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ARTICLE 13 - SICK LEAVE

13.01 Definitions

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

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

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

D.     “Immediate family” is defined as spouse, domestic partner, child, step-child, grandchild, parents, step-parents, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents, great grandparents, brother, sister, step-siblings, brother-in-law, sister-in-law, or legal guardian or other person who stands in the place of a parent.

13.02 Leave Accrual

Employees in the bargaining units shall accrue sick leave credit according to the employee's status as follows:

All employees shall accrue sick leave at the rate of 2.77 hours for each eighty (80) hours in active pay status, excluding overtime hours, to a maximum of seventy-two (72) hours per year.

Part-time employees shall receive 2.77 hours of sick leave for each eighty (80) hours of completed service.

Employees that are on approved leave of absence or receiving Workers' Compensation benefits shall be credited with those sick leave hours which they normally would have accrued upon their approved return to work.

13.03 Charge of Sick Leave

Sick leave used shall be charged in minimum units of one‑tenth (1/10) hour.  Employees shall be charged sick leave only for the days and hours for which they would have otherwise been regularly scheduled to work.  Sick leave shall not exceed the amount of time an employee would have been scheduled to work in any pay period.

13.04 Compensation for Charged Sick Leave

Compensation for charged sick leave accumulated and credited shall be at the rates specified below in the 12 month period ending on the last day of the pay period in November from which the first paycheck in December is issued each year.  A new usage period will begin each year of the Agreement.

Any sick leave used during the 36.1 to 72 hours for time spent hospitalized overnight by the employee, employee’s spouse or child residing with the employee or for those hours of sick leave used before or after the hospital stay that are contiguous to the hospital stay, will be paid at 100%. In the event this paragraph is found to violate the FMLA or any other State or Federal law or regulation or the implementation of such will adversely affect the provisions of this Article, the parties agree that this paragraph will be null and void.

Any sick leave utilized in excess of seventy-two (72) hours in any usage period shall be paid at one hundred percent (100%).

Employees may elect to utilize sick leave to supplement an approved disability leave, workers compensation claim or childbirth adoption leave pursuant to Articles 15 and 26.  Sick leave used for these supplements shall be paid at a rate of 100% notwithstanding the schedule previously specified.

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 or leave of absence, shall give reasonable notice to the supervisor.  For those employees in non-relief positions, the notification must be made within one-half (1/2) hour after the time the employee is scheduled to work.  For those employees who are in relief positions, the current local practice will remain in effect, unless the cause for the leave prevents such notification.

B.     Notification for extended sick leave

In the case of a condition exceeding seven (7) consecutive calendar days, a physician's statement specifying the employee's inability to report to work and the probable date of recovery is required.

13.06 Sick Leave Uses, Evidence of Use, and Abuse

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

A.     The appointing authority shall approve sick leave usage by employees for the following reasons:

1.      llness, injury, or pregnancy-related condition of the employee;
2.     Exposure of an employee to a contagious disease which could be communicated to and jeopardize the health of other employees;
3.     Examination of the employee, including medical, psychological, dental, optical, auditory, or speech/language;     
4.     Death of a member of the employee's immediate family.  Such usage shall be limited to a reasonably necessary time, not to exceed five (5) days;
5.     Illness, injury, or pregnancy-related condition 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;
6.     Examination, including medical, psychological, dental, optical, auditory, or speech/language, of a member of the employee's immediate family where the employee's presence is reasonably necessary;
7.     An employee on the midnight shift may use sick leave on the night preceding an examination referred to in (3) and (6) above providing advance notice is given to the employee's supervisor.

B.     Evidence of use.

Each supervisor may require an employee to furnish a satisfactory written, signed statement which may include a certification from a licensed physician, to justify the use of sick leave or other authorized leave for medical reasons.  This certificate shall not be required in an arbitrary or capricious manner.  Agencies may place employees on physician verification pursuant to the Agency policy.  Falsification of either the signed statement or a physician's certificate shall be grounds for disciplinary action.

13.07 Inadequate Sick Leave

If any disabling illness or injury continues past the time for which an employee has accumulated sick leave, the appointing authority may authorize a leave of absence without pay in accordance with Article 26 Leave of Absence Without Pay of this Agreement or if the employee is eligible, recommend disability leave benefits in accordance with Article 15 Disability Leave of this Agreement.

13.08 Conversion or Carry Forward of Sick Leave Credit at Year's End or upon Separation from State Service

Employees will be offered the opportunity to convert to cash any part of their sick leave accrued and not used in the 12 month period ending on the last day of the pay period in November from which the first paycheck in December is issued each year at the following rate:

The payment shall be paid in the first pay received in December of each year of the Agreement.  An employee not exercising a choice will automatically have the hours carried forward.

Employees hired after June 12, 1986, who have previous service with political subdivisions of the State may use sick leave accrued with such prior employers but shall not be permitted to convert such sick leave to cash either at year's end or upon separation from state service.

Employees that separate from state service may have any accrued sick leave hours converted to cash at the rate of fifty-five percent (55%) for retirement separation and fifty percent (50%) for all other separations provided he/she has completed at least one (1) year of state service prior to separation, and that the conversion occurs within three (3) years of separation.  If an employee dies, the converted sick leave shall be credited to his/her estate.

An employee returning to state service, within ten (10) years of separation, after receipt of a lump sum payment for unused sick leave may buy back all or a portion of such leave from the Employer by returning the amount paid for the number of days to be restored.

13.09 Transfer of Sick Leave Credit

An employee who transfers from one state agency to another shall be credited with the unused balance of the accumulated sick leave credit.

13.10 Leave Donation Program

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

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

1.   Or a member of the employee's immediate family has a serious illness or injury;
2.      Has no accrued leave or has not been approved to receive other state‑paid benefits; and
3.      Has applied for any paid leave, workers' compensation, or benefits program for which the employee is eligible.  Employees who have applied for these programs may use donated leave to satisfy the waiting period for such benefits where applicable, and donated leave may be used following a waiting period, if one exists, in an amount equal to the benefit provided by the program, i.e. fifty six hours (56) per pay period may be utilized by an employee who has satisfied the disability waiting period and is pending approval, this is equal to the seventy percent (70%) benefit provided by disability.

B.     Employees may donate leave if the donating employee:

1.  Voluntarily elects to donate leave and does so with the understanding that donated leave will not be returned;
2.   Donates a minimum of eight hours; and
3.   Retains a combined leave balance of at least eighty hours.  Leave shall be donated in the same manner in which it would otherwise be used except that compensatory time is not eligible for donation.

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

D.     Employees who wish to donate leave shall certify:

1.   The name of the employee for whom the donated leave is intended;
2.   The type of leave and number of hours to be donated;
3.   That the employee will have a minimum combined leave balance of at least eighty hours; and
4.   That the leave is donated voluntarily and the employee understands that the donated leave will not be returned.

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