PURPOSE
To provide uniform guidelines
and procedures for the implementation of section 124.388 of the Ohio
Revised Code for those employees covered by civil service or applicable
collective bargaining agreements. Leave authorized under this section
of the Revised Code is incident specific and primarily authorized
in circumstances where health and safety could be adversely affected.
The nature and circumstances this leave differ significantly from
leave granted to employees to facilitate their participation in civic
and charitable programs such as Adopt-a-School, OhioReads, the Combined
Charitable Campaign, Operation Feed, Disaster Relief Services and
other similar activities. Authorized leave for civic and charitable
activities is not addressed by this directive. Reference should be
made to Executive Order 99-09T, Ohio Administrative Code 123:1-34-03
and section 124.132 of the Revised Code.
GENERAL
Administrative Leave with
Pay
The appointing authority
may, at his or her discretion, place an employee on administrative
leave with pay. The agency head or designee must sign and approve
the paid leave. Such leave is to be used only in circumstances where
the health or safety of an employee or of any person or property entrusted
to the employee's care could be adversely affected. For example, a
fire, bomb threat or utility failure that causes the immediate evacuation
of a building may result in all employees being granted administrative
leave pending the remedying of the health threatening emergency.
Compensation for administrative
leave with pay shall be equal to the employee's base rate of pay,
and shall not continue beyond the length of the situation for which
the leave was granted. An appointing authority may also grant up to
two days of administrative leave with pay to employees who are moved
in accordance with section 124.33 of the Revised Code.
Administrative Leave Pending
Completion of Investigation
Normally, public sector
employees are not granted leaves of absence with pay. Generally, such
employees are expected to use their own leave in order to be compensated
for absences away from the work site. Hence, an employee should only
be placed on administrative leave with pay when immediate action must
be taken to remove an employee from his or her work site because of
a threat to the health and/or safety of an employee, or a threat to
property entrusted to that employee and no other viable options are
available. In such limited circumstances, it is permissible to place
an employee on administrative leave with pay pending a review, investigation
or disciplinary proceeding surrounding the situation that resulted
in the employee being placed on a paid leave of absence.
In most situations where
the primary concern is the health or safety of the general work force,
options may be limited and an administrative leave with pay may be
the most appropriate option. If, however, the primary concern is the
health or safety of a particular individual, or group of individuals,
a modification of duties, a temporary reassignment to another position
or another work area or a reassignment to another work shift may suffice
to limit access to the person(s) whose health or safety may be endangered,
thereby avoiding the need to place an individual on administrative
leave with pay.
In situations where the
primary concern is the safety of property, it may be possible to remove
access to state property either through a modification of job duties
and responsibilities, a temporary reassignment to another position
or reassignment to another work area so that no property is entrusted
to an employee who could adversely affect or destroy the property.
Each situation will differ
and will require a case-by-case determination. Compensation for an
employee placed on administrative leave with pay pending the review,
investigation or disciplinary proceeding shall be equal to the employee's
base rate of pay and the employee will continue to accrue leave and
service credit. Thus, it is imperative that such leaves be closely
monitored and administrative and/or criminal investigations be processed
promptly.
Monitoring Leave
When an employee is placed
on administrative leave with pay, pending the completion of an investigation,
the chief legal counsel or designee for the appointing authority must
be consulted. Administrative leave with pay shall be authorized for
the period of time necessary to conduct an internal administrative
review or investigation, including the decision of whether to impose
discipline.
The appointing authority
or designee shall be responsible for monitoring the status of the
administrative investigation and the length of time that an employee
is on administrative leave with pay. Monitoring shall be done by the
appointing authority or designee at appropriate intervals.
An appointing authority
may put an employee on administrative leave with pay for a period
of up to three months. After such time, a comprehensive review must
be conducted by the appointing authority or designee to determine
if extenuating or mitigating circumstances would require extending
the administrative leave with pay.
Employee Notification
An employee placed on administrative
leave with pay pending the completion of an investigation shall be
notified at the outset of the leave that he or she:
a. Shall be in a work-ready
status at all times during their regular scheduled time, and must
be able to report to work with short notice.
b. Shall stay off of the property of the employer during the leave.
c. Shall first call the employer to make arrangements to conduct business
or to otherwise be on the property of the employer.
d. Shall make arrangements with the employer for the issuing of paychecks,
the processing of vacation, personal and other leave requests, as
well as other personnel or employee benefits matters.
e. Shall not hold another job during the hours he or she is normally
scheduled for work. If the employee works during such hours, he or
she will forfeit the administrative leave with pay and will be subject
to discipline.
Independent Criminal Review
If a review by the appointing
authority produces evidence sufficient to warrant an independent criminal
review or investigation, and the health or safety of an employee or
any person or property entrusted to the employee's care continues
to be at issue, the employee may remain on administrative leave with
pay pending review, investigation or any legal proceedings under Title
29 of the Revised Code. Compensation for administrative leave with
pay pending the independent criminal investigation shall be equal
to the employee's base rate of pay.
Job Modifications and Reassignments
Instead of placing an employee
on administrative leave with pay, an employee may be temporarily reassigned
to a vacancy or another position within the same classification. Or
an employee's duties may be modified within their job classification
to limit the conditions and circumstances which create the health
or safety concern. An employee may be reassigned to any position or
placed in any available vacancy within their job classification for
which the minimum job qualifications are met. An employee temporarily
reassigned to fill an available vacancy, or an employee temporarily
reassigned to another position, shall be entitled to compensation
equal at least to the employee's regular base rate of pay. Temporary
reassignments and modification of duties shall continue only during
such period pending an investigation and do not constitute a reduction
in duties, position or reclassification.
Nothing herein shall prevent
an appointing authority from imposing appropriate discipline up to
and including termination. Consult with the Office of Collective Bargaining
for the uniform application of this directive.
This directive supersedes
any previously issued directive or policy and will remain effective
until canceled or superseded.
AUTHORITY & REFERENCE
ORC 124.388
OAC 123:1-45-01