Ohio Admin. Code 3364-25-123
The university of Toledo recognizes that situations arise in which employees may need to request a leave of absence. Nothing in this policy shall be construed as limiting or superseding any leave granted under the Family Medical Leave Act of 1993, and as amended "FMLA."
University employees can earn sick leave at the rate of four and six-tenths hours for each completed eighty hours of service for actual hours in a pay status (fifteen workdays per year). There is no limit on the amount of sick leave which may be accumulated.
Employees who work fewer than forty hours a week will earn sick leave on the basis of actual hours in pay status each pay period.
Immediate family, as defined in Revised Code, currently includes 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).
This policy is intended to explain the various leaves of absence with the exception of FMLA. Specifically covered in this policy are the following:
An employee who is absent from work due to a death in the employees immediate family shall be granted a leave of absence not to exceed five consecutive working days (excluding weekends and holidays) to make funeral arrangements and to attend the funeral. The funeral leave shall not extend beyond the date of the funeral, even if a balance of five days exists. If the funeral is out of town (five hundred miles round trip), one day from the balance of the initial five days may be used for return travel. Each full-time or regular part-time employee shall be granted a leave of absence not to exceed one day to attend the funeral of a former immediate family member. Pay for such leave may be deducted from the employee's accumulated sick leave up to the maximum of hours scheduled on the days taken off.
If sufficient sick leave is not available, and the employee chooses not to use accrued compensatory or vacation leave, the employee may be granted a leave of absence without pay for up to five consecutive working days for current immediate family (excluding weekends and holidays). The employer may request proof of the death and relationship before approving payments for funeral leave.
All employees of the university of Toledo who are members of the Ohio national guard, the Ohio defense corps, the naval militia, or members of other reserve components of the armed forces of the United States, shall be entitled to a leave of absence from their respective duties without loss of pay for such time as they are in the military service on field training or active duty for periods not to exceed thirty-one days in any one calendar year. The maximum payment is limited to one hundred seventy-six hours of pay per calendar year. The employee is required to submit to human resources an order or statement from the appropriate military commander as evidence of such duty. There are no requirements that the service be in one continuous period of time.
Employees called to active duty for a period exceeding thirty-one days by an executive order or act of congress are entitled to a monthly compensation amount by which an individual's monthly civilian university of Toledo wages or salary exceeds his or her military pay and allowances.
A full time state employee who was a member of the Ohio national guard serving one weekend per month and two weeks out of every year is entitled to one year prior service credit for each year of service with the Ohio national guard for the purpose of computing the amount of his vacation leave pursuant to section 124.131 of the Revised Code.
Sick leave, defined as the use of paid accrued sick leave, shall be granted, upon approval of the responsible administrative officer, or the leave of absence "LOA" advisor, for a personal illness, injury, serious health condition, medical, dental, psychological, optical examination or treatment of an employee or a member of his/ her immediate family, and for pregnancy, childbirth and related conditions.
The responsible official may require an employee to furnish a signed physician statement, which does not include diagnosis, to justify the use of sick leave. The university of Toledo reserves the right to require the employee to provide medical verification of ability to return to work. Falsification of physician's certificate or medical certification will be grounds for disciplinary action including dismissal.
If the stated reason for the leave no longer exists, then the employee is required to notify his or her immediate supervisor or designee as soon as possible, not to exceed two calendar days, to receive return to work instructions. If the employee feels that he/she would qualify for the leave at that time for another reason, additional leave may be requested.
Sick leave shall not be paid to either natural or adoptive parents who request leave for purposes of childcare that does not require the need for care due to a medically certified illness or injury to such employee or their child.
An employee who resigns or gives notice of resignation while on a paid leave of absence shall be separated from the university of Toledo effective the date of such notice. An employee who resigns while on an unpaid leave shall be separated retroactively to the unpaid date.
Classified employees who are members of the professional staff association "PSA" may qualify for the respective sick leave bank created for use by members of those organizations.
Unclassified employees utilizing the long term disability "LTD" program are required to use their accrued sick leave for the first six months of a disability recognized under the university's LTD policy. The LTD program will be effective after one hundred eighty days or the termination of the employee's accrued sick leave, whichever occurs later in time. Once the employee is eligible to receive long term disability, he/she will no longer be eligible to receive leave from the sick leave bank.
Notice can be given by the employee via email, fax, phone, by a family member or as per department policy. Notice for the need for sick leave must be sufficient to make the university of Toledo aware of the need for sick leave, the anticipated duration of leave, and the anticipated timing of the leave.
Accrual of sick leave will be unlimited. Time spent on vacation, paid military leave, paid professional leave, jury duty, funeral leave or paid sick leave will count toward accumulation of benefits. There will be no accumulation of benefits while on unpaid leave of absence or layoff.
An employee who is reappointed or reinstated will be credited with the unused balance of accumulated sick leave provided the time between separation and reappointment does not exceed ten years, and/or the employee did not receive cash conversion for the unused sick leave.
The university shall recognize any previously authorized and accrued sick leave earned by an employee while employed by another public agency of the state of Ohio, in accordance with division (C) of section 124.38 of the Revised Code. The employee must provide verification from the public agency by which s/he was previously employed of the amount of accrued sick leave earned and transferable before it will be recognized by the university of Toledo.
Employees with ten or more years of service with the state (service as defined by a state of Ohio retirement system excluding non-Ohio purchased time) shall be compensated in an amount not to exceed one-fourth of accrued but unused sick leave credit, based upon the individual's annual rate of compensation at the time of retirement up to a maximum payment of two hundred-forty hours.
In the case of death of an employee, unused sick leave shall be paid to his or her estate in accordance with retirement benefits for accumulated sick leave (see paragraph (C)(3) of this policy).
Faculty and non-faculty employees are eligible to request unpaid leaves of absence for personal reasons, other than any that are covered in this policy or in the FMLA leave policy, which require the approval of the employee's manager, chairman or appropriate vice president.
The authorization of a leave of absence without pay is a matter of university regulation coupled with administrative discretion. A written request for an unpaid leave of absence including the reason(s) for the leave and the requested date(s) for the leave must be submitted to the appointing authority as soon as practicable before the requested leave. A leave of absence without pay is not approved until the employee receives written approval from the appointing authority.
Employees may be granted up to five days (charged to sick leave) as parental leave to care for the spouse or family following birth or of the placement of an adopted child with the family prior to utilizing compensatory time, personal time, vacation and unpaid leave.
Ohio Admin. Code 3364-25-123
Promulgated Under: 111.15
Authorized By: 3364
Amplifies: 3364