in the classified service may be intra-transferred where the positions involved have the same classification title.

(C) Any of the types of transfer defined in this rule may be permanent or temporary. Temporary transfers of thirty days or less may be made without the consent of the employee. The employee has no right to appeal such temporary transfer unless the employee receives another temporary transfer within a six-month period.

(D) Temporary transfers for periods of more than thirty days and less than ninety-one days may be made only with written consent of the employee.

(E) A "permanent transfer" is any transfer in excess of thirty days unless the employee has consented to a longer period not exceeding ninety days.

(F) Employees who are the subject of a transfer will be provided a written notice of the transfer and the reasons for it at least fourteen calendar days prior to the effective date of the transfer except where an emergency renders it impractical. Requests for approval of all transfers will be submitted to and approved by the director of administrative services or the director's designee, and/or the civil service commission, as applicable. Each transfer action will state the circumstances that make the transfer necessary for the efficient operation of the agency. No permanent transfer is to take effect until approval is secured by the initiating appointing authority from the director of administrative services. The word "transfer" as used in this rule does not include any job reassignment within the same classification and within the same appointing authority that takes place in and involves a move to a different job location in the same county.

(G) The following classes have been designated as those where changes in the location of the state agency's employee's work assignment are necessary based on the duties of the classification:

Classification Number	Classification Title
16751	Unemployment Compensation Examiner 1
16752	Unemployment Compensation Examiner 2
16753	Unemployment Compensation Examiner/Specialist 1
16754	Unemployment Compensation Examiner/Specialist2
23511	Enforcement Agent
23515	Enforcement Assistant Agent-in-Charge
23516	Enforcement Agent-in-Charge
23521	Liquor Control ComplianceOfficer
23525	Liquor Control Compliance Supervisor1
23526	Liquor Control Compliance Supervisor 2
26121	Criminal Investigator1
26122	Criminal Investigator 2
26210	InvestigatorAssistant
26211	Investigator
26216	Investigation Supervisor 1
26217	Investigation Supervisor2
26711	Highway Patrol Trooper
63123	Program Administrator2
63124	Program Administrator 3
63131	Administrative Officer1
63132	Administrative Officer 2
63133	Administrative Officer3
63471	Labor Relations Officer 1
63472	Labor Relations Officer2
63473	Labor Relations Officer 3
64612	Human Capital ManagementAnalyst
64613	Human Capital Management SeniorAnalyst
66111	Accountant/Examiner 1
66112	Accountant/Examiner2
66113	Accountant/Examiner 3
66114	Accountant/Examiner4
66115	Accountant/Examiner Supervisor 1
66116	Accountant/Examiner Supervisor2
66126	Unemployment Contribution Assistant Supervisor
66131	Unemployment Compensation ComplianceAuditor
66136	Unemployment Compensation Compliance Audit Supervisor1
66140	Financial Institution Examiner Trainee
66141	Financial InstitutionExaminer 1
66142	Financial Institution Examiner 2
66143	Financial Institution Examiner3
66144	Financial Institution Examiner 4
66145	Financial Institution Examiner5
66146	Financial Institution Specialist 1
66147	Financial InstitutionSpecialist 2
66148	Financial Institution Administrator
66149	Financial Institution DeputySuperintendent
66151	Assistant Auditor 1
66152	Assistant Auditor2
66153	Assistant Auditor 3
66155	Assistant Auditor Supervisor1
66156	Assistant Auditor Supervisor 2
66157	Assistant Auditor Manager1
66158	Assistant Auditor Manager 2
66181	Assistant IT Auditor1
66182	Assistant IT Auditor 2
66183	Assistant IT Auditor3
66411	Internal Auditor 1
66412	Internal Auditor2
66413	Internal Auditor 3
66415	Internal Audit Supervisor1
66416	Internal Audit Supervisor 2
66417	Internal Audit ProgramManager
66421	Internal EDP Auditor 1
66422	Internal EDP Auditor2
66425	Internal EDP Audit Supervisor
66431	Workers' Compensation ExternalAuditor
66435	Workers' Compensation External Auditor/EmployeeServices Supervisor
66536	Fiscal Officer 2
66537	Fiscal Officer3
66538	Fiscal Officer 4
84511	Appraiser 1
84512	Appraiser 2
84513	Appraiser3
84514	Appraisal Specialist
84521	Realty Specialist1
84522	Realty Specialist 2
84523	Realty Specialist3
84525	Realty Specialist Supervisor
84526	Realty SpecialistManager
84531	Property ManagementSpecialist
84571	Permit Technician 1
84572	Permit Technician2
84575	Permit Technician Supervisor
84581	Utilities Relocation Technician1
84582	Utilities Relocation Technician 2
84583	Utilities RelocationTechnician 3
84592	Real Estate Specialist
84595	Real Estate SpecialistSupervisor
84596	Real Estate Administrator 1
84597	Real Estate Administrator2
84598	Real Estate Administrator 3

A person considered for appointment to a position in such classes will be informed of this policy in writing at the time of appointment or at the time of an examination. Those persons serving in such positions at the time of the adoption of this rule will be informed of this rule in writing. The director will approve such transfers without the submission of additional evidence. An employee serving in any of these classes will have no right of appeal under paragraph (K) of this rule, but will be given written notice of the transfer as provided in paragraph (F) of this rule. Transfers made under this paragraph will be considered temporary transfers as defined in paragraphs (C) and (D) of this rule and be subject to the same restrictions placed on other temporary transfers. In no case will transfers initiated under this paragraph be regarded as permanent.

(H) In the case of a request to transfer a state employee permanently, the director will approve the transfer only if it is determined to be necessary for the efficient operation of the work unit to which the employee would be transferred.

(I) In the case of a state employee's permanent transfer, where the director determines that there is a need for a permanent change of residence, the employee will be paid the actual and necessary expenses of moving to his or her new location. In addition, the employee will be paid the regular per diem rate for in-state travel as established by the office of budget and management until his or her residence can be moved to his new location, but for not more than thirty days. The employee will notify his or her appointing authority and the director of administrative services of his or her intent to move or not to move his or her place of residence within thirty days of receiving notification from the director of administrative services that a change of residence is necessary, unless an appeal is pending, and such move will be completed within six months. If the employee chooses not to move his or her residence but commutes to the new job location from his or her former residence, no payment of moving expenses and no per diem payment will be made. If the employee appeals the transfer, payment of moving expenses will be delayed until a decision is rendered by the state personnel board of review. The appointing authority will have the option of selecting or rejecting from among three or more moving estimates to relocate the employee, and may ask the employee to obtain additional estimates.

(J) During the period of a state employee's temporary transfer or during the first thirty days of a permanent transfer pending the relocation of the state employee's residence, the appointing authority will pay the state employee's travel expenses in accordance with the office of budget and management travel expense regulations in effect at the time of transfer.

(K) An employee who has been notified in writing that he or she is to be transferred may, within ten days of receipt of such notice, file an appeal with the personnel board of review. While the appeal of an employee is pending before the personnel board of review, the employee will have the obligation to comply with the transfer. In any case where the employee has relocated his or her residence pursuant to a permanent transfer and the rule of the board is that such transfer is not justified, the employee will be fully reimbursed for the cost of relocating, as well as the cost of returning his or her residence to the original location.

Last updated August 5, 2024 at 7:33 AM

History

Effective: August 5, 2024
Promulgated Under: 119.03

Ohio Adm.Code 123:1-25-02 Reinstatements after resignation.

An employee in the classified service who resigns, having served the necessary probationary period, may be reinstated to the same or a similar position in that agency, at any time within one year from the date of such resignation upon approval of the director of administrative services. An employee who is reinstated from resignation following a break in service will be given an appointment date based on the date of reinstatement.

Last updated August 14, 2024 at 11:24 AM

History

Effective: August 5, 2024
Promulgated Under: 119.03

Ohio Adm.Code 123:1-25-04 Seasonal positions.

All positions in the competitive class, where the nature of the work is such that the service is not continuous throughout the year, but recurs in each successive calendar year, are designated as "seasonal" positions. Any person appointed to a seasonal position under the provisions of the civil service law, and who has been temporarily separated from the service during the inactive season, will be entitled to employment in the same position in each ensuing year, provided the person is not in the meantime disqualified for any cause from performing the duties of the position. Any person appointed to a seasonal position, who is not assigned to work for a period of one year due to lack of work or the person's refusal of available work, will be deemed ineligible for further assignment as a seasonal employee.

Last updated August 14, 2024 at 11:24 AM

History

Effective: August 5, 2024
Promulgated Under: 119.03

Ohio Adm.Code 123:1-25-07 Temporary reassignment of duties.

(A) The director of transportation may assign an employee of the department of transportation holding a position in the classified service of the state to duties other than those assigned to the position to which the employee has been legally appointed. The director of transportation will obtain prior approval of the assignment from the director of administrative services. The assignment will not exceed one thousand hours per calendar year, exclusive of overtime.

(1) Such a reassignment will be made with the consent of the employee except in the case of a weather emergency proclaimed by the governor or when the director of the department of transportation deems that the reassignment is necessary due to an unusual situation requiring immediate action.

(2) Such a reassignment will be due to the temporary characteristics of the work situation and the duties will be for the efficient management of the department or for the maintenance of the highways in the interest of the safety of the traveling public.

(3) No employee currently serving in an original probationary period may be considered for temporary work assignment.

(4) The director of transportation will submit to the director of administrative services the classifications in which such assignments are necessary for the efficient operation of the department of transportation.

(B) Prior to a temporary assignment of work duties, the director of transportation will certify to the director of administrative services that:

(1) The employee is qualified and physically able to perform the assigned duties;

(2) The temporary assignment of work duties is necessary for the efficient operation of the department of transportation;

(3) The employee has received notice of the temporary assignment of work duties;

(4) The temporary assignment of work duties will neither cause a layoff nor a job displacement of any other person;

(5) The temporary assignment of work duties will not prevent the hiring of any other person from an eligible list; and

(6) The employee has consented to the temporary assignment or that the governor has proclaimed a weather emergency or that the director of the department of transportation has determined that an unusual situation necessitating immediate action exists.

(C) If the number of eligible employees who consent to such temporary assignment exceeds the number of employees needed for the temporary assignment, the director of transportation will assign the employees on the basis of seniority.

(D) No employee who is temporarily assigned work duties under this rule will suffer any loss of pay, position, diminution of position, service rights, or benefits as a result of such temporary assignment. Any employee who is temporarily transferred from his permanently assigned position to a temporary position will be reimbursed for excess travel to and from work during the period of reassignment at the rate per mile set by the director of the office of budget and management.

(E) No employee will be temporarily assigned duties under this rule if such duties are those of a higher classification or any classification compensated at a higher pay range than that to which the employee is legally appointed, except as specified by administrative rule.

(F) The annual performance evaluation of an employee temporarily assigned duties under this rule will be made as of the employee's usual evaluation date and will exclude the employee's performance of the temporarily assigned duties.

Last updated August 14, 2024 at 11:24 AM

History

Effective: August 5, 2024
Promulgated Under: 119.03

Chapter 123:1-27 Suggestion Award System

Ohio Adm.Code 123:1-27-04 Employee recognition program.

(A) Participation. Any state agency, office, board, or commission may establish an employee recognition program for the acknowledgement of exemplary employee performance. The appointing authority of any state agency, office, board, or commission will obtain the approval of the director of administrative services before implementing a program.

(B) Eligibility. All permanent employees paid in accordance with section 124.152 of the Revised Code, employees listed in divisions (B)(2) and (B)(4) of section 124.14 of the Revised Code, and permanent employees eligible to receive employee recognition awards, pursuant to a collective bargaining agreement, are eligible to receive employee recognition awards.

(C) Eligible areas of recognition. An employee may be recognized for specific work performance, employee motivation and attitude, or other qualities that demonstrate exemplary employee performance. Achievement recognition is limited to work related performance.

(1) Work performance includes, but is not limited to, thoroughness, efficiency, accuracy, going beyond what is expected, taking the initiative to identify and solve problems, and working well with minimal supervision.

(2) Motivation and attitude includes, but is not limited to, showing enthusiasm and pride in work, being courteous and cooperative, and completing job assignments professionally and dependably.

(D) Selection of nominee. Each agency, office, board, or commission will review each nomination submitted by any employee eligible to participate in the employee recognition program and select the most exemplary employee.

(E) Amount of award. Each agency, office, board, or commission will determine the type or amount of award to be granted. Awards may include, but are not limited to, additional leave, award ceremonies, plaques and certifications, or other items approved by the director.

(F) Award presentation. Each agency, office, board, or commission will be responsible for program implementation and award presentation.

Last updated August 14, 2024 at 12:48 PM

History

Effective: August 5, 2024
Promulgated Under: 119.03

Chapter 123:1-28 Combined Charitable Campaign

Ohio Adm.Code 123:1-28-01 Combined charitable campaign.

(A) The purpose of the combined charitable campaign is to provide state employees with the opportunity to make donations to charitable organizations through payroll deduction or one time contributions and to minimize workplace disruption by limiting solicitations for charitable contributions to one combined campaign per year.

(B) The combined charitable campaign is the only authorized campaign for charitable contributions through payroll deduction for state employees.

(C) Campaigns for which the primary focus is the collection of food items for local food pantries, rather than the direct solicitation of funds through payroll deduction, are not affected by this rule.

Last updated August 17, 2026 at 1:16 PM

History

Effective: August 17, 2026
Promulgated Under: 119.03

Chapter 123:1-29 Performance Evaluation System

Ohio Adm.Code 123:1-29-01 Performance evaluation for classified state employees.

(A) Classified state employees serving in a classification established pursuant to division (A) of section 124.14 of the Revised Code will be rated or evaluated with respect to performance efficiency twice during the employee's probationary period. The first performance evaluation will be completed within thirty days of the conclusion of the first half of the probationary period. The second evaluation will be completed within thirty days of completion of the probationary period, unless the employee is given a probationary removal or reduction, in which case the final evaluation will be made at the time of the removal or reduction. The final probationary evaluation will state whether the employee is to be retained or probationarily removed or reduced.

(B) All employees specified in paragraph (A) of this rule who have completed their probationary periods will be evaluated once each calendar year on a schedule selected by the appointing authority. The annual evaluation will measure the employee's performance for the three hundred sixty-five day period immediately preceding the evaluation date or for that portion of the three hundred sixty-five day period after the completion of the employee's probationary period.

(C) Forms for performance evaluation ratings and a schedule of annual ratings will be prepared and made available to all state agencies by the director of the department of administrative services. With the approval of the director, an appointing authority may use an alternative form.

(D) Appointing authorities will establish procedures providing for the review or modification of ratings in an evaluation upon request of the employee. An employee who refuses to sign the evaluation is not entitled to a review of the evaluation.

Last updated May 29, 2026 at 7:55 AM

History

Effective: May 29, 2026
Promulgated Under: 119.03

Chapter 123:1-30 Disability Separations - Reinstatement

Ohio Adm.Code 123:1-30-01 Involuntary disability separation.

(A) An employee who is unable to perform the essential job duties of the position due to a disabling illness, injury or condition may be involuntarily disability separated. An involuntary disability separation occurs when an appointing authority has received substantial credible medical evidence of the employee's disability and determines that the employee is incapable of performing the essential job duties of the employee's assigned position due to the disabling illness, injury or condition.

(B) An appointing authority will request that an employee submit to a medical or psychological examination, conducted in accordance with rule 123:1-30-03 of the Administrative Code, prior to the involuntary disability separating the employee unless:

(1) The employee is hospitalized at the time such action is taken,

(2) The employee has exhausted his or her disability leave benefits, or

(3) Substantial credible medical evidence already exists that documents the employee's inability to perform the essential job duties.

(C) Pre-separation hearing. An appointing authority will institute a hearing prior to involuntarily disability separating an employee and provide the employee written notice at least seventy-two hours in advance of the hearing. If the employee does not waive the right to the hearing, then at the hearing the employee has the right to examine the appointing authority's evidence of disability, to rebut that evidence, and to present testimony and evidence on the employee's own behalf.

(D) If the appointing authority determines, after weighing the testimony presented and evidence admitted at the pre-separation hearing, that the employee is capable of performing his or her essential job duties, then the involuntary disability process will cease and the employee will be considered fit to perform his or her essential job duties. If the appointing authority determines, after weighing the testimony presented and the evidence admitted at the pre-separation hearing, that the employee is unable to perform his or her essential job duties, then the appointing authority will issue an involuntary disability separation order.

(E) Right to reinstatement. At the time the appointing authority provides the involuntary separation order to the employee, the appointing authority will notify the employee of the required procedures to apply for reinstatement. The effective date of separation, for purposes of reinstatement, is based on the date in which the employee was no longer performing in active work status due to the disabling illness, injury or condition. The total time of absence due to the disabling illness, injury or condition is not to exceed two years from the date of separation for purposes of reinstatement rights under this chapter. If an employee attempts to return to work but fails to perform the essential job duties for six consecutive months, the employee's effective date of separation does not change except as provided in paragraph (F) of rule 123:1-33-08 of the Administrative Code.

(F) An employee who has been involuntarily disability separated is permitted to apply for disability leave benefits.

(G) An employee separated pursuant to an involuntary disability separation order has the right to appeal in writing to the personnel board of review within ten days following the date the order is served.

(H) For purposes of this rule only, "active work status" does not include those hours worked during a transitional work program authorized by paragraph (B) of rule 123:1-33-07 of the Administrative Code on in a temporary part-time position authorized by paragraph (A) of rule 123:1-33-07 of the Administrative Code.

Last updated July 31, 2023 at 8:57 AM

History

Effective: July 31, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-30-03

(A) An appointing authority may require that an employee submit to medical or psychological examinations for purposes of disability separation or a reinstatement from disability separation. The appointing authority will select one or more licensed practitioners to conduct the examinations.

(B) Prior to any examination, the appointing authority will supply the examining practitioner with facts relating to the perceived disabling illness, injury or condition, as well as the physical and mental requirements of the employee's position; duty statements; job classification specifications; and position descriptions. Both the appointing authority and the employee will receive the results of any examination and related documents subject to division (C)(1) of section 1347.08 of the Revised Code.

(D) Employee's failure to appear for examination. An employee's refusal to submit to an examination, the unexcused failure to appear for an examination, or the refusal to release the results of the examination amounts to insubordination, punishable by the imposition of discipline up to and including removal. An employee will be responsible for the costs associated with an unexcused failure to appear at a scheduled examination.

Last updated July 31, 2023 at 8:57 AM

History

Effective: July 31, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-30-02 Voluntary disability separation.

(A) An employee who is unable to perform the essential job duties of the position due to a disabling illness, injury or condition may request a voluntary disability separation. A voluntary disability separation occurs when an employee does not dispute his or her inability to perform the essential job duties of the position due to a disabling illness, injury or condition.

(B) Appointing authorities may grant an employee's request for voluntary disability separation or may have the employee submit to a medical or psychological examination pursuant to rule 123:1-30-03 of the Administrative Code. If the examination supports the employee's request, the appointing authority will grant the employee's request for voluntary disability separation. If the medical examination does not support the employee's request, the appointing authority will not approve the employee's request for voluntary disability separation.

(C) Pre-separation hearing. An employee who is granted a voluntary disability separation waives the right to a pre-separation hearing with the agency's appointing authority and to an appeal of the decision to approve the employee's request with the state personnel board of review.

(D) Right to reinstatement. An employee who is granted a voluntary disability separation retains the right to be reinstated to his or her position for two years from the date that the employee is no longer in active work status due to a disabling illness, injury or condition. An employee may submit a written request for reinstatement from a voluntary disability separation in accordance with the procedure established in rule 123:1-30-04 of the Administrative Code.

(E) For purposes of this rule only, "active work status" does not include those hours worked during a transitional work program authorized by paragraph (B) of rule 123:1-33-07 of the Administrative Code or in a temporary part-time position authorized by paragraph (A) of rule 123:1-33-07 of the Administrative Code.

Last updated July 31, 2023 at 8:57 AM

History

Effective: July 31, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-30-04

(A) Timeline for reinstatement. An employee may make a written request to the appointing authority for reinstatement from a disability separation. An employee may not make a first request for reinstatement until three months from the date the employee was no longer in active work status. The appointing authority will notify the employee of its decision to approve or deny the reinstatement request no later than sixty days after it receives the employee's written request. The employee will not make subsequent requests for reinstatement more than once every three months from the date the employee is notified of a reinstatement denial. An employee is not eligible for reinstatement if the request occurs later than two years from the date that the employee was no longer in active work status due to the disabling illness, injury, or condition.

(B) Requirements for reinstatement. The employee's request for reinstatement shall be accompanied by substantial, credible medical evidence that the employee is once again capable of performing the employee's essential job duties. Upon receiving this evidence, the appointing authority will either reinstate the employee or require the employee to submit to a medical or psychological examination in accordance with rule 123:1-30-03 of the Administrative Code.

(C) Initial determination. The appointing authority will review the substantial credible medical evidence submitted by the employee and the results of a medical or psychological examination conducted in accordance with rule 123:1-30-03 of the Administrative Code and make an initial determination of whether the employee is capable of performing the essential duties of the employee's position. If the appointing authority initially determines that the employee is once again capable of performing the essential job duties, the appointing authority will reinstate the employee. If the appointing authority initially determines that the employee remains incapable of performing the essential job duties, the appointing authority will conduct a pre-reinstatement hearing.

(D) Pre-reinstatement hearing. An employee will be provided written notice at least seventy-two hours in advance of the pre-reinstatement hearing. If the employee does not waive the right to a hearing, then at the hearing the employee has a right to examine the appointing authority's evidence of continuing disability, to rebut that evidence, and to present testimony and evidence on the employee's own behalf.

(E) Determination. The appointing authority will weigh the testimony presented and evidence admitted at the pre-reinstatement hearing to determine whether the employee is able to perform the essential job duties of the employee's assigned position. If the appointing authority finds that the employee is capable of performing the essential job duties of the position, then the appointing authority will reinstate the employee. If the appointing authority finds the employee incapable of performing essential duties, then the appointing authority will not reinstate the employee.

(F) If the appointing authority determines that the employee committed an act that is inconsistent with the employee's disabling illness, injury or condition, then that act may be considered by the appointing authority when determining an employee's eligibility for reinstatement.

(G) Once an appointing authority determines that the employee is to be reinstated, then the employee has a right to be assigned to a position in the classification the employee held at the time of disability separation. If the classification the employee held at the time of disability separation no longer exists or is no longer utilized by the appointing authority, then the employee will be placed in a similar classification. If no similar classification exists, or the employee no longer meets the minimum qualifications, the employee may be laid off in accordance with Chapter 123:1-41 of the Administrative Code and sections 124.321 to 124.327 of the Revised Code or in accordance with an applicable collective bargaining agreement executed in accordance with Chapter 4117. of the Revised Code.

(H) If the employee has been granted disability benefits by a state retirement system, the requirements of this rule apply for the length of time that the applicable state retirement system provides that the employee will be considered for reemployment, except that a licensed practitioner will be appointed by the public employees retirement board and application for reinstatement will not be filed after the date of service eligibility retirement. Employers will restore an employee found to be physically and mentally capable of resuming service pursuant to the statutes and rules of the applicable state retirement system, but may request the employee to submit to a medical or psychological examination, conducted in accordance with rule 123:1-30-03 of the Administrative Code, prior to such restoration.

(I) An employee refused reinstatement as provided in paragraph (E) of this rule will be notified in writing of the refusal to reinstate and of the right to appeal in writing to the personnel board of review within thirty days of receiving notice of that refusal to reinstate.

(J) An employee who fails to apply for reinstatement within two years from the date that the employee was no longer in active work status due to the disabling illness, injury, or condition is deemed permanently separated from service.

(K) For purposes of this rule only, "active work status" does not include those hours worked during a transitional work program authorized by paragraph (B) of rule 123:1-33-07 of the Administrative Code or in a temporary part-time position authorized by paragraph (A) of rule 123:1-33-07 of the Administrative Code.

Last updated July 31, 2023 at 8:57 AM

History

Effective: July 31, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-30-05 Disclosure of medical reports.

Disclosure of any information or related documents, provided by or prepared by an examining physician, psychiatrist, psychologist or other licensed practitioner, is subject to division (C)(1) of section 1347.08 of the Revised Code.

Last updated September 14, 2023 at 9:25 AM

History

Effective: October 29, 2006
Promulgated Under: 119.03

Ohio Adm.Code 123:1-30-06 Leave benefits for an employee given a disability separation.

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 is governed by the provisions of Chapter 123:1-33 of the Administrative Code.

An employee who is given a disability separation pursuant to rule 123:1-30-01 or rule 123:1-30-02 of the Administrative Code will cease to receive benefits pursuant to section 124.381 of the Revised Code and rule 123:1-33-17 of the Administrative Code.

Last updated July 31, 2023 at 8:57 AM

History

Effective: July 31, 2023
Promulgated Under: 119.03

Chapter 123:1-31 Removals, Reductions, or Suspensions

Ohio Adm.Code 123:1-31-01 General procedure for removals, reductions, suspensions, or fines.

A removal, reduction in pay or position, suspension or fine of more than forty work hours in the case of an employee exempt from the payment of overtime compensation, a suspension or fine of more than twenty-four work hours in the case of an employee not exempt from the payment of overtime compensation, , or the reduction or elimination of longevity, except as otherwise provided in division 123:1 of the Administrative Code, will be made for one or more of the statutory reasons enumerated in section 124.34 of the Revised Code. The employee will be notified in writing, on a form provided by the director or the state personnel board of review, or equivalent form, of the statutory reasons for the action and the effective date thereof. This form will advise the employee of the right to appeal. Any such appeal will be made in accordance with the rules of the state personnel board of review. The denial of a one-time pay supplement or a bonus to officer or employee is not a reduction in pay for purposes of this rule.

Last updated July 31, 2023 at 8:28 AM

History

Effective: July 31, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-31-02 Step reduction.

(A) For purposes of this rule, "step reduction" means reducing an employee one step in the applicable pay table for purposes of calculating the employee's compensation.

(B) At the appointing authority's discretion, an employee may receive a step reduction as a form of progressive discipline. This form of discipline is only to be imposed as an alternative to termination and will not interfere with the employee's normal step anniversary.

Last updated July 31, 2023 at 8:28 AM

History

Effective: July 31, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-31-03 Absence without leave.

(A) Any employee in the classified service who is absent from duty habitually or for three or more successive duty days, without leave and without approval by the employee's appointing authority for such absence may be subject to removal for neglect of duty under provisions of section 124.34 of the Revised Code.

(B) This rule does not require an appointing authority to initiate removal action if it is determined to be unwarranted nor does it preclude removal action for a shorter period of absence if the absence is of sufficient seriousness. The determination as to what constitutes a serious situation is made by the appointing authority of the agency.

Last updated July 31, 2023 at 8:28 AM

History

Effective: July 31, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-31-04 Reduction or demotion.

Reduction or demotion will be made only for one or more of the reasons given in section 124.34 of the Revised Code, except that voluntary written agreement by an employee to a demotion or reduction is considered a satisfactory basis for such action in the absence of evidence to the contrary. The salary of an employee following demotion will be fixed by the director at the equitable rate, not to exceed the rate of pay prior to the demotion.

Last updated July 31, 2023 at 8:29 AM

History

Effective: July 31, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-31-05 Definition of unsatisfactory performance.

As used in section 124.34 of the Revised Code, the term "unsatisfactory performance" means actions by an employee in the service of the state that do not meet the established expectations of the employee's position or classification, or of the appointing authority for such employee or others in the employee's position or classification, which includes, but is not limited to, the following:

(A) Failure to meet established work standards for a position;

(B) Failure to adequately perform the established duties of a position;

(D) Failure to meet established competencies;

(E) Failure to adequately complete a training plan; or

(F) Failure to adequately complete a performance improvement plan.

Last updated September 14, 2023 at 9:25 AM

History

Effective: August 11, 2016
Promulgated Under: 119.03

Chapter 123:1-32 Sick and Personal Leave

Ohio Adm.Code 123:1-32-01 Availability and charge of sick leave, vacation leave, and personal leave and compensation for sick leave of employees paid by warrant of the director of budget and management.

(A) Availability of sick leave, vacation leave, and personal leave. Sick leave, vacation leave, and personal leave is not available for use until it appears on the employee's earnings statement and the compensation described in the earnings statement is available to the employee.

(B) Charge of sick leave, vacation leave, and personal leave. Sick leave and vacation leave used by an employee whose salary or wage is paid directly by warrant of the director of budget and management willbe charged in minimum units of one-tenth of one hour. Personal leave used by an employee whose salary or wage is paid directly by warrant of the director of budget and management willbe charged as set forth in paragraph (D) of rule 123:1-32-07 of the Administrative Code. Employees willbe charged sick leave, vacation leave, and personal leave only for the days and hours for which they would have otherwise been regularly scheduled to work. Sick leave, vacation leave, and personal leave willnot exceed the amount of time the employee would have been regularly scheduled to work in any pay period.

(C) Compensation for charged sick leave. Sick leave for an employee whose salary or wage is paid directly by warrant of the director of budget and management thatis credited during or subsequent to the paycheck thatincludes December 1, 1981 willbe exhausted before use of sick leave accumulated prior to the paycheck thatincludes December 1, 1981 or sick leave transferred from an entity not paid by warrant of the director of budget and management pursuant to division (F) of section 124.382 of the Revised Code is allowed. Compensation for sick leave used during each twelve-month period beginning with the first paycheck the employee receives in December willbe at the following established rates:

(1) The initial forty hours of sick leave willbe paid at a rate equal to the employee's base rate of pay.

(2) The next forty hours of sick leave willbe paid at a rate equal to seventy per cent of the employee's base rate of pay, except as provided in paragraph (C)(2)(a) or (C)(2)(b) of this rule.

(a) Overnight hospital stay or outpatient surgery. If the hours or portions thereof are associated with an overnight hospital stay or outpatient surgery by the employee or the employee's spouse or child residing with the employee or are used before or after the aforementioned hospital stay or outpatient surgery and are contiguous to the hospital stay or outpatient surgery, the sick leave hours will be paid at a rate equal to the employee's base rate of pay.

(b) Sick leave requested at least thirty calendar days in advance for prescheduled medical appointments for the employee or the employee's spouse or a child residing with the employee may be supplemented at the employee's request to one hundred per cent of pay with available sick leave balances provided that a doctor's statement is submitted on the first day the employee returns to work following the absence.

(3) Sick leave used in excess of eighty hours willbe paid at a rate equal to the employee's base rate of pay.

(4) Sick leave used to supplement an approved disability leave, workers' compensation, or adoption/childbirth leave benefit period willbe paid at a rate equal to the employee's base rate of pay.

Last updated April 10, 2026 at 7:44 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-32-07

(A) Eligibility for personal leave. Each full-time permanent and part-time permanent employee whose salary or wage is paid directly by warrant of the director of budget and management willbe eligible for personal leave with pay which may be used for any matter of a personal nature.

(B) Credit of personal leave. Each full-time permanent employee will be credited with thirty-two hours of personal leave each year. Each part-time permanent employee willbe credited with a prorated portion of personal leave each pay period at the rate of .015375 hours per non-overtime hour in active pay status. Such credit shall be made to each eligible employee in the first paycheck the employee receives in December.

(C) Credit of personal leave for employees in no pay status. Employees who are in no pay status at the time the credit is made will have their personal leave reduced upon their return by one and two-tenths hours for each full pay period the employee spent in no pay status.

(D) Compensation. Compensation for personal leave is equal to an employee's base rate of pay.

(E) Charge of personal leave. For each instance of personal leave use, personal leave will be charged in an initial minimum unit of two hours. Personal leave used after the initial two hour minimum unit willbe charged in units of one-tenth hour. Personal leave may be used in initial minimum units of less than two hours only if the employee is using personal leave to supplement disability, workers' compensation or childbirth/adoption leave. Employees will be charged personal leave only for the days and hours for which they would have otherwise been scheduled to work, and willnot include scheduled overtime.

(F) Notification and approval of use of personal leave. Employees may use personal leave upon giving reasonable notice to the employee's supervisor or other responsible administrative officer of an appointing authority. Such requests should be in writing. Requests should, when possible, be made a reasonable time in advance of the date or dates requested for use of personal leave unless the use is for an emergency situation. State agencies, boards, and commissions should establish procedures implementing the provisions of this paragraph and shall be responsible for informing all employees of the notification policy. Reasonable notification policies should be based upon the operational requirements of an agency.

(G) Personal leave may not be used to extend an employee's date of resignation or date of retirement.

Last updated April 10, 2026 at 7:44 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-32-02 Notification for use of sick leave by employees paid by warrant of the director of budget and management.

(A) Notification. An employee who is unable to report for work, and who is not on a previously approved day of vacation, sick leave, personal leave, compensatory time, leave of absence, or other approved leave isresponsible for notifying the employee's immediate supervisor or other individual designated by the appointing authority that he or she will be unable to report for work. The notification must be made within one-half hour after the time the employee is scheduled to report for work, unless emergency conditions prevent such notification. If operational needs of an appointing authority require a different notification time, the appointing authority may establish a reasonable notification time requirement. The appointing authority isresponsible for informing all employees of the applicable notification policy.

(B) Notification for extended sick leave. In the case of a condition exceeding three consecutive calendar days, a physician's statement specifying the employee's inability to report to work and the probable date of recovery may be required.

Last updated April 10, 2026 at 7:44 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-32-05 Sick leave uses, evidence of use, and abuse for employees paid by warrant of the director of budget and management and employees of state colleges or universities.

(A) Uses. With the approval of an employee's appointing authority, sick leave may be used by the employee only for the following reasons:

(1) Illness, injury, or pregnancy-related condition (pregnancy, childbirth, and related medical conditions) of the employee.

(2) Exposure of an employee to a contagious disease thatcould be communicated to and jeopardize the health of other employees.

(3) Examination of the employee, including medical, psychological, dental, or optical examination, by an appropriate licensed practitioner.

(4) Death of a member of the employee's immediate family. Such usage shall be limited to a reasonably necessary time beyond any bereavement leave benefit, not to exceed five days.

(5) Illness, injury, or pregnancy-related condition (pregnancy, childbirth, and related medical conditions) of a member of the employee's immediate family where the employee's presence is reasonably necessary for the health and welfare of the employee or affected family member, including examincation (medical, behavioral health, dental, optical) of a member of the employee's immediate family by an appropriate licensed practicioner where the employee's presence is reasonably necessary.

(6) Donation of leave to a co-worker in accordance with leave donation programs established pursuant to section 124.391 of the Revised Code.

(B) Evidence of use. Each appointing authority may require an employee to furnish a satisfactory written, signed statement to justify the use of sick leave. If professional medical attention is required by the employee or member of the employee's immediate family, a certificate, from a licensed practitioner, stating the nature of the condition may be required by the appointing authority to justify the use of sick leave. Falsification of either the signed statement or a physician's certificate shall be grounds for disciplinary action which may include dismissal.

(C) Abuse. An employee who fails to comply with this chapter and sections 124.38 and 124.382 of the Revised Code willnot be allowed to use sick leave for time absent from work under such non-compliance. Application for use of sick leave with the intent to defraud shall be grounds for disciplinary action which may include dismissal.

Last updated April 10, 2026 at 7:44 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-32-08 Conversion or carry-forward of sick leave or personal leave credit at year's end for employees paid by warrant of the director of budget and management.

(A) Conversion or carry-forward of sick leave credit or personal leave credit at year end. An employee whose wage or salary is paid by warrant of the director of budget and management willhave, pursuant to the following provisions, the option to convert to cash benefit payable on the first payday in December or carry forward the balance of any unused sick leave credit or personal leave credit at year's end.

(1) Sick leave credit conversion or carry-forward. An employee who accrues sick leave pursuant to section 124.382 of the Revised Code and rule 123:1-32-01 of the Administrative Code willhave at year's end the following options with regard to the portion of sick leave credit:

(a) Carry forward the balance of sick leave credit.

(b) Receive a cash benefit conversion for the unused balance of sick leave credit. An employee serving in a temporary work level or an interim appointment who elects to convert unused sick leave to cash willdo so based on the base rate of pay of his or her normal classification. Unused sick leave will be converted at a rate based on the amount of sick leave remaining as of the last day of the pay period preceding the first paycheck the employee receives in December as described below:

(i) An employee who did not use sick leave during or subsequent to the pay period preceding the first paycheck the employee receives in December may convert up to eighty hours of unused sick leave at a rate equal to eighty per cent of the employee's base rate of pay.

(ii) An employee who used eight hours of sick leave or less may convert eighty hours, less the amount of leave used, at a rate equal to seventy-five per cent of the employee's base rate of pay.

(iii) An employee who used more than eight hours but less than sixteen and one tenth of one hour of sick leave may convert eighty hours, less the amount of leave used, at a rate equal to seventy per cent of the employee's base rate of pay.

(iv) An employee who used more than sixteen hours but less than twenty-four and one tenth of one hour of sick leave may convert eighty hours, less the amount of the leave used, at a rate equal to sixty-five per cent of the employee's base rate of pay.

(v) An employee who used more than twenty-four hours but less than thirty-two and one tenth of one hour of sick leave may convert eighty hours, less the amount of leave used, at a rate equal to sixty per cent of the employee's base rate of pay.

(vi) An employee who used more than thirty-two hours of sick leave may convert eighty hours, less the amount of leave used, at a rate equal to fifty-five per cent of the employee's base rate of pay.

(c) Carry forward a portion of the balance of sick leave credit and receive a cash benefit conversion of a portion of the sick leave credit as provided in paragraph (A)(1)(b) of this rule.

(2) Personal leave credit conversion or carry forward. Employees who are credited with personal leave pursuant to section 124.386 of the Revised Code and rule 123:1-32-07 of the Administrative Code willhave at year-end the following options with regard to the unused portion of personal leave credit:

(a) Carry forward the balance of personal leave credit up to a maximum of eight hours.

(b) Convert the balance of personal leave to accumulated sick leave to be used in the manner provided by section 124.382 of the Revised Code and the appropriate administrative rules.

(c) Receive a cash benefit conversion for the unused balance of personal leave payable on the first payday in December. The cash benefit conversion willequal one hour of the employee's base rate of pay for every one hour unused credit that is converted. An employee serving in a temporary work level or an interim appointment who elects to convert unused personal leave to cash willdo so based on the base rate of pay of his or her normal classification.

(B) Limitations of conversion of sick leave credit at year's end.

(1) The options for conversion of sick leave credit listed in paragraphs (A)(1)(b) and (A)(1)(c) of this rule can only be utilized for sick leave credited an employee in the year in which it is accrued.

(2) The failure of an employee to utilize one of the sick leave conversion options listed in paragraphs (A)(1)(b) and (A)(1)(c) of this rule willresult in the automatic carry-forward of any balance of sick leave credit.

(C) Applicability of retirement system deductions to sick leave credit cash conversions. Any cash benefit conversions of sick leave or personal leave made at year end under the provisions of this rule willnot be subject to contributions to any of the retirement systems either by the employee or the employer.

(D) Notification of option to convert sick leave credit or personal leave credit at year end. An employee eligible to receive a cash benefit conversion of sick leave credit or personal leave credit at year's end willindicate their desire to convert any sick leave or personal leave during the conversion window established by the department of administratve services.

Last updated April 10, 2026 at 7:44 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-32-09 Conversion of sick leave and personal leave credit upon separation from service for employees paid by warrant of the director of budget and management.

An employee whose salary or wage is paid by warrant of the director of budget and management willbe entitled, upon separation for any reason, to a cash conversion benefit for unused sick leave and personal leave credit pursuant to the provisions of this rule and sections 124.384 and 124.386 of the Revised Code. For purposes of this rule the term "separation" means any voluntary or involuntary termination from service, including, resignation, disability separation, retirement, removal from service, and layoff from service, but does not include death of an employee.

(A) Conversion to cash benefit of accumulated sick leave credit for an employee whose salary or wage is paid by warrant of the director of budget and management.

(1) General. An employee who has accumulated sick leave under the provisions of section 124.382 of the Revised Code willbe entitled to a cash benefit conversion of the accumulated unused sick leave balance upon separation of service. Such conversion must occur within three years from the employee's date of separation from service.

(2) Eligibility. In order to be eligible for the accumulated sick leave cash conversion benefit authorized by this rule an employee must have at least one year of state service prior to separation.

(3) Determination of amount of sick leave to be converted. An employee about to separate or who has separated from state service willdesignate in writing the percentage or portion of his or her sick leave balance to be converted to cash. The portion of the accumulated sick leave credit not converted to cash at separation may be converted within three years from the employee's date of separation pursuant to this rule or restored to the employee's sick leave credit upon the employee's reinstatement or reemployment to state service pursuant to rule 123:1-32-10 of the Administrative Code. If an employee fails to designate the portion or percentage of the accumulated sick leave to be converted to the cash benefit, the entire amount of sick leave credit accumulation willbe converted to cash benefit.

(4) Payment. Payment for that percentage or portion of sick leave an employee desires to convert to a cash benefit willbe made at the employee's base rate of pay at the time of separation at the rate of one hour of pay for every two hours of accumulated balances. Payment for unused sick leave for an employee who retires from a state retirement system willbe at the rate of fifty-five per cent of the employee's base rate of pay at the time of the effective date of the employee's retirement. Payment for an employee serving in a temporary work level or an interim appointment willbe based on the base rate of pay of the employee's normal classification.

(5) A separated employee may convert all or a portion of any remaining sick leave balance one time during each twelve-month period subsequent to the employee's date of separation. A separated employee who does not convert sick leave to cash within three years from the date of separation is no longer eligible to convert such leave to cash. If a separated employee returns to service in a position that is not eligible to accrue leave, this provision applies to the employee's original date of separation and the employee is still eligible to convert any remaining sick leave balance pursuant to this rule. Any remaining sick leave balances may be restored to the employee's sick leave credit upon reinstatement or reemployment to state service pursuant to rule 123:1-32-10 of the Administrative Code.

(B) Conversion to cash benefit of accumulated personal leave credit.

(1) An employee whose salary or wage is paid by warrant of the director of budget and management who has accumulated personal leave credit under the provisions of section 124.386 of the Revised Code and rule 123:1-32-07 of the Administrative Code willbe entitled to, upon separation of service, a cash benefit conversion for personal leave credit pursuant to division (E) of section 124.386 of the Revised Code.

(2) Payment for accumulated unused personal leave credit willbe at a rate equal to an employee's base rate of pay. Payment for an employee serving in a temporary work level or an interim appointment willbe based on the base rate of pay of the employee's normal classification.

(C) Notification of option to convert sick leave and personal leave credits. Appointing authorities are responsible for notifying employees in writing of their right to convert sick leave and personal leave credits upon separation.

Last updated April 10, 2026 at 7:44 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-32-10

(A) Transfer of leave.

(1) Transfer of sick leave credit. An employee who transfers from one public agency to another, will be credited with the unused balance of the accumulated sick leave credit up to the maximum sick leave accumulation permitted in the public agency to which the employee transfers. An employee who is paid directly by warrant of the director of the office of budget and management whotransfers to a public agency in which employees are paid directly by warrant of the director of budget and management willbe credited with the entire unused sick leave balance.

(2) Transfer of personal leave credit. An employee who is paid directly by warrant of the office of budget and management who transfers to a public agency in which employees are paid directly by warrant of the director of the office of budget and management willbe credited with the unused balance of their entire personal leave credit, provided that if the employee is no longer eligible to receive personal leave credit in accordance with section 124.386 of the Revised Code, the employee will receive personal leave cash conversion benefits as provided in division (E) of section 124.386 of the Revised Code.

(3) Transfer of vacation leave credit.

(a) An employee who is paid directly by warrant of the director of the office of budget and management who transfers to a public agency in which employees are paid directly by warrant of the director of the office of budget and management will be credited with the entire unused vacation leave balance. The employee will be credited with the unused balance of the accumulated vacation leave credit up to the maximum vacation leave accumulation permitted by the public agency to which the employee transfers.

(b) When an employee transfers from a position that has been authorized for an annual leave accrual maximum greater than the maximum allowed in division (B) of section 124.134 of the Revised Code, the employee forfeits the right to be credited with the vacation leave that is in excess of the maximum allowed by division (B) of section 124.134 of the Revised Code, and instead willreceive payment for the excess leave at a rate equal to the employee's base rate of pay for the position authorizing the greater annual leave accrual maximum.

(c) When an employee transfers from one public agency to another the releasing public agency willprovide the receiving public agency with documentation certifying the employee's balance to be transferred and that the releasing agency has eliminated the balance from their records upon transfer.

(B) Restoration of leave credit upon reemployment.

An employee willbe responsible for notifying the employee's current appointing authority of the amount of unconverted sick leave, personal leave, and vacation leave and that employee willprovide reasonable documentation in support of any claim. Upon request by that employee or the employee's current appointing authority, the employee's previous appointing authority willprovide the employee or the employee's appointing authority with adequate documentation regarding the previously accumulated leave(s) of which the former appointing authority is aware.

(1) Restoration of sick leave credit. An employee who is rehired within ten years of the employee's separation from state service to a position that is eligible to accrue leave willbe credited with any sick leave that has not been converted to cash and willbe prohibited from further conversion until separation from state service unless the conversion is pursuant to section 124.383 of the Revised Code.

(a) An employee who had previously accumulated sick leave credit under the provisions of section 124.382 of the Revised Code and rule 123:1-32-01 of the Administrative Code, will, upon reemployment in the public service, have restored all unused sick leave credit which was not converted to a cash benefit under the provisions of section 124.384 of the Revised Code or any other conversion provisions provided the employee is reemployed within ten years.

(b) An employee who had previously accumulated sick leave credit under the provisions of section 124.38 of the Revised Code willupon reemployment in the public service have restored all unused sick leave credit which was not converted to a cash benefit under any policies or provisions established by the employee's employing agency or political subdivision provided the employee is reemployed within ten years.

(2) Restoration of personal leave credit. An employee who had previously accumulated personal leave credit under the provisions of section 124.386 of the Revised Code will, upon reemployment in the public service, have restored all accrued and unused personal leave credit thatwas not converted to a cash benefit, provided the employee is reemployed within thirty days of the date on which the employee was last separated from public service.

(3) Restoration of vacation leave credit. An employee who had previously accumulated vacation leave credit under the provisions of section 124.134 of the Revised Code will, upon reemployment in the public service, have restored all accrued and unused vacation leave credit thatwas not converted to a cash benefit, up to a maximum allowable for the employee's new position, provided the employee is reemployed within thirty days of the date on which the employee was last separated from public service. If the employee has more vacation leave credit than allowable under the new position, the employee willreceive payment for the excess leave at a rate equal to the employee's base rate of pay for the position authorizing the greater annual accrual maximum.

(4) Failure to notify. If an employee fails to notify the appointing authority of the employee's desire to restore leave and the leave is then converted to cash, the employee waives the ability to restore the accrued and unused leave credit.

Last updated April 10, 2026 at 7:44 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-32-11 Leave retention options for employees appointed to positions governed by section 121.03 of the Revised Code or a similar position that does not accrue leave.

(A) Sick leave. Upon appointment to a position governed by section 121.03 of the Revised Code or a similar position that does not accrue sick leave under section 124.38 or 124.382 of the Revised Code, an employee with accrued and unused sick leave balances may:

(1) Receive compensation at the employee's base rate of pay for all accrued and unused sick leave accrued under sections 124.38 and 124.382 of the Revised Code. The employee shall be compensated at the employee's base rate of pay at the rates established in division (A) of section 124.384 of the Revised Code, or;

(2) Retain the accrued and unused sick leave and, upon completion of the employee's appointment, receive compensation at the employee's then current base rate of pay at the rates established in division (A) of section 124.384 of the Revised Code for all accrued and unused sick leave accrued under section 124.38 or 124.382 of the Revised Code, provided that the employee does not return to a position in the state service that accrues sick leave under section 124.38 or 124.382 of the Revised Code.

(B) Personal leave. Upon appointment to a position governed by section 121.03 of the Revised Code or a similar position that does not accrue personal leave under section 124.386 of the Revised Code, an employee with accrued and unused personal leave balances may:

(1) Receive compensation at the employee's base rate of pay for all accrued and unused personal leave accrued under section 124.386 of the Revised Code, or;

(2) Retain the accrued and unused personal leave and, upon completion of the employee's appointment, receive compensation at the employee's then current base rate of pay for all accrued and unused personal leave accrued under section 124.386 of the Revised Code, provided that the employee does not return to a position in the state service that accrues personal leave under section 124.386 of the Revised Code.

(C) Vacation leave. Upon appointment to a position governed by section 121.03 of the Revised Code or a similar position that does not accrue vacation leave under section 124.13 or 124.134 of the Revised Code, an employee with accrued and unused vacation leave balance may:

(1) Receive compensation at the employee's base rate of pay for all accrued and unused vacation leave accrued under section 124.13 or 124.134 of the Revised Code, or;

(2) Retain the accrued and unused vacation leave and, upon completion of the employee's appointment, receive compensation at the employees then current base rate of pay for all accrued and unused vacation leave accrued under section 124.13 or 124.134 of the Revised Code, provided that the employee does not return to a position in the state service that accrues vacation leave under section 124.13 or 124.134 of the Revised Code.

Last updated April 2, 2026 at 4:18 PM

History

Effective: September 3, 2006
Promulgated Under: 119.03

Chapter 123:1-33 Disability Leave

Ohio Adm.Code 123:1-33-01 State of Ohio disability leave program.

(A) The department of administrative services ("the department") provides disability leave benefits to eligible state of Ohio employees.

(B) An employee who is eligible to receive disability leave benefits may receive disability leave benefits due to a disabling illness, injury, or condition.

(1) Employees will submit an application for disability leave benefits to the director of the department or the director's designee within twenty calendar days from the last day worked due to the disabling illness, injury, or condition.

(2) Employees will submit a request to extend disability leave benefits within twenty calendar days of the ending date of granted disability leave benefits or within twenty calendar days of the date of a written request for additional information.

(3) Employees will submit to the director or the director's designee, within twenty calendar days of a request to do so, medical documentation from a state licensed medical practitioner establishing that the employee's illness, injury, or condition prevents the employee from performing the duties of the employee's position, a similar position, or other duties within a transitional work program.

(4) The director or the director's designee is responsible for determining whether an employee is eligible and meets the specifications for receiving disability leave benefits due to a disabling illness, injury, or condition.

(5) Eligible employees who fail to file an application, a request for an extension, or the requested medical documentation relating to the claim within the deadline may have their disability leave benefits delayed to the date of the filing.

(D) Payment of disability leave benefits.

(1) Disability leave benefits will commence following a waiting period of fourteen consecutive calendar days from the last date worked due to the disabling illness, injury, or condition.

(2) Disability leave benefits will be paid at sixty-seven per cent of the employee's base rate as of the date the employee became disabled, up to a lifetime maximum of twelve months based on the employee's scheduled hours of work at the time of the filing of their claim. All disability leave benefits that were granted for claims filed on or after October 29, 2006, will be counted toward the twelve-month lifetime maximum limitation.

(3) An employee receiving disability leave benefits, and an employee during the waiting period, may indicate a desire to utilize accumulated sick leave, personal leave, and vacation leave balances, as well as compensatory time, to receive up to one hundred per cent of pay for time on disability leave or during the waiting period. Such supplementation will have an effective date as of the date the employee requests the supplementation. The sick leave, personal leave, and vacation leave balances, and compensatory time, will be paid at a rate equal to the employee's base rate of pay in effect at the time the employee became disabled.

(4) An employee who does not have sufficient accumulated sick leave, personal leave, vacation leave, or compensatory time to be paid during the waiting period will be considered to be on an approved unpaid leave of absence.

(E) Service credit. An employee receiving disability leave benefits will continue to accrue service credit for purposes of determining vacation benefits, annual step increases, longevity supplement, and retirement benefits. Vacation leave benefits will not accrue while an employee is receiving disability leave benefits. The period during which an employee is receiving disability leave benefits will not count toward an employee's probationary period.

(F) Insurance and premiums.

(1) For those benefits paid in whole or in part by the state, the employer's and employee's share of the health, life, and other insurance benefits will be paid by the employer during the time an employee is in a no pay status while the claim for disability leave benefits is being processed and during the period that the employee is receiving disability leave benefits. If an employee is in paid status while the claim for disability leave benefits is being processed, the employee is responsible for their share of health, life, and other insurance benefits.

(2) If an employee has exhausted disability benefits, the employee is not entitled to have health, life, or any other insurance benefit paid by the employer.

(3) If an employee's claim for disability leave benefits is subsequently denied and the employee had been in a no-pay status while the employee's claim was being processed, it is the employee's responsibility to reimburse the employer the insurance premiums paid on the employee's behalf.

(4) An employee receiving disability leave benefits may participate in an open enrollment period. Any change in the employee's health insurance benefits will be effective at the beginning of the benefit year.

(G) Termination of disability leave benefits. An employee's benefits will be terminated if the employee:

(1) Is removed from state service except as provided under rule 123:1-41-21 of the Administrative Code;

(2) Engages in any occupation for wage or profit that is the same or similar to their current state of Ohio position or has the same or similar physical or mental qualifications, except where the employee is engaging in transitional work, partial return to work, or light duty.

(3) Engages in any act of fraud or misrepresentation involving the disability claim including the alteration of attending physician statements;

(4) Fails to comply with the provisions of section 124.385 of the Revised Code or this rule;

(5) Is convicted of the commission of a felony; or

(6) Does not notify the appointing authority of a change of address.

(7) Fails to participate in a transitional work program that is agreed upon by both the employee's medical practitioner and the employee's appointing authority.

(H) Necessity of applying for retirement benefits.

(1) The following employees will apply for disability retirement benefits as set forth in paragraph (H)(2) of this rule in order to receive continued disability leave benefits:

(a) Disability retirement eligible employees who are nearing six months of continuous disability leave payments;

(b) Those employees whose physicians have deemed them permanently disabled; and

(2) To comply with the provisions of this rule, employees will complete all of the following:

(a) Submit an application to the applicable state employees' retirement system;

(b) Comply with all retirement system specifications; and

(3) After the employee submits documentation establishing compliance with this provision, the employee may receive disability leave benefits in an amount that will bring the employee to sixty-seven per cent of the employee's base rate of pay as of the date the employee became disabled.

(I) Disability leave benefits are not payable for any disability caused by or resulting from:

(1) Any injury or illness received in the course of and arising out of any employment covered by any workers' compensation or federal compensation plan, or during any period in which the employee is receiving, or has been approved for, occupational injury leave, salary continuation, or lost time wages from the bureau of workers' compensation except as outlined in paragraphs (I)(1)(a) and (I)(1)(b) of this rule.

(a) In the case of any injury or illness that may be covered by the bureau of workers' compensation, an employee may file an application for disability leave benefits within twenty calendar days of the receipt of a denial order from the bureau of workers' compensation.

(b) Employees who do not intend to appeal a denial order will submit an affirmation of such with their application for disability leave benefits.

(c) Employees who have or intend to appeal a denial order from the bureau of workers' compensation on an initial claim may receive an advancement of disability leave benefits. All disability leave benefits received by the employee as an advancement will be reimbursed by the employee to the disability leave benefits program if the employee is awarded weekly wage payments by the bureau of workers' compensation for the same time period for which the advancement was made or the employee has been paid a lost time wage settlement.

(d) An employee who receives injury pay pursuant to section 124.381 or section 5503.08 of the Revised Code may be eligible for disability leave benefits when injury pay expires if the employee has received a final notice denying workers' compensation benefits and has applied for disability leave benefits within twenty calendar days of such notice;

(2) Attempted suicide, or self-inflicted injury with the intent to do bodily harm, unless there is a medical history of treatment within five years from the current date of disability for a psychiatric illness, in which case the director or the director's designee reserves the right to review the claim for consideration of a benefit award;

(3) Any act of war, declared or undeclared, whether or not the employee is in the armed forces. In the case of an employee who is a veteran of the United States armed forces, disability benefits will not be denied because the employee contracted the illness or received the injury in the course of or as a result of military service and the illness or injury is or may be covered by a compensation plan administered by the United States department of veterans' affairs;

(4) Participating in a riot or insurrection;

(5) Drug addiction or alcoholism. However, alcohol or other drug addiction diagnoses may be covered if the employee is receiving and complying with ongoing treatment and it is determined that such treatment program prevents the employee from working as documented by the treatment provider; or

(6) Any injury received or illness contracted in the act of committing a felony.

(J) Discipline of an employee receiving disability leave benefits. An employee receiving disability leave benefits may be disciplined pursuant to the provisions of section 124.34 of the Revised Code, an applicable collective bargaining agreement, or the appointing authority's policies. If the appointing authority conducts a pre-disciplinary investigatory interview, the employee may be granted administrative leave with pay for the duration of the interview. The employee will not receive payment of disability leave benefits for those hours spent on administrative leave with pay, nor will the hours count towards the employee's lifetime maximum benefit. If an employee is removed from service, disability leave benefits will be discontinued as of the date the employee is removed from service. The appointing authority is responsible for notifying the director or the director's designee of any employee removed from service who is receiving disability benefits.

(K) Appeals.

(1) Upon the denial of an employee's application for disability leave due to a medical issue, or upon the termination of disability leave benefits due to a medical issue, an employee may file an appeal to the director or the director's designee within thirty days of the date of notice of the denial or termination. If the employee provides new medical documentation with the appeal, the director or the director's designee will obtain a medical opinion from a third party to address the medical issue. The selection of a third party will be made within fifteen days of the appeal request unless an extension is agreed to by the parties. The third party will render a medical opinion within thirty days of the selection and the decision of the third party will be binding.

(2) Upon the denial of an employee's application for disability leave or upon the termination of disability leave benefits where no medical question is at issue, an employee may file an appeal to the director or the director's designee within thirty days of the date of notice of the denial or termination.

(L) The director or the director's designee will initiate all necessary steps to recover disability leave benefits or insurance premiums paid in error or paid as a result of fraud, or to make any needed adjustments to ensure that proper payment of benefits and insurance premiums has been made. When necessary, the director or the director's designee will request the attorney general to take appropriate action to recover improperly paid benefits or insurance premiums.

Last updated November 18, 2025 at 1:01 PM

History

Effective: September 1, 2024
Promulgated Under: Other

Ohio Adm.Code 123:1-41-21

(A) Employees receiving sick leave at time of layoff. Employees who are on sick leave at the time a layoff is effective will be subject to layoff, under the provisions of this chapter. The effective date of layoff or displacement of an employee will not be extended on the basis that an employee is on sick leave.

(B) Employees on leave of absence without pay at time of layoff. An employee who is on a leave of absence without pay under the provisions of rule 123:1-34-01 of the Administrative Code at the time a layoff is effective will be subject to layoff under the provisions of this chapter. The effective date of a layoff or of displacement for an employee will not be extended on the basis that an employee is on a leave of absence without pay.

(C) Employees receiving disability leave benefits at time of layoff. An employee who is receiving disability leave benefits under the provisions of Chapter 123:1-33 of the Administrative Code at the time a layoff is effective will be subject to layoff under the provisions of this chapter. An employee who is to be laid off while receiving disability leave benefits continues to receive disability leave benefits until the period of disability is over and the employee would otherwise be able to return to work. The receipt of disability leave benefits will be subject to the provisions of Chapter 123:1-33 of the Administrative Code.

Last updated December 1, 2022 at 10:37 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-33-02 Occupational injury leave and salary continuation benefits.

(A) For purposes of this rule:

(1) "Allowed physical condition" - means a physical condition diagnosed by an approved physician that arises from an injury inflicted by a ward. It is also a physical condition resulting from substantial aggravation of a pre-existing condition, if such aggravation arises from an injury inflicted by a ward.

(2) "Approved physician" - means a psychologist, psychiatrist, or physician from the approved physician list. In the event an injury requires emergency room treatment, the emergency room physician will be considered an approved physician for purposes of the initial diagnosis and evaluation of the allowed physical or psychological condition.

(3) "Allowed psychological condition" - means a psychological condition, diagnosed by an approved psychiatrist or psychologist from the approved physician list that develops after, and is related to, the allowed physical condition.

(4) "Date of injury" - means the date the event triggering the claim occurred.

(5) "Disabled" - means the employee is unable to perform the essential functions of their job due to an injury while on-duty.

(6) "Inflicted by a ward" - means injured by a ward of the state in one or more of the following ways: (a) an attempt to subdue, control or restrain a ward's inappropriate behavior; (b) as the result of being physically harmed in the course of the employee's duty, as long as the injury was not accidental in nature or caused by the employee's own misconduct or negligence; or (c) during the pursuit of a ward in such circumstances where a ward attempts to flee following the inappropriate behavior listed in this paragraph.

(7) "Ward" - means an inmate, patient, resident, client, youth or student.

(B) Eligibilty.

(1) Occupational injury leave benefits (OIL). Each permanent employee employed by an agency listed in section 124.381 of the Revised Code who sustains an allowed physical condition or an allowed psychological condition filed on or after February 1, 2010 will, pursuant to this rule and with the approval of the director of the department of administrative services (DAS), receive OIL. Any subsequent injury that is determined to be an aggravation of a previous injury for which OIL was approved will not be considered an independent injury. It is the employee's responsibility to prove that the allowed physical condition or an allowed psychological condition was inflicted by a ward.

(2) Salary continuation benefits. All permanent employees, including employees not eligible for OIL as described in paragraph (B)(1) of this rule, who sustain physical injuries or other disabilities in the performance of and arising out of state employment on or after February 1, 2010 may apply for salary continuation benefits for each independent injury sustained.

(3) If the employee's OIL claim is denied and the workers' compensation claim is still pending, the employee may apply for salary continuation benefits.

(C) Application. In order to receive OIL or salary continuation benefits, the injured employee will, within twenty days from the date of the injury, complete and submit the employee's portion of the claim application to the employee's appointing authority. If the employee is physically unable to complete the application, someone acting on the employee's behalf may complete and submit the application.

(D) Amount and length of benefit.

(1) OIL benefits. In no case will the payment of OIL exceed nine hundred sixty hours per independent injury. A part-time employee's OIL benefits is based on the average number of hours worked during the six weeks immediately preceding the related injury, up to forty hours per week.

(2) Salary continuation benefits. In no case will the payment of salary continuation benefits exceed four hundred eighty hours per independent injury. Any leave provisionally granted under OIL counts towards the four hundred eighty hour maximum for salary continuation benefits.

(3) Payment. Payment of OIL or salary continuation benefits will begin immediately upon the employee's filing of an application, retroactive to the date the employee became disabled, and will be paid at the employee's total rate of pay.

(E) Other benefits. OIL and salary continuation benefits are in lieu of any other employer-paid leave or workers' compensation benefits. Employees receiving OIL or salary continuation benefits are in active pay status and continue to accrue sick leave and personal leave. During the time an employee is receiving OIL or salary continuation benefits under this rule, the employee is exempt from receiving vacation leave. OIL and salary continuation benefits will not be charged against the employee's accumulated sick leave balance.

(F) Employee's responsibilities. In order to receive OIL or salary continuation benefits, the injured employee will also:

(1) Follow the agency's accident or injury reporting guidelines;

(2) Be evaluated by an approved physician to determine if the injury will keep the employee from performing the essential functions of the employee's position. If the employee is unable to schedule an appointment with an approved physician within forty-eight hours of the date of the injury, the employee needs to contact the agency's workers' compensation coordinator. The employee needs to continue seeking treatment from an approved physician for the duration of the benefit;

(3) Ensure that an approved physician completes and returns the DAS designated medical form;

(4) Demonstrate that any transitional work program offered by the agency is not appropriate based upon an approved physician's restrictions;

(5) Apply for workers' compensation benefits at the time that OIL or salary continuation is being requested; and

(6) Receive approval from the bureau of workers' compensation for an additional injury allowance, in the case where, after an initial diagnosis, the injury is determined to more extensive and the employee requests an extension of benefits.

(G) Failure to be evaluated. If the employee refuses to be evaluated by an approved physician, the application for OIL or salary continuation benefits will be denied and will be reviewed by the bureau of workers' compensation as a normal request for workers' compensation benefits. If the employee has been paid any OIL or salary continuation benefits, the employee will substitute sick leave, vacation leave, personal leave, compensatory time, or reimburse the employer for any benefits received.

(H) Appointing authority's responsibilities. The employee's appointing authority or designee will promptly review the employee's claim and forward the employee's paperwork to the director or authorized designee within five days of receiving the employee's application. In the case of OIL, the appointing authority or designee should also forward any documentation certifying or disputing that the injury was sustained in the line of duty and was inflicted by a ward. In the case of salary continuation benefits, the appointing authority should also forward any documentation certifying or disputing that the injury was sustained in the line of duty, as well as any witness statements.

(I) Medical treatment and return to work. It shall be the responsibility of the employee to receive necessary medical treatment and to return to active work status at the earliest time permitted by the approved physician.

(J) Termination of benefits. OIL and salary continuation benefits terminate when:

(1) The employee engagesin any activity that adversely affects the employee's recovery;

(2) The employee engages in any outside activity for wage or profit if the outside activity is inconsistent with the employee's medical or psychological restrictions;

(3) The employee knowingly makes a false or misleading statement, or alters, falsifies, destroys or conceals any document in order to receive the benefit;

(4) The approved physician releases the employee back to work;

(5) The employee is incarcerated and the incarceration prevents the employee from coming to work;

(6) The employee's workers' compensation claim is denied by the bureau of workers' compensation;

(7) The industrial commission determines the employee has reached maximum medical improvement;

(8) The employee is disqualified from receiving workers' compensation benefits or if the employee accepts workers' compensation temporary total disability benefits; or

(9) The employee is no longer employed by the state.

(K) Denied claims.

(1) If an agency denies an employee's application for OIL on the basis that the injury was not inflicted by a ward, OIL will cease. The employee may appeal the decision to DAS within twenty days of the postmark on the letter of denial and the decision of DAS is binding. If the employee's claim is approved by DAS, the agency will render OIL benefits to the employee back to the time of the initial agency denial. If the employee's OIL claim is denied by DAS, the employee may be eligible for salary continuation benefits.

(2) If the bureau of workers' compensation denies the claim on the basis that the injury was not an allowed physical or psychological condition, OIL or salary continuation benefits will cease. The employee may appeal the decision to the industrial commission. If the employee's claim is approved by the industrial commission, the agency will render OIL or salary continuation benefits on the employee back to the time of the initial denial by the bureau of workers' compensation. If the employee's claim is denied by the industrial commission, the employee will substitute sick leave, vacation leave, personal leave, compensatory time, or reimburse the employer for any benefits received.

(L) Insurance. An employee who receives OIL or salary continuation benefits is responsible for the employee's share of health insurance premiums.

(M) Transitional work program. An employee receiving OIL or salary continuation benefits may participate in a transitional work program. If a permanent employee is given a transitional work assignment with less than the employee's regularly scheduled hours, the employee may use OIL or salary continuation hours to supplement up to the amount of the employee's regularly scheduled hours. If an employee does not successfully complete a transitional work program, the employee may resume OIL or salary continuation benefits up to the number of hours that remain for the injury.

Last updated April 10, 2026 at 7:47 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Chapter 123:1-34 Leave

Ohio Adm.Code 123:1-34-01 Leave of absence without pay.

Nothing in this rule will be construed as limiting, superseding, or requiring any leave granted under The Family and Medical Leave Act of 1993 (FMLA). Given proper notice and under appropriate circumstances, a leave of absence without pay for a FMLA qualifying purpose may be credited against an employee's FMLA leave entitlement.

(A) An employee's request for a leave of absence without pay will be in writing and will state the reasons for taking the leave of absence without pay and the date(s) for which such leave is being requested.

(1) Classified service. An appointing authority may grant a leave of absence without pay to an employee in the classified service with the approval of the director.

(2) Unclassified service. An appointing authority may grant a leave of absence without pay to an employee in the unclassified service and will report such leave to the director.

(B) Conditions of leave of absence without pay.

(1) Length of leave. Upon written request, a leave of absence without pay may be granted for any personal reason. Renewal or extension beyond the maximum allowed will not be granted except as provided in this rule.

(a) Leaves of absence without pay for personal reasons may be granted for a maximum duration of six months.

(b) Employees of any agency that has a work year equivalent to an academic year may be granted leaves of absence without pay for personal reasons of six months, and such leave may be extended for instructional and instructional support staff with the approval of the director through the beginning of the next academic year.

(c) Leave of absence without pay may be granted for a maximum period of two years for purposes of education or training that would benefit the employee's agency or for voluntary service in any governmentally sponsored program of public betterment. Renewal or extension beyond the two-year period is not allowed.

(2) Abuse of leave. If it is found that a leave is not actually being used for the purpose for which it was granted, the appointing authority may cancel the leave and direct the employee to report for work by giving written notice to the employee and the director of administrative services.

(3) Failure to return. A classified employee who fails to return to service within three working days of the completion or a valid cancellation of a leave of absence without pay without explanation to the appointing authority or his representative may be removed in accordance with section 124.34 of the Revised Code. Any employee who fails to return to service from a leave of absence without pay and is subsequently removed or voluntarily resigns is deemed to have a termination date corresponding to the starting date of the leave of absence without pay.

(4) Return to service.

(a) Classified employees. Upon completion of a leave of absence without pay, the employee will be returned to the same or similar position within the employee's former classification. If the employee's former classification no longer exists the employee will, with approval of the director, be assigned to a position in a classification similar to that formerly occupied. The employee may be returned to active pay status prior to the originally scheduled expiration of the leave if such earlier return is agreed to by both the employee and the appointing authority.

(b) Unclassified employees. The employee's return to service is within the discretion of the appointing authority, subject to all relevant state and federal law including but not limited to the FMLA.

(5) Service credit. Authorized leaves of absence without pay will count as service credit for annual step increases, layoff purposes, and for computing the amount of vacation leave, provided the employee is properly returned to service and is not serving a probationary period. Employees who do not return to service from a leave of absence without pay will not receive service credit for the time spent on such leave.

(6) Reporting leaves. The appointing authority will report to the director any leave of absence without pay that extends for one pay period or longer, and the subsequent return from such a leave. Any leave of absence without pay will be reported for an employee serving a probationary period.

(7) Probationary period of an employee on a leave of absence without pay. The period during which an employee is on a leave of absence without pay will not be counted towards an employee's original or promotional probationary period.

(8) Benefits. While on a leave of absence without pay that lasts longer than one pay period, the employee is responsible for both the employer's and employee's share of health care benefit premiums, unless prohibited by law.

(C) Disabling illness, injury, or condition. Subject to the provisions contained in Chapter 123:1-33 of the Administrative Code, upon written request to the appointing authority, employees with a disabling illness, injury, or condition who are not eligible to receive disability benefits may be granted a leave of absence without pay, subject to the provisions of this rule if the employee demonstrates that the probable length of disability will not exceed six months.

(1) Length of leave. Leaves of absence without pay are limited to the period of time that the employee is unable to perform the essential job duties of the employee's position. This period may include reasonable rehabilitation and recovery time, as certified by a licensed practitioner, not to exceed six months. If the employee is unable to return to active work status within six months, the employee may be given a disability separation in accordance with Chapter 123:1-33 of the Administrative Code.

(2) Licensed practitioner's certificate. An employee requesting a leave of absence without pay due to a disabling illness, injury or condition will present, at the time the request is made, a licensed practitioner's certificate stating the probable period for which the employee will be unable to perform the essential job duties of the employee's position. The specialty of the licensed practitioner providing the certificate will be based upon the employee's diagnosed condition. If a request for leave is based upon a diagnosis of a mental disorder, including but not limited to, psychosis, mood disorders, and anxiety, then such request must be confirmed by a licensed mental health practitioner.

(3) Sick and vacation leave usage. Upon request, an employee will be permitted to use any or all of the employee's accumulated vacation and sick leave credit only for the period of time, as certified by a credible licensed practitioner's certificate, that the employee is unable to work as a result of a disabling illness, injury, or condition. An employee who used sick or vacation leave credit for the disabling illness, injury, or condition may receive a leave of absence without pay for the remainder of the period defined in paragraph (C)(1) of this rule.

(4) Request for leave. Requests for leave of absence without pay, sick leave, personal leave or vacation leave made pursuant to this rule are subject to the internal management procedures of the employee's appointing authority.

(5) Return to work. The appointing authority of an employee on a leave of absence without pay for a disabling illness, injury or condition may require the employee, prior to the employee's return to work, to provide a physician's certificate that confirms the employee is able to perform the essential job duties of the employee's position.

(D) Child care. Any employee may, at the discretion of the appointing authority, be granted a leave of absence without pay for purposes of child care. All requests for leave of absence without pay for purposes of child care will be considered on a nondiscriminatory basis without regard to the sex of the employee.

An adoptive or foster parent's request for leave of absence for purposes of child care will be considered on the same basis as that of a biological parent under similar circumstances.

Last updated December 11, 2023 at 9:53 AM

History

Effective: December 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-34-04 Military leave with pay.

(A) Permanent employees who are in the service of the state who are members of the Ohio organized militia or members of other reserve components of the armed forces of the United States, including the Ohio national guard, are entitled to a military leave of absence from their duties without loss of pay, for a limited amount of time while performing service in the uniformed services, as set forth in section 5923.05 of the Revised Code.

(B) Evidence of military duty. Permanent employees who are in the service of the state will submit to their appointing authority a written order or written statement from the appropriate military commander as evidence of performing service in the uniformed services before military leave with pay will be granted.

Last updated December 11, 2023 at 9:54 AM

History

Effective: December 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-34-05 Uniformed service leave without pay.

(A) A military leave without pay is an approved leave of absence and will be treated as such. An employee who has exhausted their calendar year allowance of military leave with pay or who chooses not to use available military leave with pay for an active duty call-up is entitled to take military leave without pay. An employee who has accrued leave or compensatory time available at the time of an active duty call-up may choose to use such accrued leave, compensatory time, or a combination of both to cover the employee's active duty call-up in-lieu of taking military leave without pay. An employee's use of accrued leave, compensatory time, or a combination of both to cover an active duty call-up is at the employee's sole discretion.

(B) Employees who are exempt from collective bargaining do not accrue any form of leave while on military leave without pay. Employees who are in a bargaining unit will accrue any form of leave in the same manner as any other bargaining unit employee under the applicable collective bargaining agreement who is on an approved leave of absence. Any such accrued leave to which a bargaining unit employee is entitled to under this rule will not be credited to the employee until such time as the employee returns to work.

(C) An employee on military leave without pay has the right to be reinstated to the same or similar position if the employee meets the following criteria:

(1) The employee has been honorably discharged or has been released from active duty in an honorable status; and

(2) The employee makes a timely written request for reinstatement to the employee's appointing authority. The time period for making the request is dependent on the length of time of the employee's active duty call-up:

(a) If the active duty call-up was thirty days or less, the request for reinstatement will be made immediately upon the employee's release from the active duty call-up, with reinstatement taking place the first full regularly-scheduled work day following the employee's release from active duty allowing time for travel home plus eight hours for rest;

(b) If the active duty call-up was thirty-one days to one hundred eighty days, the request for reinstatement will be made within fourteen days of the employee's release from the active duty call-up; or

(c) If the active duty call-up was in excess of one hundred eighty days, the request for reinstatement will be made within ninety days of the employee's release from the active duty call-up.

(D) Pursuant to section 5923.051 of the Revised Code, the employee, the employee's spouse, or the employee's dependent may maintain or reinstate health care benefits while the employee is on a federal active duty call-up. If health care benefits are maintained or reinstated under the provisions of section 5923.051 of the Revised Code, the employee remains responsible for paying the employee's share of such health care benefits and the appointing authority remains responsible for paying the employer's share of such health care benefits.

(E) An employee on military leave without pay is eligible for a pay supplement from the employee's appointing authority when the employee meets the requirements set forth in section 5923.05 of the Revised Code.

(F) An employee reinstated from military leave without pay is generally entitled to all rights and benefits available to an employee returning from an authorized leave of absence without pay, including but not limited to the following:

(1) All accrued leave and compensatory time that the employee accumulated prior to going on military leave without pay, less any such time the employee used while on the active duty call-up associated with the military leave without pay;

(2) All automatic salary adjustments associated with the employee's position that would have been due the employee during the active duty call-up associated with the military leave without pay as if the employee had been at work during that time;

(3) Any change in classification or pay range that the employee would have received during the active duty call-up associated with the military leave without pay as if the employee had been at work during that time;

(4) If necessary, reinstituted health care benefits and related insurance benefits with no waiting periods or pre-existing condition exclusions; and

(5) Appropriate service time corresponding with the time the employee was on military leave without pay.

Last updated December 11, 2023 at 9:54 AM

History

Effective: December 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-34-08 Olympic competition leave.

Any employee in the service of the state will be granted olympic competition leave without loss of pay to participate in olympic competition sanctioned by the United States olympic committee. Participation in olympic competition includes duties as a coach, judge, official, or athlete.

(A) Length of leave. Olympic competition leave will not exceed the aggregate time needed for reasonable precompetition training at the competition site, actual participation in the competition, and reasonable travel time to and from the competition site.

(B) Compensation. Pay for each week of olympic competition leave will not exceed the amount the employee would receive for the employee's standard work week as defined in section 124.18 of the Revised Code. The employee will not be paid for any day spent in olympic competition for which the employee would not ordinarily receive pay as part of the employee's regular employment.

(C) Additional leave. An employee who receives olympic competition leave upon request will be granted vacation leave or a leave of absence without pay to remain at the competition site until the close of the competition.

(D) Written request. Requests for olympic competition leave will be in writing to the appointing authority at least thirty calendar days prior to the effective date of the leave being requested. If the employee is selected less than thirty calendar days prior to the effective date of the requested leave, the employee will make the request for olympic competition leave within one week of such selection. The request will include:

(1) Proof of selection signed by an official of the United States olympic committee.

(2) Dates of official precompetition training at the competition site.

(3) A list of the employee's competition events together with dates of actual competition. If the event is one in which contestants compete until eliminated, making it impossible to precisely indicate all days of actual competition prior to taking the leave, the employee will submit a list of the days on which the employee actually competed upon return from the competition.

(4) Dates of travel time to and from the competition.

(5) If entitled to vacation leave, a statement that such leave is to be used as indicated in paragraph (C) of this rule.

Last updated December 11, 2023 at 9:54 AM

History

Effective: December 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-34-09 Bereavement leave.

(A) Each full-time permanent and part-time permanent employee whose salary or wage is paid directly by warrant of the director of budget and management will be granted three consecutive working days of bereavement leave with pay due to the death of a member of the employee's immediate family. Bereavement leave will not exceed twenty-four scheduled work hours. Compensation for bereavement leave will be equal to the employee's base rate of pay. Part-time permanent employees will be granted bereavement leave based on the number of hours they would have normally been scheduled to work.

(B) Except as provided in paragraph (B)(2) of this rule, an employee described in paragraph (A) of this rule may use bereavement leave under this rule when the employee is the parent of a miscarried or stillborn child. As used in this rule, "stillborn" has the same meaning as in section 124.136 of the Revised Code.

(1) An employee using bereavement leave based on a miscarriage will provide appropriate medical documentation of the miscarriage.

(2) An employee using bereavement leave based on a stillbirth will provide a copy of the fetal death certificate. An employee who takes bereavement leave granted under this rule on the basis of stillbirth is ineligible to use parental leave or benefits under section 124.136 of the Revised Code based on the same stillbirth.

(1) Not more than five calendar days after the immediate family member's death;

(2) Not more than five calendar days before or five calendar days after the date of the immediate family member's funeral.

Last updated December 11, 2023 at 9:55 AM

History

Effective: December 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-34-10 Voluntary cost saving program.

(A) Pursuant to division (B) of section 124.392 of the Revised Code, the voluntary cost savings (VCS) program was created as a tool for an appointing authority to reduce costs. A VCS program provides eligible employees with the opportunity to reduce their schedule or be in a no pay status for a period of time without reducing certain benefits or requiring them to exhaust paid leave.

(B) Approval. An appointing authority will notify the director of administrative services of its intent to establish and implement a VCS program and receive the director's approval before the program can become effective. The notice is to include:

(1) A description of the proposed VCS program indicating which of the options outlined in paragraph (D) of this rule the appointing authority will offer;

(2) A description of the proposed VCS program's compliance with paragraphs (C) to (L) of this rule;

(3) The approximate number of employees eligible to participate in the proposed VCS program;

(4) A copy of the proposed VCS program agreement to be used by the appointing authority in compliance with paragraph (M) of this rule; and

(5) The anticipated duration and availability of the proposed VCS program.

(C) Eligibility. A full-time or part-time permanent employee, exempt from collective bargaining, who is paid by warrant of the director of budget and management and has successfully completed an initial or promotional probationary period is eligible to participate in the VCS program. The VCS program is to be administered on a strictly voluntary basis.

(D) An appointing authority may propose a VCS program that includes any or all of the options listed in this paragraph. If an appointing authority proposes all of the options, it will also state whether an employee may utilize more than one option during the same fiscal year.

(1) Reduction of hours. A full-time eligible employee may reduce the hours worked by no less than eight hours and no more than forty hours per pay period. The maximum amount of time an employee may use this option is for five hundred twenty hours in a fiscal year or for a total of six months, whichever comes first.

(2) Unpaid leave of absence. An eligible employee may take an unpaid leave of absence for no less than two weeks and no more than thirteen weeks during a fiscal year.

(3) Credit with forty or eighty voluntary cost savings hours per fiscal year. An eligible employee may be credited with either forty or eighty voluntary cost savings hours in a fiscal year. Employees participating in this program will have each bi-weekly paycheck reduced over the course of the fiscal year in an amount that equates to either forty or eighty hours in total. An employee is entitled to use all available voluntary cost savings hours during the fiscal year, at times mutually agreed to between the employee and the appointing authority.

(E) Pay status.

(1) Leave used pursuant to paragraphs (D)(1) and (D)(2) of this rule will not be included in the definition of active pay status for the purpose of earning overtime or compensatory time for employees who are eligible to earn overtime.

(2) Leave used pursuant to paragraphs (D)(1) and (D)(2) of this rule will be included in the definition of active pay status for the purpose of earning compensatory time for employees who are not eligible to earn overtime.

(F) Reconciliation.

(1) Employees who are prevented by their appointing authority from taking VCS time pursuant to paragraph (D)(3) of this rule will have the appropriate corrections made to their paycheck at the end of the fiscal year.

(2) If an employee separates or transfers from state service during the fiscal year, the employee will receive payment for the amount of money that has been deducted less the cost of the time used. If the employee used more time than deducted, the employee's final paycheck will be adjusted to balance out the excess hours taken.

(G) Leave accrual. An employee's accruals of vacation, sick, or personal leave will not be impacted by the employee's participation in a VCS program.

(H) Service credit.

(1) An employee who reduces hours worked pursuant to paragraphs (D)(1) and (D)(3) of this rule will not incur a break in service.

(2) An employee who takes an unpaid leave of absence pursuant to paragraph (D)(2) of this rule will not incur a break in service as long as the employee returns to employment.

(I) Retention points.

(1) An employee who reduces hours worked pursuant to paragraphs (D)(1) and (D)(3) of this rule will be treated in accordance with the employee's regular appointment type for purposes of calculating retention points.

(2) An employee who takes an unpaid leave of absence pursuant to paragraph (D)(2) of this rule will have the employee's retention points calculated in accordance with the employee's regular appointment type as long as the employee returns to employment.

(J) Health insurance.

(1) An employee who reduces hours worked pursuant to paragraph (D)(1) of this rule maintains full-time status for purposes of health insurance premiums.

(2) An employee who takes an unpaid leave of absence pursuant to paragraph (D)(2) of this rule is responsible for the employee's share of insurance premiums for all insurance programs in which the employee is enrolled at the time of the leave.

(a) It is the employee's responsibility to make payment arrangements with the appropriate payroll officer prior to the leave commencing.

(b) The state maintains the employer's share of any applicable insurance premiums.

(3) An employee who participates in this program pursuant to paragraph (D)(3) of this rule maintains their appointment type, as full-time or part-time, for the purpose of health care premiums.

(K) Unemployment benefits. An employee participating in this program will not be eligible for unemployment benefits.

(L) Holiday pay. An employee participating in a VCS program on a day contiguous to a holiday is eligible to receive holiday pay pursuant to section 124.18 of the Revised Code.

(M) VCS program agreement approval process.

(1) An employee seeking to participate in the VCS program pursuant to paragraphs (D)(1) and (D)(2) of this rule will complete and submit a signed VCS program agreement to the appointing authority at least thirty days prior to commencement of the leave of absence or implementation of a reduced schedule. An appointing authority may waive the thirty day notice requirement and authorize a minimum of fewer than thirty days advanced notice. An employee seeking to participate in the VCS program pursuant to paragraph (D)(3) of this rule will complete and submit a signed VCS program agreement to the appointing authority by June first for the following fiscal year.

(2) The VCS program agreement becomes effective upon the signature of the appointing authority .

(3) Even after the VCS program agreement is effective, the appointing authority retains the sole discretion to approve or deny an employee's leave request. The appointing authority will ensure that any impact on operations as a result of such work arrangements is minimal and additional costs do not result.

(4) The appointing authority will notify an employee of the status of the request no later than seven days before the effective day of the leave of absence or the implementation of the reduced schedule.

(N) Termination.

(1) Program agreements entered into pursuant to paragraphs (D)(1) and (D)(2) of this rule may be terminated by the employee upon ten working days notice in writing to the appointing authority unless mutually agreed to otherwise or may be terminated by the appointing authority through providing ten working days notice in writing to the employee.

(2) Program agreements entered into pursuant to paragraph (D)(3) of this rule will not be terminated prior to the end of the fiscal year in which the agreement was entered into.

Last updated December 11, 2023 at 9:55 AM

History

Effective: December 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-34-11 Mandatory cost savings program.

(A) Pursuant to division (C) of section 124.392 of the Revised Code, the mandatory cost savings program has been created as a tool to reduce costs. The program is a non-permanent reduction in wages for employees who are exempt from collective bargaining and paid by warrant of the director of budget and management. The program consists of either time off or loss of holiday pay as described in this rule.

(B) Except as provided in paragraph (H) of this rule, full-time permanent employees shall use ten cost savings days (CSDs) in the fiscal year beginning July 1, 2020 for a total of eighty hours. Full-time permanent employees who are hired after the effective date of this rule, but prior to the end of fiscal year 2021, shall use a prorated amount of CSDs equal to 3.076 hours for each pay period remaining in the fiscal year.

(C) The employee's gross pay will be reduced by an amount equal to 3.076 hours of the employee's total rate of pay each pay period. This provision shall also apply to full-time employees who are receiving a paid leave benefit, including but not limited to, occupational injury leave, salary continuation, or disability benefits.

If the secretary of state, auditor of state, treasurer of state, or attorney general has confirmed in writing participation in the CSDs program, the gross pay of the impacted employees will be reduced by an amount equal to 3.076 hours of the employee's total rate of pay each pay period.

If the secretary of state, auditor of state, treasurer of state, or attorney general has modified the cost savings day amount for their respective employees pursuant to statutory authority, the gross pay of the impacted employees will be reduced by an amount calculated by the department of administrative services based on the number of pay periods left in the fiscal year. The calculated amount will instead apply to employees of the impacted office wherever 3.076 appears in this rule .

(D) Scheduling CSDs. Leave for CSDs shall be scheduled as determined appropriate with respect to the employee's regular work schedule. No employee shall be permitted to use CSDs before July 1, 2020 or after June 5, 2021.

(1) In consultation with the department of administrative services, appointing authorities may indicate dates that employees may not schedule CSDs ("black out" days). Black out days may be work unit specific. Black out days will be established by August 1, 2020.

(2) Appointing authorities may not require their employees to utilize their CSDs on a specific work day without prior review and approval by the department of administrative services.

(3) Employees will schedule leave for CSDs in a manner determined by their appointing authority. Appointing authorities may set agency-specific criteria to determine whether or not to grant leave for CSDs for the dates the employee requests. If an appointing authority declines to grant a requested CSD, the employee shall request a different date. Appointing authorities must allow employees to schedule and take all of their CSDs before June 5, 2021.

(4) Employees who have planned retirement dates must schedule a prorated amount of CSDs equal to 3.076 hours each pay period they are scheduled to work in state service prior to retirement.

(5) Employees may use available CSDs to cover any waiting period that is required as part of a state-paid leave or benefits program for employees, such as adoption/childbirth leave or disability leave. For purposes of this rule, a CSD is only "available" for use during a waiting period if the employee's gross pay has been reduced by an amount sufficient to cover the use of the CSD.

(E) The impact of CSDs on overtime and compensatory time.

(1) CSDs shall not be included in the definition of active pay status for the purpose of earning overtime or compensatory time for employees who are eligible to earn overtime.

(2) CSDs shall be included in the definition of active pay status for the purpose of earning compensatory time for employees that are not eligible to earn overtime.

(F) Equalization.

(1) Except as provided in paragraph (F)(2) of this rule, employees who are prevented by their appointing authority from taking CSDs shall have the appropriate corrections made to their paycheck.

(2) Employees shall not be entitled to receive compensation for unused CSDs if they are exempt from overtime compensation and are:

(a) In pay range fourteen or above on the E-1 scale;

(b) Annually paid $66,061 or above on the E-2 scale;

(d) Working in the governor's office.

(3) Employees who leave state service prior to the equalization of CSDs used and deductions made, or prior to the equalization of holiday pay lost and deductions made, shall have appropriate corrections made to the employee's final paycheck or deducted from the employee's leave balances.

(G) Unpaid leave of absence. Employees who have prescheduled unpaid leave of absences shall use available CSDs prior to going out on the unpaid leave of absence. Employees who are not receiving compensation as a result of an unpaid leave of absence shall not be required to have their gross pay reduced during the pay periods they are out on unpaid leave. Upon their return to work, employees shall use a prorated amount of CSDs equal to 3.076 hours for each pay period remaining in the fiscal year.

(H) Individuals in the director classification series will not be permitted out of the workplace for CSDs. The appointing authority may designate other individuals who are not permitted out of the workplace for CSDs only with the prior approval of the director of the department of administrative services.

(I) Instead of CSDs, the employees listed in paragraph (H) of this rule, other than the individuals in the director classification series, will not receive holiday pay for any holiday during the fiscal year beginning on July 1, 2020 for a total of eighty hours. The employee's gross pay will be reduced by an amount equivalent to 3.076 hours of the employee's total rate of pay each pay period. This provision shall apply to full-time employees listed in paragraph (H) of this rule who are receiving a paid leave benefit, including but not limited to, occupational injury leave, salary continuation, or disability benefits. Individuals in the director classification series will receive a four per cent pay decrease in lieu of CSDs.

(J) Part-time permanent employees will not receive holiday pay for any holiday during the fiscal year beginning on July 1, 2020 for a total of ten days. Part-time permanent employees will lose their entire amount of holiday pay each pay period that contains a holiday. Part-time permanent employees will be given credit equivalent to four hours only for the purpose of computing leave accrual and calculating the benefits tier.

(K) Leave accruals and health insurance shall not be impacted for full-time employees under the mandatory cost savings program.

(L) The mandatory cost savings program will not impact service credit or the calculation of retention points.

Last updated December 11, 2023 at 9:55 AM

History

Effective: December 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-34-12 Caregiver leave.

(A) As used in section 124.1312 of the Revised Code:

(1) "Foster caregiver" means an eligible employee holding a valid foster home certificate issued under section 5103.03 of the Revised Code, and who is caring for a child in place of the child's parents.

(2) "Kinship caregiver" means an eligible employee who is eighteen years of age or older who has signed an attestation to one of the relationships listed below, and is caring for a child in place of the child's parents;

(a) The following individuals related by blood or adoption to the child:

(i) Grandparents, including grandparents with the prefix "great," "great-great," or "great-great-great";

(ii) Siblings;

(iii) Aunts, uncles, nephews, and nieces, including such relatives with the prefix "great," "great-great," "grand," or "great-grand";

(iv) First cousins and first cousins once removed.

(b) Stepparents and stepsiblings of the child;

(d) A legal guardian of the child;

(e) A legal custodian of the child;

(f) Any nonrelative adult that has a familiar and long-standing relationship or bond with the child or the family, which relationship or bond will ensure the child's social ties.

(3) "Eligible employee" means any permanent full-time or part-time employee paid in accordance with section 124.152 of the Revised Code and each employee listed in division (B)(2), (B)(3), or (B)(4) of section 124.14 or the Revised Code who works thirty or more hours per week. In determining if a permanent part-time employee works thirty or more hours per week, the average number of regular hours worked, which includes all hours of holiday pay and other types of paid leave, during the three-month period immediately preceding the day caregiver leave begins are to be used to determine eligibility for leave under this rule. If an employee has not worked for a three-month period, the number of hours for which the employee has been scheduled per week during the employee's period of employment are used to determine eligibility for leave under this rule.

(4) "Placement" means:

(a) For a foster caregiver, the point in time that the foster caregiver is authorized to provide care for a child by a public children services agency as defined in section 5153.01 of the Revised Code or a private child placing agency as defined in section 2151.011 of the Revised Code,

(b) For a kinship caregiver, the point in time that the child begins living in the kinship caregiver's home for the purpose of the kinship caregiver providing care for a child in place of the child's parents on a permanent or indefinite basis.

(5) "Child" means either of the following:

(a) Any person under eighteen years of age; or

(b) Any person who has been adjudicated by a court of competent jurisdiction as incapable of self-care due to a physical or mental impairment, intellectual disability, or developmental disability.

(6) "Incapable of self-care" has the same meaning as set forth in 29 C.F.R. 825.102.

(B) For the purposes of determining when the leave provided for in section 124.1312 of the Revised Code begins:

(1) If a child is placed before or during the foster caregiver's or kinship caregiver's regularly scheduled work hours, eligibility for caregiver leave will begin on the day the placement occurs.

(2) If a child is placed after the foster caregiver's or the kinship caregiver's regularly scheduled work hours, eligibility for caregiver leave will begin on the next regular work day for the foster caregiver or the kinship caregiver.

(1) Each foster caregiver or kinship caregiver will receive a maximum of five days of caregiver leave in any calendar year regardless of the number of placements or children placed with the foster caregiver or kinship caregiver during the calendar year.

(2) Unused caregiver leave will expire at the end of each calendar year.

(3) Unused caregiver leave does not carry forward at the end of a calendar year.

(4) Caregiver leave cannot be converted to cash, even if it remains unused at the end of the calendar year.

(5) Eligibility for this benefit ends when the child is no longer placed in the person's home or if the employee qualifies for parental leave for the same child.

(D) Procedure to establish eligibility for caregiver leave.

(1) In order to be eligible to use caregiver leave, a foster caregiver or kinship caregiver will provide the appointing authority with either a valid foster home certificate issued under section 5103.03 of the Revised Code or an attestation of a proper kinship relationship as set forth in paragraph (A)(2) of this rule.

(a) The appointing authority will request an updated foster home certificate if the certificate on file with the appointing authority expired or is scheduled to expire in the near future. However, such requests have to be in conjunction with a request to use caregiver leave.

(b) The appointing authority may request an updated attestation of a proper kinship relationship as needed. However, such requests have to be in conjunction with a request to use caregiver leave.

(2) When possible, the foster caregiver or kinship caregiver will establish eligibility for caregiver leave as set forth in paragraph (D)(1), or will give the appointing authority advance notice of the intent to become a foster caregiver or kinship caregiver, prior to their first use of caregiver leave. In other cases, the eligible employee will provide the appointing authority with the documentation set forth in paragraph (D)(1) of this rule within two working days of returning to work following their first use of caregiver leave.

(3) Caregiver leave requested by an eligible foster caregiver or kinship caregiver will be granted by the appointing authority up to the maximum amount of caregiver leave available to the requester at the time of the request. Caregiver leave can be used in units of one-tenth of an hour.

(E) Caregiver leave is active pay status for purposes of determining overtime and receiving other benefits.

(F) Interaction with other types of leave.

(1) Use of caregiver leave does not impact an employee's eligibility to receive holiday pay.

(2) An otherwise eligible employee who is receiving workers' compensation is not eligible to use caregiver leave while receiving workers' compensation benefits.

(3) An otherwise eligible employee who is receiving disability leave or parental leave benefits is not eligible to use caregiver leave while receiving disability leave or parental leave benefits. An otherwise eligible employee is not eligible to use caregiver leave during an employee's waiting period for disability leave benefits.

(4) An otherwise eligible employee who is receiving occupational injury leave or salary continuation is not eligible to use caregiver leave while receiving occupational injury leave or salary continuation benefits.

(5) Caregivers who are also eligible for FMLA leave will have their caregiver leave count concurrently as FMLA leave only in circumstances described below:

(a) Bonding with recently placed foster child: Caregiver leave will count concurrently as FMLA leave for foster caregivers who use caregiver leave to bond with a recently placed foster child, within twelve months of the child's placement. Caregiver leave used by kinship caregiver to bond with a recently placed child will not count concurrently as FMLA leave.

(b) To provide for a foster child or a child under kinship care with a serious health condition: Caregiver leave will count concurrently as FMLA leave for foster caregiver or a kinship caregiver who uses leave to care for a child with a serious health condition who has been placed in the employee's care as described in paragraph (A)(1) of this rule.

Last updated December 19, 2023 at 8:46 AM

History

Effective: December 19, 2023
Promulgated Under: 119.03

Chapter 123:1-35 Payroll

Ohio Adm.Code 123:1-35-01 Mandatory direct deposit of compensation for certain employees.

Any employee paid by warrant of the director of budget and management who fails to provide written authorization for payment of compensation by direct deposit within two weeks of appointment or hire, or fails to update such written authorization within two weeks of the prior authorization no longer being valid for any reason, will be subject to progressive discipline for cause, up to and including removal. Such disciplinary action will be done in accordance with section 124.34 of the Revised Code or a collective bargaining agreement, if applicable.

Last updated December 11, 2023 at 9:56 AM

History

Effective: December 10, 2023
Promulgated Under: 119.03

Chapter 123:1-37 Pay Supplements

Ohio Adm.Code 123:1-37-01 Employees eligible for pay supplements.

(A) Each state employee paid under salary Schedule E-1 of section 124.152 of the Revised Code is eligible for pay supplements as provided for in section 124.181 of the Revised Code.

(B) Each request for additional pay supplements will be submitted to the director by the appointing authority or the employee on the prescribed form. The effective date for such supplements will be set by the director, upon adequate proof of eligibility.

Last updated April 3, 2023 at 8:38 AM

History

Effective: April 3, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-37-02 Computation of pay supplements.

Additional pay supplements, unless otherwise specifically provided for in this chapter or division (D) of section 124.15 of the Revised Code will be computed for all eligible employees by using the minimum hourly rate of the pay range for the classification to which the employee is assigned. This rate will be known as the classification salary base. The amount of each supplement will be computed independently for each pay period, and will be computed to the nearest whole cent.

Last updated April 3, 2023 at 8:39 AM

History

Effective: April 3, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-37-04 Hazard pay.

(A) The granting of hazard pay is subject to the approval of the director, and justification will be submitted prior to the payment of this supplement as prescribed by the director.

(B) A hazardous condition may be of a permanent or temporary nature, and the duties performed under hazardous conditions rather than the classification itself determines the hazard supplement. A hazardous condition which exists for all positions in a classification is compensated for in the pay range level assigned to that classification. Such normal hazards as are inherent in the classification will not be compensated further by this supplement.

(C) A permanent hazard is a condition which exists when an employee is performing duties which either by nature or location place the employee in a situation for which the probability of an incident involving personal injury is continuous, and is not common to the duties of that classification.

(D) A temporary hazard is a condition which exists on an infrequent basis when an employee is performing duties which either by their nature or location place the employee in a situation for which there is a probability of an incident involving personal injury, and is not common to the duties of that classification.

(E) The hazard pay supplement will vary in proportion to accident severity as follows :

	HAZARD LEVEL	PAY SUPPLEMENT
(1)	Unusual hazard condition	5%
(2)	Considerable hazard condition	7 1/2%
(3)	Exceptional hazard condition	10%

(F) The director will categorize hazardous conditions for each classification from information received into the above-mentioned hazard levels. Hazard severity will be established through OSHA and Bureau of Workers' Compensation statistics.

(G) All instances of hazard pay supplement inclusive in payroll are subject to audit by the director, and the authorization for the hazard pay supplement may be withdrawn at any time by the director if the hazardous conditions which existed for the job at the time of original hazard pay authorization have substantially changed.

Last updated April 3, 2023 at 8:39 AM

History

Effective: April 3, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-37-06 Bilingual pay supplement.

Positions eligible for the bilingual pay supplement will include as essential to the fulfillment of the duties, the ability to speak and/or write a language in addition to English, and this will be reflected on the position description approved by the department of administrative services. The bilingual pay supplement will equal five percent for each foreign language required for the position and/or alternative language such as the ability to read/write in braille or communicate in sign language.

Last updated April 3, 2023 at 8:39 AM

History

Effective: April 3, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-37-07 Temporary working level pay adjustment.

(A) Each employee that is temporarily assigned to duties of a position with a higher pay range than is the employee's own is eligible for a working level pay adjustment. This pay adjustment increases the employee's base rate of compensation to a rate of pay approximately four per cent above the employee's current base rate of compensation. This pay adjustment is calculated using the employee's normal classification salary base and is in no way affected by any other pay supplement.

(B) This working level adjustment is for a continuous period of more than two weeks, up to two years.

Last updated April 3, 2023 at 8:39 AM

History

Effective: April 3, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-37-08 Professional achievement pay supplement.

(A) Professional achievement is either special technical certification granted by a recognized, accredited institution, or registration, or licensure granted by a recognized, duly authorized board or commission. Professional achievement excludes proficiencies gained through in-service training courses; certification, registrations, and licensures in areas not requiring special or extensive or substantive training; and any other conditions prescribed by the director.

(B) The particular type of professional achievement will be mandated for the position by federal or state law or regulation. A similar mandate by an appointing authority is precluded from eligibility for the professional achievement pay supplement. The professional achievement pay supplement will not be granted to those employees assigned to classifications which include a requirement and compensation for such special certification, registration, or licensure.

Last updated April 3, 2023 at 8:39 AM

History

Effective: April 3, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-37-09 Teacher's educational attainment supplement.

(A) Educational attainment: Each employee assigned to an educational position as listed in division (L) of section 124.181 of the Revised Code, whose principal job duty is teaching, as determined by the director, may receive an educational pay supplement for job related education above the bachelor's degree level at an accredited academic institution. This pay supplement, once granted to the employee, remains in effect only so long as the employee's regular job assignment and classification remains unchanged. This pay supplement varies with the educational level as follows:

	EDUCATIONAL LEVEL ATTAINED	SUPPLEMENTAL PACKAGE
(1)	Bachelor's degree plus 20 quarter (or equivalent semester) hours of post graduate work	+ 2 1/2%
(2)	Master's degree	+ 7 1/2% (2 1/2% + 5%)
(3)	Master's degree plus 30 quarter (or equivalent semester) hours of post graduate work	+ 10% (7 1/2% + 2 1/2%)

(B) Master teacher supplement: Whether an employee is performing as a master teacher pursuant to division (L)(4) of section 124.181 of the Revised Code is to be determined by the director as evidenced by the employee's official position description, the employee's appointing authority, and a formal consensus among the teacher's working associates and supervisor(s). A master teacher is that exceptional teacher in the school who, because of extended experience or a unique post-graduate education, or both, acts as the non-supervisory lead teacher in the school. The master teacher may advise supervisors, counsel associates, or provide informal direction to an educational program.

(C) Special education supplement: For purposes of the pay supplement listed in division (L)(5) of section 124.181 of the Revised Code, a special education teacher is one certified as special education teacher who is teaching exceptional students.

Last updated April 10, 2026 at 7:47 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Chapter 123:1-39 Educational Stipends and Tuition Reimbursement

Ohio Adm.Code 123:1-39-01 Professional development fund.

(A) All full-time permanent and part-time permanent employees of a participating agency, who are paid directly by warrant of the director of budget and management and are exempt from collective bargaining coverage, are eligible to participate in programs funded by the professional development fund.

(B) Professional development is education or training that builds or improves an employee's capabilities. Payments for professional development will be used for tuition reimbursement for educational assistance programs such as college courses, conferences, continuing education instruction, seminars, and webinar trainings successfully completed; professional licenses and certifications; and professional membership fees and/or dues.

Last updated December 3, 2024 at 8:34 AM

History

Effective: December 3, 2024
Promulgated Under: 119.03

Ohio Adm.Code 123:1-39-06 Educational stipends.

Full-time stipendiary arrangements, when an agency has funds available for this purpose, may be made for employees paid by warrant of the director of budget and management, at an approved educational institution. Such arrangements will normally be made for periods of at least one academic term or quarter but not more than two academic years. The stipend will not exceed regular salary plus tuition, books, and related school expenses. Under a stipendiary program, the employee will sign an agreement to work for the employing state agency for a period of time at least equal to the length of the stipend program and the agreement will provide for repayment of all or a portion of the stipend if the employee fails to maintain employment for the required term. Repayment may be waived by the appointing authority when warranted by exceptional circumstances. Use of this program will be limited to fields of study in which the employee is working. Each appointing authority will maintain regular reports, and make them available to the director upon request, showing the number of employees receiving a stipend under this provision and the type, cost, and amount of education received.

Last updated December 3, 2024 at 8:34 AM

History

Effective: December 3, 2024
Promulgated Under: 119.03

Ohio Adm.Code 123:1-39-07 Tuition reimbursement.

An employee paid by warrant of the director of budget and management who takes a course at an approved educational institution may be reimbursed from agency funds for tuition expenses upon satisfactory completion of the course. Satisfactory completion will be determined based upon the criteria established by the approved college or university in question for completion of the course. Approval for each such course will be obtained by the employee from the appointing authority before the beginning of the course. Payment will be by reimbursement of tuition expenses after satisfactory completion of the course.

Last updated December 3, 2024 at 8:35 AM

History

Effective: December 3, 2024
Promulgated Under: 119.03

Chapter 123:1-41 Layoffs

Ohio Adm.Code 123:1-41-01 Layoffs.

(A) Employees in the classified civil service of the state and state-supported colleges and universities may be laid off whenever a reduction in force is necessary due to a lack of funds, lack of work, or the abolishment of positions.

(B) If it becomes necessary for an appointing authority to reduce its work force, the appointing authority will lay off employees in accordance with sections 124.321 to 124.327 of the Revised Code and the rules of this chapter of the Administrative Code.

(C) If an appointing authority abolishes positions in the civil service, the abolishment of positions and any resulting displacement of employees will be made in accordance with sections 124.321 to 124.327 of the Revised Code and the rules of this chapter of the Administrative Code.

Last updated December 1, 2022 at 10:33 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-02 Determination of lack of funds and lack of work for agencies whose employees are paid by warrant of the director of budget and management.

(A) Determination of lack of funds. The director of the office of budget and management will be responsible for determining whether a lack of funds exists for appointing authorities whose employees are paid by warrant of the director of budget and management. The determination of lack of funds will be made in accordance with the rules promulgated by the director of budget and management.

(B) Determination of lack of work. The director of administrative services determines whether a lack of work exists for appointing authorities whose employees are paid by warrant of the director of budget and management. The appointing authority files along with a request for determination of lack of work, adequate information to establish that a lack of work exists. Such information may consist of a comparison between current or projected work levels and work levels when a lack of work did not exist, which may include statistical data and additional supporting materials.

(C) Verification of retention points. Verification of retention points will not be completed prior to a determination that a lack of work or lack of funds exists.

Last updated December 1, 2022 at 10:33 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-04 Abolishment of positions in the classified service.

(A) Reasons for abolishment. An appointing authority may abolish positions in the classified civil service for any of the following reasons: as a result of a reorganization for the efficient operation of the appointing authority; for reasons of economy; or for lack of work.

(B) Determination and filing a statement of rationale and supporting information. The determination to abolish positions will be made by the appointing authority. The appointing authorities of state agencies whose employees are paid by warrant of the director of budget and management will file with the director of administrative services a statement of rationale and supporting information for the determination to abolish positions. The statement of rationale and supporting information will contain information as is available prior to the time the layoff notices are mailed or delivered to the employees to be laid off as a result of the abolishments.

Last updated December 1, 2022 at 10:33 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-06 Determination by appointing authority of classifications for layoff.

Whenever a reduction in the work force is necessary, the appointing authority determines the classification or classifications in which the layoff or layoffs will occur and the number of employees to be laid off within each classification.

Last updated December 1, 2022 at 10:34 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-07 Order of layoff of employees.

(A) Appointment categories established. For purposes of this chapter the appointment categories and order of layoff of employees are as follows: part-time probationary, part-time permanent, full-time probationary, and full-time permanent.

(B) Progression of layoff. Layoffs will be based upon retention point order beginning with the employee having the fewest retention points and continuing to the employee with the most retention points. Retention point lists will be compiled in descending retention point order. In cases where two or more employees have identical retention points the tie will be broken in accordance with rule 123:1-41-09 of the Administrative Code.

(C) Order of layoff. In the classification(s) selected for layoff the appointing authority will layoff employees and employees will displace employees using the following "order of layoff":

(1) Part-time probationary employees in the same classification who have not completed their probationary period or six months of continuous service in the position, whichever is longer.

(2) Part-time permanent employees in the same classification who have completed their probationary period or six months of continuous service in the position, whichever is longer.

(3) Full-time probationary employees in the same classification who have not completed their probationary period or six months of continuous service in the position, whichever is longer.

(4) Full-time permanent employees in the same classification who have completed their probationary period or six months of continuous service in the position, whichever is longer.

Last updated December 1, 2022 at 10:34 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-09

(A) Assignment of retention points for continuous service. Employees will be assigned a base of one hundred retention points. Computation of retention points for continuous full-time service will be made by crediting each employee with one retention point for each bi-weekly pay period of continuous service. For the purposes of calculating retention points, full-time service includes service as a full-time permanent, full-time seasonal, full-time interim, or full-time temporary employee, for full-time seasonal, full-time interim, or full-time temporary service, credit will be given only for those pay periods in which the employee was scheduled to work. If an employee is in a full-time position at any time during a pay period, they are considered full-time for the entire pay period.

Retention points for continuous service for other than full-time service will be calculated on the basis of one-half (0.50) point for each bi-weekly pay period of continuous service.

Retention points computed for full-time continuous service and other than full-time continuous service, whenever applicable, will be combined to determine an employee's total retention points. Overtime will not be considered for purposes of computation of retention points for continuous service.

(B) Tie breaker. In the event two or more employees have identical retention points as calculated by this rule, the tie will be broken by utilizing the following methods, in the following order:

(1) First, employees having most recent date of continuous service from which no break in service has occurred will be laid off or displaced first; and

(2) Second, the appointing authority determines the employee to be laid off or displaced first.

(C) Continuous service of employees. In the event an employee is transferred, the employee's length of continuous service will be deemed unbroken so long as no break in service occurs from one layoff jurisdiction to another. In the event an employee is transferred from one appointing authority to another or receives an appointment with another appointing authority, e.g., from one state agency to another, from a county office to a state agency, from a state agency to a state-supported college or university, etc., the employee's length of continuous service will be deemed unbroken so long as no break in service occurs from one appointing authority to another. "Continuous service" and "break in service" are defined in paragraph (A) of rule 123:1-47-01 of the Administrative Code.

Last updated December 1, 2022 at 10:34 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-08 Verification of retention points.

(A) General. This rule is only applicable to positions in the service of the state. Employees will be laid off using the following process for systematic consideration of continuous service. An employee's total retention points will be the sum of the base retention points plus the retention points assigned for continuous service.

(B) Computation of retention points. The appointing authority computes the total retention points for each employee in the classifications affected by a layoff or position abolishment, including the classifications in which displacement may occur.

If an appointing authority indicated a different continuous service date for which retention points are calculated than the date indicated by the director, then the difference will be supported by documentation and be submitted with the list.

(C) Date for calculation of retention points. Retention points will be calculated as of the pay period ending date prior to the pay period in which retention points are received by the director for verification.

(D) Submission of information to the director. The appointing authority submits the list of employees' computed retention points, the number of pay periods of continuous service for each employee, a list of available vacancies within the same layoff jurisdiction as applicable, statement of rationale, and supporting documentation with the request for verification. Appointing authorities will also provide a breakdown of the dates and number of pay periods of continuous service for employees with a combination of full-time and other than full-time service. This documentation will be used to verify retention points. The list submitted for verification of retention points identifies those persons being considered for layoff and/or the positions being considered for abolishment.

(E) Verification by the director. The director verifies the calculation of retention points of the employees of appointing authorities whose employees are paid by warrant of the director of budget and management. Notification by appointing authorities to affected employees will not occur prior to the director's verification of retention points.

(F) Movement into and out of affected classifications. Once an appointing authority has submitted the list of retention points and employees to the director the appointing authority will not hire into or move employees into or out of affected classifications by means of promotions, intra-transfers, voluntary demotions, position number change, lateral or classification changes, or reassignments, except that inter-transfers out of an agency or implementation of the findings of a position audit commenced prior to the date of the submission of the list for verification of retention points will be implemented.

(G) Personnel actions and recall lists. Personnel action forms and recall lists resulting from a layoff or displacement will be received by the director at least seven calendar days prior to the effective date of a layoff or displacement. Appointing authorities whose employees are paid directly by warrant of the director of budget and management will include all forms submitted by the employee indicating the counties the employee designated as acceptable for recall purposes for reinstatement or reemployment with the personnel action forms.

(H) Notice of layoff, displacement, and sick leave conversion forms. A copy of the notice of layoff or displacement to employees will be forwarded to the director with the personnel actions resulting from a layoff. If an employee had displacement rights in a layoff the appointing authority indicates to the director whether or not the employee exercised those displacement rights. If the employee did not exercise displacement rights or the employee did not notify the appointing authority of a desire to exercise displacement rights, the personnel action forms or other appropriate forms, will indicate that fact.

Last updated April 10, 2026 at 7:45 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-47-01

(A) Terms used in Chapters 123:1-1 to 123:1-47 of the Administrative Code that are not defined in Chapter 124. of the Revised Code are defined as follows:

(1) "Abolishment" - the permanent deletion or removal of an encumbered position or positions from the organization or structure of an appointing authority due to a lack of continued need for a position, as a result of a reorganization for the efficient operation of the appointing authority, for reasons of economy, or due to a lack of work.

(2) "Active pay status" - 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, compensatory time, holidays, and personal leave. For the purpose of determining overtime or compensatory time for an employee who is eligible for overtime compensation, active pay status does not include sick leave or leave used in lieu of sick leave.

(3) "Active work status" - the conditions under which an employee is actually in a work status and is eligible to receive pay but does not include vacation pay, sick leave, bereavement leave, compensatory time, holidays, personal leave, and disability leave.

(4) "Adversely affected " - for the purpose of reclassification means any change for an employee in the service of the state that results in a new classification, pay range, or salary.

(5) "Agency" - any unit of government, including a board or commission, headed by an officer or group having the power to appoint employees.

(6) "Allocation" - the assigning of a position or job to a classification within a classification plan.

(7) "Appointing authority" - the officer, commission, board, or body having the power of appointment to, or removal from, positions in any office, department, commission, board, or institution.

(8) "Appointment categories" - the appointment designation of a position such as part-time temporary, full-time temporary, intermittent, part-time seasonal, full-time seasonal, part-time permanent, and full-time permanent.

(9) "Available vacancy" - an existing funded position, not currently filled by an incumbent that the appointing authority desires to fill. The existence of vacant positions on an appointing authority's table of organization or roster of positions will not mean that a position is an available vacancy.

(10) "Base rate of compensation" - the pay range and step rate paid an employee.

(11) "Base rate of pay" - any of the following:

(a) As used in schedule B or C of section 124.15 of the Revised Code or schedule E-1 or E-2 of section 124.152 of the Revised Code:

(i) The rate of pay established under schedule B or C of section 124.15 of the Revised Code, or the rate of pay established under schedule E-1 or E-2 of section 124.152 of the Revised Code,

(ii) Plus, any supplement provided under section 124.181 of the Revised Code,

(iii) Plus, any supplements enacted into law, and that are added to schedule B or C of section 124.15 of the Revised Code, or that are added to schedule E-1 or E-2 of section 124.152 of the Revised Code.

(b) As used in rule 123:1-7-22 of the Administrative Code, rule 123:1-33-01 of the Administrative Code and rule 123:1-46-06 of the Administrative Code:

(i) The rate of pay established under schedule B or C of section 124.15 of the Revised Code, or the rate of pay established under schedule E-1 or E-2 of section 124.152 of the Revised Code;

(ii) Plus, the supplement provided under division (E) of section 124.181;

(c) For those persons paid by warrant of the director of budget and management, but not paid under schedule B or C of section 124.15 of the Revised Code or schedule E-1 or E-2 of section 124.152 of the Revised Code, the employee's actual rate of pay.

(12) "Break in service" - a separation from service of thirty-one days or more. An authorized leave of absence, granted pursuant to rule 123:1-34-01 of the Administrative Code, or any separation from service that carries with it the right to reinstatement, or reemployment as a result of a layoff, will not constitute a break in service, provided the employee is reinstated or reemployed within the allowable time. The time the employee was separated will not be counted towards the calculation of retention points for continuous service.

(13) "Certification" - the process of providing to an appointing authority the names on an eligible list, jurisdictional layoff list, or an agency layoff list.

(14) "Certified employee" - a classified employee appointed to a position from a certification eligible list or the operation of section 124.26, 124.27, or 124.271 of the Revised Code. An employee who is certified in the classified service has permanent status, except than an employee appointed from an eligible list does not obtain permanent status until the employee successfully completes their initial probationary period.

(15) "Classification" - a group of positions sufficiently similar in respect to duties, responsibilities, authority, and qualifications so that the same descriptive title may be used for each, the same pay range assigned, and the same examinations conducted.

(16) "Classification change" - a change in an employee's classification title that results in a promotion, demotion, lateral move to a different classification with the same pay range, or reassignment to another classification.

(17) "Classification plan" - a system of classifications that may include pay range assignment for each classification.

(18) "Classification salary base" - the minimum hourly rate of the pay range for the classification to which the employee is assigned.

(19) "Continuous service" - the uninterrupted service of an employee with a state agency, a county office, or a state-supported college or university where no break in service occurs. For purposes of state paid life insurance, dental insurance, vision insurance, and disability leave benefits, continuous service means the uninterrupted service in which an employee is paid directly by warrant of the director of budget and management where no break in service occurs.

(20) "Days" - calendar days unless specified otherwise.

(21) "Demotion" - the movement of an employee at the request of the appointing authority or the employee, from one position to a vacant position that is assigned to a different classification and a lower pay range, or lower salary where pay ranges do not exist. For the purposes of this definition, a lower pay range is determined by comparing the step one rates of the relevant pay ranges.

(22) "Director" - the director of administrative services.

(23) "Disability leave" - the leave granted pursuant to section 124.385 of the Revised Code.

(24) "Disability retirement" - a separation granted by a state retirement system retaining reinstatement rights per appropriate section of the Revised Code.

(25) "Displacement" - for purpose of layoffs and job abolishments the process by which an employee with more retention points exercises the right to take the position of another employee with fewer retention points pursuant to the provisions of Chapter 123:1-41 of the Administrative Code. Displacement occurs the date an employee is notified that another employee has exercised the right of displacement and that the employee with fewer retention points is to be displaced.

(26) "Educational institution" - an institution that is approved by nationally recognized accrediting agencies.

(27) "Eligible list" - a list of names and scores of individuals who have taken an examination for a specific classification.

(28) "Full-time employee" - an employee whose regular hours of duty total eighty hours in a pay period in a state agency or any standard accepted as full time by the appointing authority.

(29) "Headquarters county" - the county that the appointing authority has determined and indicated, on the position description for each position or by other appropriate means, to be the headquarters county. The determination will be based on the status of the position as the primary location where the employee assigned to the position receives direction, performs the substantial duties of the position, or where the employee's work flow is centered.

(30) "Immediate family" - an employee's spouse or significant other ("significant other" as used in this definition means one who stands in place of a spouse and who resides with the employee), parents, children, grandparents, siblings, grandchildren, brother- in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, father-in-law, step-parents, step-children, step-siblings, or a legal guardian or other person who stands in the place of a parent (in loco parentis).

(31) "Intermittent " - work for less than one thousand hours per fiscal year, or for the duration of a specific project or grant that may exceed one thousand hours in a fiscal year.

(32) "Inter-transfer" - the act of changing an employee from one agency to another agency with a different over-all appointing authority that may be accompanied by promotion, demotion, or lateral classification change.

(33) "Intra-transfer" - the act of changing an employee from one position to another within the same agency or over-all appointing authority, requiring a change in headquarters county that may be accompanied by promotion, demotion, or lateral classification change.

(34) "Lack of funds" - an appointing authority has a current or projected deficiency of funding needed to maintain current or sustain projected levels of staffing and operation.

(35) "Lack of work" - an appointing authority has a current or projected decrease in workload or work requirements that will cause a reduction in current or projected staffing levels in its organization or structure.

(36) "Lateral " - movement of an employee, with the employee's consent, from one classification to another classification that is assigned to the same pay range or to a pay range in which the step one rate is the same as the step one rate as the classification from which the employee moves.

(37) "No-pay status" - the conditions under which an employee is ineligible to receive pay, and includes, but is not limited to, leave without pay and the period an employee is receiving disability leave benefits or workers' compensation benefits.

(38) "Parenthetical subtitle" - a group of positions logically falling within a general classification, but distinguishable from other positions within that classification by the performance of specific functions or duties requiring specialized skill, knowledge, or training.

(39) "Part-time employee" - an employee whose regular hours of duty are less than eighty hours in a pay period in a state agency or less than any accepted full-time standard accepted by the appointing authority.

(40) "Pay period" -, for state agencies, the fourteen-day period of time during which the payroll is accumulated, as determined by the director.

(41) "Pay range" - a division of a salary schedule to which classifications of positions are assigned.

(42) "Permanent employee" - any person holding a position that necessitates working a regular schedule of twenty-six consecutive bi-weekly pay periods, or any other regular schedule of comparable consecutive pay periods, which is not limited to a specific season or duration. It does not include student help, intermittent, temporary, seasonal, external interim, or individuals covered by personal service contracts.

(43) "Position" - the group of job duties intended to be performed by an individual employee as assigned by the appointing authority.

(44) "Position number" - a unique number assigned to each employment position within an agency by the appointing authority used to identify each position.

(45) "Position number change" - the movement of an employee from one specific employment position to another within the same agency. A position number change may be accompanied by a promotion, demotion, lateral class change, or intra-transfer.

(46) "Probationary period" - either the period of time at the beginning of an original appointment or the period of time immediately following a promotion, which constitutes a trial or testing period for the employee, during which the employee may be terminated.

(47) "Promotion" - the movement of an employee from one position to a vacant position that is assigned to a different classification and a higher pay range, or higher salary where pay ranges do not exist. For the purposes of this definition, a higher pay range is determined by comparing the step one rates of the relevant pay ranges.

(48) "Reassignment" - the act of changing the classification assigned to an employee. This may be the result of change in or addition of classifications to the classification plan, or by action of the department of administrative services, in assigning a different classification title as a result of a position audit or a classification change.

(49) "Reclassification" - the act of changing the classification of an existing position. The employee, if left in the position, will be reassigned to the new classification.

(50) "Reduction" - a change of the classification held by an employee to one having a lower base pay range, a change to lower step within a salary range, or any decrease in compensation for an employee. For purposes of layoff, a "reduced employee" is one serving in a classification lower than the one from which the employee was laid off or displaced.

(51) "Reinstatement" - the act of returning a person to the same appointing authority within the allowable time, following a period of separation or a leave of absence, retaining seniority and status. For purposes of layoff, "reinstatement" means the act of selecting from the appointing authority's layoff list individuals to return to active service with the same appointing authority in the same classification series of layoff.

(52) "Removal" - the termination of an employee's employment by the appointing authority.

(53) "Resignation" - a voluntary separation from state service by the employee.

(54) "Retirement" - a separation from state service in which the employee receives retirement benefits from a state retirement system.

(55) "Seasonal " - working a certain regular season or period of each year performing some work or activity limited to that season or period of the year.

(56) "Suspension" - a disciplinary action resulting in temporary deprivation of employment without pay as a punitive or disciplinary measure.

(57) "Temporary appointment" - an appointment for a limited period of time, fixed by the appointing authority and approved by the director for a period not to exceed one hundred twenty days, except as allowed in section 124.30 of the Revised Code.

(58) "Total rate of pay" - the base rate of compensation plus all pay supplements.

(59) "Unclassified service" - the offices and positions identified as unclassified in section 124.11 of the Revised Code. Appointment to a position in the unclassified service may be made at the discretion of the appointing authority and the incumbent may be removed, suspended, or reduced from the position at the pleasure of the appointing authority.

(60) "Working suspension" - a disciplinary action in which an employee reports to work and receives compensation, but such period will be recorded as a suspension.

Last updated April 10, 2026 at 7:48 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-10 Notification of layoff or displacement.

(A) Notification of layoff or displacement. Each employee to be laid off will be given advance written notice by the appointing authority after the employee's retention points have been verified by the director. Such written notice will be hand-delivered to the employee at least fourteen calendar days before the effective date of layoff or displacement and the day of the hand-delivery will be the first day of the fourteen day period. Such written notice may instead be mailed by certifed mail to the employee's last know address on file with the appointing authority. If mailed, such notice will be mailed at least seventeen calendar days before the effective date of the layoff or displacement. The day the letter is mailed will be the first day of the seventeen-day period.

(B) Content of layoff or displacement notice. Each notice of layoff or displacement will contain the following information:

(1) The reason for layoff or displacement;

(2) The effective date of the layoff or displacement;

(3) The employee's accumulated retention points;

(4) The right of the employee to appeal a layoff or displacement to the state personnel board of review and that the appeal be filed or postmarked within ten calendar days after the employee is notified that he or she is to be laid off or displaced;

(5) A statement advising the employee of the right to displace another employee and that the employee will exercise displacement rights within five calendar days of the date the employee is notified of the displacement or layoff;

(6) A statement advising the employee of the right to reinstatement or reemployment;

(7) A statement that, upon request by the employee, the appointing authority will make available a copy of Chapter 123:1-41 of the Administrative Code;

(8) A statement that the employee is responsible for maintaining a current address with his or her appointing authority;

(9) A statement that the employee may have the option to convert accrued unused leave, if such opportunity to convert leave exists; and

(10) For employees of state agencies, boards, or commissions, a statement that the employee has the option to select the counties within the layoff district that the employee desires to be on the recall lists.

Last updated December 1, 2022 at 10:35 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-11 Displacement and appeal rights of employees.

(A) Exercising of option to displace. An employee who is to be laid off, or displaced as a result of a layoff, may exercise displacement rights under the provisions of this chapter or be laid off. Displacement occurs on the date an employee is notified that another employee has exercised his or her right of displacement and that the employee with fewer retention points is to be displaced. A displaced employee may exercise the right to displace another employee if such right to displace exists. Displacement rights of an employee may only be exercised within the employees appointing authority and within the layoff jurisdiction as established in this chapter. If the displaced employee does not have the right to displace another employee, then the displaced employee will be laid off.

(B) Displacement related to the abolishment of a position. Any displace of an employee paid by warrant of the director of budget and management to another headquarter county within the same layoff jurisdiction due to the abolishment of positions and the operation of this chapter will not be construed to be a transfer.

(C) Time to exercise displacement rights. Employees will notify their appointing authorities, in writing, of their intention to exercise their displacement rights within five calendar days after receipt of notice of layoff or displacement.

(D) Displacement of employee with fewest retention points. Within the order of displacement set forth in rule 123:1-41-12 of the Administrative Code a laid-off employee exercising displacement rights displaces the employee with the fewest retention points. Employees will only have the right to displace employees with fewer retention points in the order established in rule 123:1-41-07 of the Administrative Code.

(E) Classifications with parenthetical subtitles. For purposes of displacement, the parenthetical subtitles of a classification are deemed separate, but equivalent, classifications. Employees in positions with a parenthetical subtitle may displace into the classification(s) in the classification series with the equivalent or lower pay range(s). Employees in positions in a classification series that contains parenthetical subtitles may displace employees in positions with parenthetical subtitles.

Any displacement rights into or from positions with parenthetical subtitles are subject to the displacement provisions of this chapter.

(F) Displacement into positions with special qualifications. No employee displaces an employee for whose position or classification has special minimum qualifications unless the employee desiring to displace another employee possesses the requisite minimum qualifications or bona fide occupational qualifications for the position or the classification. The special qualifications will be established by a position description for the position, by classification specification minimum qualifications statement, or by bona fide occupational qualifications for the position(s) or classification. The appointing authority will be responsible for establishing the necessity of special qualifications for a position.

(G) Rate of pay for an employee following displacement. An employee exercising displacement rights to a position, or an employee displaced as a result of a layoff or abolishment, will be paid according to the pay range assigned to the classification into which the employee displaced or was displaced. The employee will be assigned to a rate in the pay range assigned to the new classification which is equivalent or nearest to, but not exceeding, the rate the employee was paid in his or her prior classification. If the rate the employee was assigned in his or her prior classification exceeds the highest rate in the pay range assigned to the new classification the employee will be assigned the highest rate assigned to the new classification.

(H) Appeal rights. A classified employee may appeal a layoff, or a displacement which is the result of a layoff, to the state personnel board of review. Such appeal will be filed or postmarked no later than ten calendar days after the employee receives notice of the layoff or the date the employee is displaced. An employee will be considered displaced the date the employee is notified that another employee has exercised his or her right to displace the employee from the employee's position. An appeal will be made in accordance with the rules promulgated by the state personnel board of review.

Last updated December 1, 2022 at 10:35 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-12

Employees in the service of the state who are laid-off or displaced as a result of a layoff who have the right to displace shall exercise their displacement rights in the following order:

(A) Displacement within the classification. An employee who is to be laid off or displaced may fill an available vacancy, or if no vacancy exists, displace within his or her classification. If the employee exercises the right to displace within his or her classification, he or she displaces the employee with the fewest retention points in that classification.

(B) Displacement within the classification series. An employee who is to be laid off or displaced may fill an available vacancy, or if no vacancy exists, displace the employee with the fewest retention points in the next lower and then successively lower classifications in the classification series. This process continues, if necessary, until the employee with the fewest retention points in the lowest classification of the classification series has been reached and, if necessary, laid off.

(C) Displacement to a classification previously held. An employee who is to be laid-off or who is displaced may fill an available vacancy, or if no vacancy exists, displace the employee with the fewest retention points in the classification the laid-off or displaced employee held immediately prior to his or her current classification, provided the classification is lower or equivalent classification to the employee's current classification.

A laid-off or displaced employee may displace into a classification previously held if:

(1) The laid-off or displaced employee held a position in the previous classification within the three years preceding the date an employee was laid off or displaced; and

(2) The laid-off or displaced employee still meets the minimum qualifications of the previous classification; and

(3) The laid-off or displaced employee has successfully completed his or her original probationary period.

(D) Displacement to another appointment type. Notwithstanding the provisions of this rule, an employee will not have to accept a position with a lesser appointment type until the employee has had the opportunity to exercise displacement rights as provided in rule 123:1-41-11 of the Administrative Code.

(E) Displacement rights of an employee previously displaced. If, after an employee has exercised his or her displacement rights, the employee is to be laid off or displaced due to a subsequent layoff, the employee's displacement rights will be in accordance with the classification from which he or she was first displaced, provided however, the employee has rights to reinstatement or reemployment in his or her previous classification. The employee's displacement rights from a previously held classification exists for a one-year period beginning with the date of the original layoff or displacement or until such time as the employee is removed from a layoff list.

Last updated December 1, 2022 at 10:35 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-13 Layoff jurisdiction districts for state agencies, boards, commissions and independent institutions with employees in the service of the state.

(A) General. Each layoff jurisdiction is autonomous and layoff, displacement, reinstatement, and reemployment rights and procedures apply only within the jurisdiction affected by the layoff. The order of layoff as provided in rule 123:1-41-07 of the Administrative Code applies within each of the layoff jurisdictions.

For purposes of this chapter, an "independent institution" means an institution under the control of a managing officer or board of trustees with the power to appoint or remove employees as provided by statute whose employees are in the service of the state.

(B) District layoff jurisdiction. The order of layoff will be followed on a district-wide basis within each state agency, board, commission, and independent institution for the following districts:

(1) District 1 - Defiance, Fulton, Henry, Paulding, Williams.

(2) District 2 - Erie, Lucas, Ottawa, Sandusky, Wood.

(3) District 3 - Crawford, Huron, Marion, Seneca, Wyandot.

(4) District 4 - Allen, Auglaize, Hancock, Hardin, Mercer, Putnam, Van Wert.

(5) District 5 - Champaign, Clark, Logan, Shelby.

(6) District 6 - Darke, Greene, Miami, Montgomery, Preble.

(7) District 7 - Delaware, Fairfield, Fayette, Franklin, Licking, Madison, Pickaway, Union.

(8) District 8 - Butler, Clermont, Clinton, Hamilton, Warren.

(9) District 9 - Adams, Brown, Gallia, Highland, Jackson, Lawrence, Pike, Ross, Scioto, Vinton.

(10) District 10 - Athens, Hocking, Meigs, Monroe, Morgan, Noble, Perry, Washington.

(11) District 11 - Belmont, Carroll, Coshocton, Guernsey, Harrison, Holmes, Jefferson, Muskingum, Tuscarawas.

(12) District 12 - Ashland, Knox, Morrow, Richland.

(13) District 13 - Medina, Portage, Stark, Summit, Wayne.

(14) District 14 - Ashtabula, Columbiana, Mahoning, Trumbull.

(15) District 15 - Cuyahoga, Geauga, Lake, Lorain.

Last updated December 1, 2022 at 10:35 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-16 Reinstatement rights.

(A) Creation of recall lists for reinstatement. Each appointing authority which has laid-off employees will prepare recall lists of the names and appointment types of the employees laid off. The recall lists will be compiled by the classifications in which the employees were laid off with the names listed in descending retention point order in each appointment category. These lists will be arranged by layoff jurisdiction and be in reverse order of the order of layoff as established in this chapter.

The recall lists will contain the employee's name, type of appointment, retention points, and date of commencement of continuous service. In cases of identical retention point ratings, the order of recall will be the reverse order of the layoff. Any ties of retention points will be broken in accordance with the procedure established in rule 123:1-41-09 of the Administrative Code.

(B) Period of eligibility on layoff lists. An employee's name remains on the appropriate list for a period of one year from the date the employee was first laid off or displaced from his or her original classification. These recall lists will be thereafter administered by the director. Recall lists will be utilized by the appointing authority only within a layoff jurisdiction.

Vacancies that occur in a classification series for which a recall list exists must be accepted or declined in writing by the first person on the recall list for that classification series before the next person on the recall list may be offered a vacancy.

(D) The administration of recall lists for reinstatement to vacancies with position-specific minimum qualifications, established pursuant to rule 123:1-7-04 of the Administrative Code, will comply with the following requirements:

(1) Appointing authorities may request up to five names off the recall list in response to a position that has position-specific minimum qualifications. The first five names, ranked in retention point order, will be sent to the agency.

(2) Appointing authorities will administer a valid proficiency instrument to the first person on the recall list to determine whether the person meets the position-specific minimum qualifications. Therefore, for efficiency, the appointing authority may contact all five people at once asking each one to demonstrate how that person meets the position-specific minimum qualifications attached to the position. The appointing authority notifies each contacted individual that the individuals will only be considered in retention point order. The person with the most retention points that meets the position-specific minimum qualifications will be awarded the position.

(3) After the appointing authority identifies the person with the most retention points that meets the position-specific minimum qualifications, that person must accept or decline the vacancy in writing before the next person on the recall list may be considered for reinstatement. If the person with the most retention points that meets the position-specific minimum qualifications declines the position, and the appointing authority contacted five people at once, the agency may review the next person from the recall list in retention point order.

(4) During the time when five names are released to one appointing authority, the director will continue to send the same five names to other agencies requesting the classification in question.

(E) In no event will any employee on the recall list be offered a position in a classification with a higher pay range assignment or appointment category than that of the classification or appointment category from which the employee was laid off or displaced.

(F) Failure to exercise displacement rights. A laid-off or displaced employee who chooses not to exercise the option to displace will only be entitled to reinstatement to the classification from which the employee was laid off or displaced.

(G) Prohibition of movement into classifications for which recall lists exists. In any layoff jurisdiction in which an appointing authority has any employee on a recall list, the appointing authority shall not hire or promote into the classification or the classification series subject to the recall list. An appointing authority may reassign or transfer employees within a classification and within the layoff jurisdiction for which a recall list exists unless the director determines the reassignment or transfer circumvents the recall process. Transfers of employees will not be made into a different layoff jurisdiction if a recall list exists for that layoff jurisdiction.

(H) Probationary period. Any employee reinstated under this rule will not serve a new probationary period when reinstated; except, any employee laid off or displaced while serving an original or promotional probationary period will begin a new probationary period upon reinstatement.

Last updated December 1, 2022 at 10:35 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-7-04

Last updated April 10, 2026 at 7:42 AM

History

Effective: April 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-17 Reemployment rights.

(A) General. Each laid-off or displaced employee, in addition to the reinstatement rights set forth in this chapter, has the right to reemployment with other agencies within the layoff jurisdiction. The right to reemployment is limited to the same classification from which the layoff or displacement initially occurred.

(B) Creation of recall lists for reemployment. The director creates, by appointment type, a jurisdictional recall list for each classification by combining the recall lists of each appointing authority within a layoff jurisdiction but excluding the names of reduced employees. The name of a laid-off employee appears on a jurisdictional recall list for the classification and appointment category from which the employee was initially laid off or displaced.

In cases of identical retention point totals, those employees having the longest period of continuous state service, will be placed on the list first, and if still unresolved, the director determines the order of names on the list.

An employee's name remains on the jurisdictional recall list for a period of one calendar year from the date the employee was first laid off or displaced from his or her original classification.

The director determines that the appointing authority's recall list for employees entitled to reinstatement to that classification has been exhausted before certifying any name from the jurisdictional recall list.

A vacant position must be accepted or declined in writing by the first person on the jurisdictional recall list for that classification before the next person on the jurisdictional recall list may be considered for reemployment.

(D) The administration of recall lists for reemployment to vacancies with position-specific minimum qualifications established pursuant to rule 123:1-7-04 of the Administrative Code will comply with the following requirements:

(2) Appointing authorities will administer a valid proficiency instrument to the first person on the recall list to determine whether the person meets the position-specific minimum qualifications. Therefore, for efficiency, the appointing authority may contact all five people at once asking each one to demonstrate how that person meets the position-specific minimum qualifications attached to the position. The appointing authority notifies each contacted employee that individuals will only be considered in retention point order. The person with the most retention points that meets the position-specific minimum qualifications will be awarded the position.

(3) After the appointing authority identifies the person with the most retention points that meet the positions-specific minimum qualifications, that person must accept or decline the vacancy in writing before the next person on the recall list may be considered for reemployment. If the person with the most retention that meets the position-specific minimum qualifications declines the position, and the appointing authority contacted five people at once, the agency may review the next person from the recall list in retention point order.

(4) During the time when five names are released to one appointing authority, the director will continue to send the same five names to other agencies requesting the classification in question.

(E) Probationary period. Any employee reemployed under this rule will not serve a probationary period when reemployed; except an employee laid off or displaced while serving an original or promotional probationary period will begin a new probationary period.

Last updated December 1, 2022 at 10:36 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-18 Notification of reinstatement or reemployment.

(A) Notification of recall. Each employee recalled from layoff will be notified of the offer of reinstatement or reemployment by certified letter and in accordance with a format prescribed by the director.

(1) The notice of reinstatement will contain a statement that refusal of reinstatement results in removal of such employee's name from the appointing authority's recall list.

(2) The notice of reemployment will contain a statement that refusal of reemployment results in removal of such employee's name from the jurisdictional recall list.

(3) For vacancies with position-specific minimum qualifications, the notice of reinstatement or reemployment will contain a statement that position-specific minimum qualifications exist and a valid proficiency instrument will be administered to determine that the person qualifies for the vacancy. The notice will also state that failure to meet the position-specific minimum qualifications will result in disqualification for that vacancy, but his or her name will remain on the recall lists.

(B) Period for response. Each recalled employee will be allowed ten calendar days from the date of receipt of the letter to return to work, and such time limit will be explained to the employee in the notification of recall letter.

In the event of extenuating circumstances (e.g., illness, injury, absence from city or state or other good cause as determined by the director) preventing the employee from returning within the above time limit, the employer will grant a reasonable extension, not to exceed sixty calendar days.

In the absence of extenuating circumstances, an employee not accepting reinstatement or reemployment within ten calendar days is deemed to have declined reinstatement or reemployment and the employee's name will be removed from consideration for reinstatement or reemployment in accordance with rule 123:1-41-19 of the Administrative Code.

(C) Current address for purposes of reinstatement and reemployment. The employee is responsible for keeping a current address on file with his or her appointing authority. The appointing authority of state agencies, boards, or commissions will notify the director of any changes in address of employees on recall lists. When the employee's agency no longer exists, the employee is responsible to notify the director of any address changes while on the recall list.

(D) Selection of counties for reinstatement or reemployment. When a state employee is laid off or displaced, he or she may select the county or counties within the affected layoff jurisdiction in which he or she is willing to accept reemployment or reinstatement. If a laid-off or displaced employee designates no counties, the employee will be placed on recall lists for reinstatement or reemployment in all of the counties within his or her layoff jurisdiction.

Last updated December 1, 2022 at 10:36 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-19

(A) Any employee accepting or declining reinstatement to the same classification and appointment type from which the layoff or displacement initially occurred will be removed from both the reinstatement and jurisdictional reemployment recall lists; except that any employee declining reinstatement to a different appointment category than that from which he was laid off or displaced or declining reinstatement for reasons of hardship, as approved by the director will not be removed from either recall lists.

(B) Any employee accepting reinstatement to a classification with a pay range lower than the classification from which the employee was laid off or displaced remains on the appointing authority's recall list for classifications in the classification series with pay ranges higher than the classification to which the employee was reinstated, up to and including the classification from which the employee was laid off.

(C) Any employee declining reinstatement to a classification with a pay range lower than the classification from which the layoff or displacement initially occurred will not be removed from either the appointing authority's recall list or the jurisdictional layoff list; except such employee will thereafter only be offered reinstatement to a classification with a pay range higher than the classification declined, up to and including the classification from which the employee was laid off.

(D) Any employee on the jurisdictional recall list accepting or declining reemployment to the same classification and same appointment type from which the employee was laid off or displaced will be removed from the jurisdictional layoff lists.

(E) Any employee on the jurisdictional recall list accepting or refusing reemployment in a lesser appointment category from which the layoff or displacement occurred will be removed from the jurisdictional recall list for that appointment category and any below.

(F) If not removed under paragraphs (A) to (E) of this rule, the name of any laid-off or displaced employee will be removed from the appointing authority's recall list and the jurisdictional recall list one calendar year after the employee was first laid off or displaced from his original classification. In the event any displaced employee is subsequently laid off or displaced, such employee's name will be removed from the recall lists one calendar year after the subsequent layoff.

Last updated December 1, 2022 at 10:36 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-20 Inspection of layoff lists.

(A) Posting of layoff lists. At least fourteen calendar days prior to any layoff, the appointing authority prepares and posts for inspection in a conspicuous and public place accessible to affected employees a list containing the name, continuous service date, type of appointment, status, classification, and retention points of all employees in that classification and lower classifications in the classification series and indicates thereon which employees will be laid off.

(B) Availability of lists and rules. The appointing authority's layoff list and copies of the administrative rules regarding layoffs will, upon request, be made available for inspection and copying to anyone during normal working hours. A reasonable charge for reproduction may be made.

Last updated December 1, 2022 at 10:36 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-21 Layoff of employees on sick leave, leave without pay, or receiving disability leave benefits.

Last updated December 1, 2022 at 10:37 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-34-01

(1) Classified service. An appointing authority may grant a leave of absence without pay to an employee in the classified service with the approval of the director.

(2) Unclassified service. An appointing authority may grant a leave of absence without pay to an employee in the unclassified service and will report such leave to the director.

(B) Conditions of leave of absence without pay.

(a) Leaves of absence without pay for personal reasons may be granted for a maximum duration of six months.

(4) Return to service.

(b) Unclassified employees. The employee's return to service is within the discretion of the appointing authority, subject to all relevant state and federal law including but not limited to the FMLA.

An adoptive or foster parent's request for leave of absence for purposes of child care will be considered on the same basis as that of a biological parent under similar circumstances.

Last updated December 11, 2023 at 9:53 AM

History

Effective: December 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-22 Cash conversion of accrued leave at layoff, and restoration of leave credit.

(A) General. Any employee who is eligible for a cash conversion of their accumulated leave and who is laid off may have his or her accumulated balances of vacation, personal leave, and sick leave converted to a cash benefit according to the following:

(1) Sick leave and personal leave. Any accumulated unused balances of sick leave and personal leave may be converted to cash in accordance with the rules established in Chapter 123:1-32 of the Administrative Code; and

(2) Any accumulated unused balance of vacation may be converted to a cash payment at the time an employee is laid off.

Payment of any cash conversion made to employees paid by warrant of the director of budget and management will be made according to the provisions of Chapter 123:1-32 of the Administrative Code and the procedures established by the director.

(B) Reinstatement of leaves. Employee's leave balances may only be reinstated if the employee's layoff is disaffirmed by the state personnel board of review and the employee submits a reimbursement for the entire amount of the leave balance previously converted.

Last updated December 1, 2022 at 10:37 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 123:1-41-24 Furloughs.

(A) Pursuant to section 124.29 of the Revised Code, the director may authorize an appointing authority to furlough employees on a non-permanent basis based on a lack of funding from the federal government at the appointing authority's discretion.

(B) Impacted employees. An appointing authority determines which employees are impacted based on the lack of federal funding.

(1) At least fourteen days prior to the implementation of any furlough, the appointing authority provides to the human resources division of the department of administrative services a written explanation regarding the potential furlough. The written statement will include the number of potentially impacted employees. At any time after the written statement is provided, but before the notification to employees, the appointing authority provides the department of administrative services with a list of the employees subject to the furlough. The list will include the employee's name, classification and employee identification number. The appointing authority updates such statement and list of employees as needed.

(2) At least fourteen days before the interruption of the federal funds causing the furlough, the appointing authority will make a general announcement to employees using its usual and customary means of agency-wide communications regarding the proposed furlough. At least two day's written notice will be provided to any identified employee prior to the implementation of the furlough. When practical, longer notice to the impacted employees is encouraged. The notice to the impacted employee will indicate the date the furlough is to begin.

(3) During a furlough, an impacted employee will not report to work. Impacted employees will be notified by the appointing authority of the date the employee is expected to return to work.

(4) The appointing authority may extend a furlough based on the duration of the lack of funding from the federal government. The appointing authority will promptly notify the impacted employees in writing of any changes in the return to work date. However, a furlough will not exceed four weeks for any impacted employee, except as set forth in paragraph (C)(6) of this rule. Any impacted employee that does not return to work when notified, and is not on a approved and scheduled leave may be subject to disciplinary action.

(5) Any employee on an unpaid leave of absence at the time of a furlough, who would otherwise be impacted by the furlough, remains on the unpaid leave of absence until the expiration of the unpaid leave of absence. At the expiration of the unpaid leave of absence, the employee will be immediately subject to furlough. If the unpaid leave of absence is open-ended, the employee remains on the unpaid leave of absence at least until the end of the furlough.

(6) If during or at the end of a furlough period, a layoff or abolishment of positions is necessary, the appointing authority follows the provisions of Chapter 123:1-41 of the Administrative Code and any applicable statutes. During any mandatory notice period for a layoff or job abolishment, the impacted employees remains on furlough.

(D) Terms of furlough.

(1) During the term of a furlough, an impacted employee will not receive compensation from the appointing authority, except as provided in this rule.

(2) During the term of a furlough, the appointing authority pays both the appointing authority's share and the impacted employee's share of health insurance premiums, if the impacted employee is enrolled at the time of the furlough. Upon returning to work, the impacted employee will be placed on a payment plan. The payment plan will be in place until such time as the impacted employee has repaid the amount of the employee's share of health insurance premiums covered by the appointing authority during the furlough period. If such an employee does not return to work from a furlough, the impacted employee will repay the employee's share of the health insurance premiums upon separation and such amount may be deducted from the impacted employee's final paycheck.

(3) Impacted employees continue to accrue leave based upon the employee's established work hours while on furlough. Impacted employees will not be eligible to use any accrued leave during a furlough period.

(4) Impacted employees continue to earn service credit during a furlough period for purposes of vacation leave accruals and longevity, as long as the employee returns to work when ordered.

(5) The appointing authority pays impacted employees for the loss of federally funded wages while on furlough, only if funding for such lost federally funded wages is provided by the federal government and such funding is specifically designated by the Congress of the United States for such wage reimbursement. Any such reimbursement to an impacted employee will be offset by any unemployment benefits received by the impacted employee or interim wages of the impacted employee earned while on furlough.

Last updated December 1, 2022 at 10:37 AM

History

Effective: December 1, 2022
Promulgated Under: 119.03

Chapter 123:1-43 Overtime and Compensatory Time

Ohio Adm.Code 123:1-43-01 Overtime.

(A) An employee paid by warrant of the director of budget and management who is eligible to receive overtime compensation and who is required by an administrative superior to be in an active pay status for more than forty hours in any calendar week is entitled to overtime compensation or compensatory time as provided in rule 123:1-43-02 of the Administrative Code. Sick leave and any leave used in lieu of sick leave are not included in the definition of active pay status for the purpose of earning overtime or compensatory time for employees who are eligible for overtime compensation and whose wages are paid directly by the director of budget and management.

(B) Compensation. An employee who is eligible for overtime compensation is entitled to compensation for such time over forty hours at one and one-half times the employee's regular rate of pay as defined in division (F) of section 124.18 of the Revised Code. An employee who is eligible to accrue leave pursuant to sections 124.134, 124.382, and 124.386 of the Revised Code may elect to take compensatory time off in lieu of overtime pay on a time and one-half basis. An employee who is not eligible to accrue leave pursuant to sections 124.134, 124.382, and 124.386 of the Revised Code is unable to elect to take compensatory time of in lieu of overtime pay.

(C) Overtime exemptions. The appointing authority of each state agency, board, or commission may designate positions, for which the duties are professional, administrative or executive in nature, as overtime-exempt.

(D) Holidays. When an employee who is eligible for overtime compensation is required to work on a day designated as a holiday by section 124.19 of the Revised Code, he or she will be entitled to pay for such time worked at one and one-half times the employee's regular rate of pay as defined in division (F) of section 124.18 of the Revised Code in addition to holiday pay.

When calculating overtime for a calendar week which includes a holiday, the automatic eight hours of holiday pay is considered as time in active pay status regardless of whether or not the employee worked on such holiday. Time actually worked on a holiday is not considered time in active pay status for overtime calculations because separate compensation is already paid.

Last updated July 31, 2023 at 11:16 AM

History

Effective: July 31, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-43-02

(A) An employee may use compensatory time earned in accordance with rule 123:1-43-01 of the Administrative Code at a time mutually convenient to the employee and the appointing authority within the usage period set forth in section 124.18 of the Revised Code.

(B) Compensatory time is not available for use until it appears on the employee's earnings statement and the compensation described in the earnings statement is available to the employee.

(C) An employee, not designated as overtime-exempt, will be paid for compensatory time earned in accordance with rule 123:1-43-01 of the Administrative Code which has not been used within the usage period set forth in section 124.18 of the Revised Code or upon separation.

(D) When payment is to be made for compensatory time not used, it will be converted back to overtime hours by applying a factor of two-thirds and making payment at the overtime rate which is effective for the employee at the time the compensatory time is paid.

(E) All compensatory time is to be used before an employee is granted a leave of absence without pay, except as otherwise permitted under state or federal law.

Last updated July 31, 2023 at 11:16 AM

History

Effective: July 31, 2023
Promulgated Under: 119.03

Chapter 123:1-44 Holidays

Ohio Adm.Code 123:1-44-01 Holidays.

(A) An employee who is not in active pay status for the entire scheduled work day immediately preceding the holiday will not receive holiday compensation, except as provided in paragraph (B) of this rule.

(B) An employee need not be in active pay status on the scheduled work day immediately preceding a holiday in order to be paid for the holiday if the employee is participating in a mandatory cost savings day or a voluntary cost savings day pursuant to section 124.392 of the Revised Code.

(C) Section 124.19 of the Revised Code does not provide for shifting the day on which a holiday is observed to any other day, with the exception of designated holidays at universities.

(D) An appointment into the classified or unclassified service of the state should not be made effective on a holiday unless the employee is scheduled to work on that day.

Last updated April 3, 2023 at 8:41 AM

History

Effective: April 3, 2023
Promulgated Under: 119.03

Ohio Adm.Code 123:1-44-02 Religious observances.

Since many important religious observances occur on days not designated as legal holidays under division (A) of section 124.19 of the Revised Code, all state appointing authorities will observe liberal policies concerning requests for leaves of absence or vacation expressly for the purpose of engaging in religious observances.

(A) Appointing authorities will also give great deference to employee requests for small amounts of leaves of absence or vacation time in order to attend special worship services. Employees will follow standard agency policies in requesting such leaves of absence or vacation leaves.

(B) An employee who feels that an appointing authority has wrongfully denied a request for time off for religious observances should report the incident to any or all of the following as required by Chapter 123:1-49 of the Administrative Code:

(1) The employee's supervisor;

(2) The agency equal employment opportunity (EEO) officer; or

(3) The department of administrative services, state human resources division.

Last updated June 26, 2025 at 2:30 PM

History

Effective: October 18, 2024
Promulgated Under: 119.03

Chapter 123:1-45 Implementation and Separability of Rules

Ohio Adm.Code 123:1-45-01 Implementation.

The director may issue directives, policies, or memoranda to implement the provisions of department rules and to establish the forms or procedures necessary to carry out Chapters 123., 124., 125., and 153. of the Revised Code and the rules adopted thereunder. Any such directives, policies, or memoranda will be publicly available on the department of administrative services' website.

Last updated February 17, 2026 at 1:16 PM

History

Effective: April 4, 2024
Promulgated Under: 119.03

Chapter 123:1-46 Miscellaneous Provisions

Ohio Adm.Code 123:1-46-01 Weather emergencies.

(A) A weather emergency may be declared by the governor or the governor's designee for purposes of limiting a state employee's obligation to travel to and from work for a specific period of time. State employees will be compensated at their regular rate of pay for the number of hours for which they were scheduled to work during the emergency period if they were instructed not to report to work or were sent home.

(B) Employees not scheduled to work because of scheduled vacation or continuing sick leave will be charged for the leave regardless of the declared emergency. If vacation or sick leave ends prior to the end of the declared emergency, no leave time will be charged for the remainder of the emergency.

(C) An employee who is absent, tardy or leaves work early on days when weather conditions interfere with travel but when no emergency has been declared by the governor is absent without leave and therefore in no-pay status. The employee may with approval of the appointing authority account for time during which the employee was absent from his or her job due to inclement weather by working such time in addition to the employee's regular schedule or by charging it to vacation leave or compensatory time; otherwise, leave without pay will be charged. Inclement weather is not a valid reason for the use of sick leave.

(D) During weather emergencies, those agencies required to maintain twenty-four-hour or emergency service may continue to use available personnel beyond regularly scheduled hours. Eligible employees required by their appointing authority to work beyond their regular shift will be paid overtime for such additional hours of work, in accordance with section 124.18 of the Revised Code. Time spent in non-duty status, such as sleep or recreation will not be compensable.

(E) Appointing authorities with statutory authority to set rates of compensation may establish their own weather emergency policies.

Last updated May 29, 2026 at 7:56 AM

History

Effective: May 29, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-46-02 Political activity of employees in the classified service of the state.

(A) The purpose of this rule is to provide appointing authorities, personnel officers, and others with guidelines concerning political activity. Employees in the classified service of the state are prohibited by section 124.57 of the Revised Code from engaging in certain political activity.

(B) Examples of permissible activities for employees in the classified service include, but are not limited to the following:

(1) Registration and voting;

(2) Expression of opinions, either oral or written;

(3) Voluntary financial contributions to political candidates or organizations;

(4) Circulation of nonpartisan petitions, petitions that do not identify with any particular party, or petitions stating views on legislation;

(5) Attendance at political rallies;

(6) Signing nominating petitions in support of individuals;

(7) Display of political materials in the employee's home or on the employee's property;

(8) Wearing political badges or buttons, or the display of political stickers on private vehicles; and

(9) Serving as a precinct election official under section 3501.22 of the Revised Code.

(1) Candidacy for public office in a partisan election;

(2) Candidacy for public office in a nonpartisan general election if the nomination to candidacy was obtained in a partisan primary or through the circulation of nominating petitions identified with a political party;

(3) Filing of petitions meeting statutory requirements for partisan candidacy to elective office;

(4) Circulation of official nominating petitions for any candidate participating in a partisan election;

(5) Service in an elected or appointed office in any partisan political organization;

(6) Acceptance of a party-sponsored appointment to any office normally filled by partisan election;

(7) Campaigning by writing for publications, by distributing political material, or by writing or making speeches on behalf of a candidate for partisan elective office, when such activities are directed toward party success;

(8) Solicitation, either directly or indirectly, of any assessment, contribution or subscription, either monetary or in-kind, for any political party or political candidate;

(9) Solicitation of the sale, or actual sale, of political party tickets;

(10) Partisan activities at the election polls, such as solicitation of votes for other than nonpartisan candidates and nonpartisan issues;

(11) Service as a witness or challenger for any party or partisan committee;

(12) Participation in political caucuses of a partisan nature; and

(13) Participation in a political action committee that supports partisan activity.

(D) An employee in the classified service who engages in any of the political activities listed in paragraphs (C)(1) to (C)(13) of this rule is subject to removal from his or her position in the classified service.

(E) Employees in the unclassified service of the state, are not prohibited from engaging in political activity unless specifically precluded by federal or state constitutional or statutory provisions.

(F) Service in an appointed or elected position is prohibited when such position is subordinate to or in any way a check upon a position concurrently occupied by a classified or unclassified employee, or when it is physically impossible for one person to discharge the duties of both positions, or if some specific constitutional or statutory bar exists prohibiting a person from serving both positions.

(G) If any person holding public office or employment is convicted of violating the Revised Code provisions prohibiting abuse of political influence, such office or position will thereby be rendered vacant.

Last updated May 29, 2026 at 7:56 AM

History

Effective: May 29, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-46-03 Experimental leave and benefits program.

(A) The director may establish for some or all employees of an agency, department, board or commission paid by warrant of the director of budget and management the allocation of vacation leave, sick leave, disability leave, personal leave, and life insurance or medical insurance benefits that differ from these benefits as granted by sections 124.13, 124.134, 124.382, 124.385, 124.386, 124.81 and 124.82 of the Revised Code.

(B) An agency that desires to establish an experimental leave and benefits program will submit a written proposal to the director for review. The proposal will include, but not be limited to the following:

(1) Statement of the reason, purpose or need for establishing such a program;

(2) Statement of the benefits or advantages to be derived from implementing such a program;

(3) The anticipated costs or savings as a result of the establishment of the program to include certification by the office of budget and management that funds are available if appropriate for the current biennium. Additionally, the agency will, if appropriate, indicate in writing that it will seek funding for the continuation of a program in a subsequent biennium;

(4) The number of employees affected by the program;

(5) The transition period and notice procedure to affected employees; and

(6) The duration of the program.

(C) The department of administrative services will review all agency proposals to determine if these proposals meet the following criteria:

(1) The program is fiscally responsible. The office of budget and management will be consulted to assist in making this determination;

(2) The program establishes leaves or benefits that differ in nature, quality, and amount provided by law under paragraph (A) of this rule;

(3) The program is representative of trends in benefits administration;

(4) The program transition period or process will be established, including reasonable notice to affected employees; and

(5) The duration of the program does not exceed four years.

(D) No experimental program will reduce the number of hours of vacation, sick or personal leave that an employee has accrued as of the effective date of the experimental program.

Last updated May 29, 2026 at 7:57 AM

History

Effective: May 29, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-46-05 Leave donation program.

(A) Definitions. As used in this rule:

(1) "New sick leave" means sick leave an employee has accrued pursuant to section 124.382 of the Revised Code on or after November 15, 1981.

(2) "Paid leave" means personal leave, vacation leave, and new sick leave. Except as provided in paragraph (C) of this rule, "paid leave" does not include compensatory time.

(B) Agency leave donation program

(1) Employees eligible to receive donated paid leave. An employee is eligible to receive donated paid leave if the employee:

(a) Is paid by warrant of the director of budget and management;

(b) Is employed by the same agency, board, or commission as the employee who is donating the paid leave;

(d) Has no available accrued leave;

(e) Has a need for the paid leave due to the serious illness or injury of the employee or a member of the employee's immediate family; and

(f) Has applied for and not yet been approved for any state-paid leave, workers' compensation, or benefits program that is available to the employee. If the employee is not eligible for any such program, then this requirement is not applicable and does not impact the employee's eligibility to receive donated paid leave. An employee who has applied for these programs may use donated paid leave to satisfy the waiting period for any such benefits, if applicable. After the waiting period, donated paid leave may be used up to an amount equal to the benefit for which the employee has applied (e.g., sixty-seven per cent for disability benefits) while the employee's application is pending approval. If the employee's application for any state-paid leave is approved, the employee will not use donated leave to supplement the approved state-paid leave.

(2) Employees eligible to donate paid leave. An employee is eligible to donate paid leave if the employee:

(a) Is paid by warrant of the director of budget and management;

(b) Is employed by the same agency, board, or commission as the employee receiving the donated paid leave;

(c) Voluntarily elects to donate paid leave and does so with the understanding that the donated paid leave will not be returned;

(d) Donates a minimum of eight hours of paid leave;

(e) Retains a combined leave balance of at least eighty hours after the donated paid leave is deducted from the donating employee's leave balances;

(f) Donates new sick leave, if the employee is donating sick leave; and

(g) Certifies, in writing, the following:

(i) The name of the eligible employee for whom the donated paid leave is intended;

(ii) The pay period(s) to which the offer to donate leave is applicable;

(iii) The type of paid leave and the number of hours to be donated, with the minimum number of such hours being eight;

(iv) That the donating employee will retain a minimum combined leave balance of at least eighty hours after the donated paid leave hours have been deducted from the donating employee's balances; and

(v) That the leave is being donated by the employee voluntarily and that the employee understands that the donated paid leave will not be returned.

(3) General principles.

(a) Donated paid leave will be administered on a pay period by pay period basis. Appointing authorities will only deduct the maximum amount specified by the donating employee from the donating employee's leave balance, but under no circumstance will an appointing authority deduct more from the donating employee's leave balance than the amount of leave that is necessary to bring the receiving employee up to the maximum number of hours the receiving employee is scheduled to work in the pay period. Banking of donated leave is not allowed. Leave accrued by an employee while using donated paid leave will be used, if necessary, as soon as it is available before additional donated paid leave may be received and used by the employee.

(b) If an appointing authority receives more than one offer to donate leave to a qualifying employee for any pay period, the appointing authority will process the offers in the order they are received.

(c) An eligible employee will receive no more than eight hundred hours of donated leave from all sources combined in any calendar year.

(d) Appointing authorities will ensure that no employees are forced or coerced into donating paid leave. Leave donations are to be entirely voluntary on the part of the donating employee.

(e) Appointing authorities will respect an employee's right to privacy. However, appointing authorities may, with the permission of the employee who is in need of donated paid leave, inform its employees of an employee's critical need for leave. Appointing authorities will not directly solicit donated paid leave from its employees.

(f) Employees using donated paid leave are in active pay status and will accrue leave and be entitled to any benefits to which they would otherwise be entitled. Donated paid leave will never be converted to a cash benefit.

(g) Donated paid leave will not count toward the probationary period of an employee who receives donated paid leave during the employee's probationary period.

(1) Structure

(a) The department of administrative services will establish and administer a statewide paid leave donation bank for participating agencies. The director may establish procedures to administer this rule. For purposes of the statewide paid leave donation bank, a "participating agency" is an agency, board or commission under the purview of the governor, that has not received an exemption as provided in paragraph (C)(2) of this rule.

(b) A participating agency with an existing intra-agency leave donation program established in accordance with paragraphs (A) and (B) of this rule may continue to administer their existing program.

(2) Exemptions from the statewide paid leave donation bank.

(a) An agency may request an exemption to be excluded from the statewide paid leave donation bank and to administer an alternative leave donation system at any time. Such request will be submitted to the director in writing and contain sufficient information regarding the proposed alternative leave donation system to enable the director to conduct an appropriate evaluation.

(b) Agencies that are exempt from participating in the statewide paid leave donation bank may still utilize any of the standards established by this rule to administer their alternative leave donation systems.

(c) Any leave donated by the agency's employees to the statewide paid leave donation bank prior to the director's approval of the agency's exemption request will not be returned to the agency or the donating employee. Such leave will remain in the statewide paid leave donation bank to be available for use by employees of participating agencies.

(3) Employees eligible to receive donated paid leave from the statewide paid leave donation bank. An employee is eligible to receive donated paid leave from the statewide paid leave donation bank if the employee:

(a) Is paid by warrant of the director of budget and management;

(b) Is employed by a participating agency;

(d) Has no available paid leave;

(e) Has a need for paid leave due to a serious illness, properly ordered quarantine, or serious injury of the employee or a member of the employee's immediate family; and

(f) Has applied for and not yet been approved for any state-paid leave, workers' compensation, or benefits program which is available to the employee. If the employee is not eligible for any such program, then this paragraph is not applicable and does not impact the employee's eligibility to receive donated paid leave. An employee who has applied to these programs may use donated leave to satisfy the waiting period for any such benefits, if applicable. After the waiting period, donated paid leave may be used to an amount equal to the benefit for which the employee has applied (e.g., sixty-seven per cent for disability benefits) while the employee's application is pending approval. An employee ceases to be eligible to use donated leave during the time period such employee is receiving any state-paid leave.

(4) Employees eligible to donate paid leave to the statewide paid leave donation bank. An employee is eligible to donate leave if the employee:

(a) Is paid by warrant of the director of budget and management;

(b) Is employed by a participating agency;

(c) Voluntarily elects to donate paid leave and does so with the understanding that the donated paid leave will not be returned;

(d) Donates a minimum of eight hours of paid leave;

(e) Retains a combined paid leave balance of at least eighty hours after the donated paid leave is deducted from the donating employee's paid leave balances;

(f) Donates new sick leave, if the employee is donating sick leave; and

(g) Certifies in writing the following:

(i) The type of leave and the number of hours to be donated, with the minimum number of such hours being eight;

(ii) That the donating employee will retain a minimum combined paid leave balance of at least eighty hours after the donated leave hours have been deducted from the employee's paid leave balances;

(iii) The understanding that the donated paid leave will be deducted from the employee's paid leave balances upon receipt by the department of the paid leave donation form from the donating employee's appointing authority; and

(iv) The understanding that once the donated paid leave has been deducted from the employee's paid leave balances it will not be returned and the leave is being donated by the employee voluntarily.

(5) How to donate paid leave to the statewide paid leave donation bank.

(a) An eligible employee desiring to donate paid leave to the statewide paid leave donation bank will use a paid leave donation form supplied by their participating agency employer to make such a donation.

(b) Upon receipt of a properly completed paid leave donation form, the participating agency will take the following actions:

(i) Verify that the employee is eligible to donate paid leave pursuant to this rule; and

(ii) For donation requests that are verified, submit the properly completed paid leave donation form and confirmation of its verification to the department for processing.

(c) Upon receipt by the department of a properly verified paid leave donation form from a participating agency, the department will take the actions necessary to deduct the appropriate amount of paid leave time from the donating employee's leave balances and add that time to the statewide paid leave donation bank.

(6) How to apply for donated leave from the statewide paid leave donation bank.

(a) An eligible employee desiring to receive donated paid leave from the statewide paid leave donation bank will use the paid leave donation form supplied by their participating agency employer to make such a request for donated paid leave.

(b) Upon receipt of a properly completed paid leave request form, the participating agency will take the following actions:

(i) Verify that the employee is eligible to receive donated paid leave pursuant to this rule; and

(ii) For paid leave requests that are verified, submit the properly completed paid leave request form and confirmation of its verification to the department for processing.

(c) Upon receipt by the department of a properly verified paid leave request form, the department will take actions necessary to add the appropriate amount of paid leave time to the requesting employee's new sick leave balance and deduct that time from the statewide paid leave donation bank balance.

(7) General principals.

(a) Paid leave accrued by an employee while using donated paid leave from the statewide paid leave donation bank will be used, if necessary, as soon as it is available to the employee before additional donated paid leave may be received and used by the employee.

(b) An eligible employee can receive no more than eight hundred hours of donated leave from the statewide paid leave donation bank in any calendar year.

(c) The participating agency will take precautions so that no employees are forced or coerced into donating paid leave to the statewide paid leave donation bank. Leave donations are to be entirely voluntary on the part of the donating employee.

(d) A participating agency may make its employees aware of the statewide paid leave donation bank and its purposes, but will not directly solicit its employees to donate. Except as necessary to administer this rule a participating agency will not disclose the identity of the employee who is in need of donated leave.

(e) Employees using donated paid leave are in active pay status and will accrue leaves and be entitled to any benefits to which they would otherwise be entitled. Donated paid leave has no cash value.

(f) Donated paid leave is not counted towards the completion of the probationary period of an employee who receives donated paid leave during the employee's probationary period.

(g) All requests for receipt of donated paid leave from the statewide paid leave donation bank will be processed by the department on a first-come, first-served basis and are subject to the limits of the available balance of the statewide paid leave donation bank.

(h) Compensatory time is considered "paid leave" only for purposes of the statewide paid leave donation bank under this rule. Compensatory time can be donated to the statewide paid leave donation bank only by overtime exempt employees. Employees who are overtime eligible cannot donate compensatory time to the statewide paid leave donation bank. Overtime eligible employees may use compensatory time donated to the statewide paid leave donation bank.

Last updated May 29, 2026 at 7:56 AM

History

Effective: May 29, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-46-06 Employee exchange program.

Pursuant to section 124.389 of the Revised Code, the employee exchange program has been created to facilitate the temporary assignment of employees who are exempt from collective bargaining and paid by warrant of the director of budget and management to another state agency, county office, political subdivision, or an outside governmental or non-governmental organization for the purpose of furthering the goals and objectives of the participating parties.

(A) Assignments made through this program may be for the purpose of:

(1) Providing program and developmental experience that will enhance employee performance;

(2) Pursuing innovative ideas to learn new approaches to governmental issues;

(3) Assisting in the use of new technologies;

(4) Involving as many participants as needed in the development of governmental policies and procedures; or

(5) Other purposes mutually agreed upon by all parties involved.

(B) Eligibility. A full-time permanent or part-time permanent employee who is paid directly by warrant of the director of budget and management who has successfully completed any initial or promotional probationary period is eligible to participate in this program. This program will be administered on a strictly voluntary basis. Employees who participate in an exchange remain an employee of their original agency.

(C) Length of assignment. Employee exchange assignments will be for a period not to exceed two years and may be administered on an intermittent, part-time, or full-time schedule as agreed to by all parties involved.

(D) Employee exchange agreement. An employee exchange will be implemented by written agreement that is signed by all parties involved, including the employee, the employee's agency, and the organization to which the employee will be assigned. The specific contents of the agreement may vary, but will contain, at a minimum, the following:

(1) The objectives of the assignment and a description indicating how the objectives are to be achieved;

(2) Name, address, classification title, civil service status, and salary information that includes all applicable pay supplements of the participating employee(s);

(3) A detailed description of the employee exchange assignment to include anticipated length, location, and work schedule;

(4) A stipulation that significant changes in an employee's responsibilities or the nature of the assignment may occur only with the consent of all parties involved and will not affect the employee's base rate of pay;

(5) Any changes to an employee's pay or benefits that may occur, including a different holiday schedule and any pay supplements for which the employee would or would not be eligible during the assignment;

(6) A statement affirming that the employee exchange assignment complies with all applicable ethics laws, rules, policies, and standards;

(7) A provision that permits termination of the assignment by any party by providing a minimum of seven days advance notice to all parties involved, or such lesser time as the parties may otherwise agree.

(E) Reimbursement. An employee exchange agreement will also include a detailed reimbursement method when reimbursement is compelled by the employee's original agency. Reimbursements will be made in accordance with the procedures of the office of budget and management.

(F) The participating parties will ensure compliance with the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 201, et. seq., and specifically section 207(p).

Last updated May 29, 2026 at 7:57 AM

History

Effective: May 29, 2026
Promulgated Under: 119.03

Ohio Adm.Code 123:1-46-07 Retention of records relating to disciplinary actions.

Pursuant to the provisions of section 124.09 of the Revised Code, the following schedule will apply to the disciplinary actions of all employees who are exempt from collective bargaining and paid by warrant of the director of budget and management:

(A) All records relating to oral and/or written reprimands issued on or before September 20, 2015 will cease to have any force and effect and will be removed from an employee's personnel file twelve months after the date of the oral and/or written reprimand if there has been no other discipline imposed during the past twelve months.

(B) Records of other disciplinary actions beyond oral and/or written reprimand issued on or before September 20, 2015 will cease to have any force and effect and will be removed from an employee's personnel file twenty-four months after the date discipline was imposed if there has been no other discipline imposed during the past twenty-four months.

(C) All records relating to written reprimands issued after September 20, 2015 will cease to have any force and effect and will be removed from an employee's personnel file twenty-four months after the date of the written reprimand if there has been no other discipline imposed in the past twenty-four months.

(D) Records of other disciplinary actions beyond a written reprimand issued after September 20, 2015 will cease to have any force and effect and will be removed from an employee's personnel file thirty-six months after the date discipline was imposed if there has been no other discipline imposed during the past thirty-six months.

(E) The retention periods established above will be extended by a period equal to employee leaves of fourteen consecutive days or longer, except for approved periods of vacation leave.

Last updated May 29, 2026 at 7:57 AM

History

Effective: May 29, 2026
Promulgated Under: 119.03

Chapter 123:1-47 Definitions

Ohio Adm.Code 123:1-47-01 Definition of terms.