Office of Collective Bargaining > Labor Agreements > OCSEA > OCSEA Contract Table of Contents >
ARTICLE 30 - OTHER LEAVES WITH PAY
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This
is a labor agreement with annotations by the Office of Collective
Bargaining.
PLEASE NOTE:Language that is in bold typeface and underlined was added with this Agreement. Language that is Language in Italics are annotations added by the Office of Collective Bargaining. |
The language in this Article continues unchanged from the previous Contract.
Leave with pay at regular rate shall be granted for service upon a jury. Employees who are scheduled on other than a day shift shall be reassigned to a day shift during the period of service upon the jury. When not impaneled for actual service and only on call, the employee shall report to work as soon as reasonably possible after notification that his/her services will not be needed. In cases where the employee would report to do less than four (4) hours work, the employee need not report. Employees called to jury duty shall submit to the Agency any juror fees received in excess of fifteen ($15) dollars per day.
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Attention: |
Agency Fiscal and Personnel Officers; Staff Representatives, Union Officials. |
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Instructions: |
Employees are only required to submit juror fees in excess of $15 per day. |
A. Federal Duty
Any permanent employee who is or becomes a member of the Ohio National Guard or any other reserve component of the Armed Forces as defined in Chapter 11, Section 261, Title 10, US Code shall be allowed military leave with pay not to exceed twenty-two (22) work days or one hundred seventy-six (176) hours per calendar year for federal duty performed which is directed or caused to occur by authority of the Department of Defense (DOD) or its agent.
B. State Duty
Permanent employees who are members of the Ohio National Guard, the Ohio Military Reserve and the Ohio Naval Militia, when ordered to duty by the Governor of Ohio or the Adjutant General, shall be allowed military leave with pay not to exceed twenty-two (22) work days or one hundred seventy-six (176) hours per calendar year.
C. Maximum
The maximum allowable paid military leave when combining federal and state duty described above shall not exceed twenty-two (22) work days or one hundred seventy-six (176) hours per calendar year.
D. Evidence of Military Duty
Employees are required to submit to their Appointing Authority a published military order or a written statement from the appropriate military commander as evidence of military duty.
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Explanation: |
Employees on temporary military leave who otherwise qualify for the 2% Ratification Payment outlined in Section 43.05 will receive the 2% payment in December 2004. |
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Attention: |
Staff Representatives, Union Officials; Agency Labor Relations, Personnel and Payroll Officers. |
Three (3) consecutive days of bereavement leave with pay at regular rate will be granted to an employee upon the death of a member of his/her immediate family interpreted for the purposes of this Article to include: spouse or significant other ("significant other" as used in this Agreement, is defined to mean one who stands in place of a spouse and who resides with the employee), child, step-child, grandchild, parent, step-parent, grandparent, great-grandparent, brother, sister, step-sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law or legal guardian or other person who stands in the place of a parent. Bereavement leave will be granted in the case of a stillbirth conditioned upon the tendering of a death certificate.
The Employer may grant vacation, sick leave or personal leave to extend
the bereavement leave. The leave and the extension may be subject to verification.
Part-time employees shall receive bereavement leave with pay for the hours
that they are normally scheduled to work.
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Arbitration Awards: |
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OCB #555 OCSEA #322 |
Arbitrator Drotning: several different grievants and Agencies. This arbitration award set forth guidelines with regard to the application of this Section. The Arbitrator stated, “It is impossible to base bereavement leave considerations on the quality of a particular personal relationship but these decisions must rest primarily on legal and narrow definitions of the relationship between the employee and the deceased.” |
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Attention: |
Staff Representatives, Union Officials; Agency Labor Relations and Personnel Offices, and Supervisors. |
If an employee is required to work overtime on an election day and the employee has not voted by absentee ballot, the Employer will make every reasonable effort to alter the overtime schedule so the employee can vote.
Employees subpoenaed to appear before any court, commission, board or other legally constituted body authorized by law to compel the attendance of witnesses shall be granted leave with pay at regular rate, where the employee is not a party to the action, which includes, but is not limited to, criminal or civil cases, traffic court, divorce proceedings, custody proceedings, or appearing as directed as parent or guardian of juveniles.
Employees subpoenaed to proceedings on behalf of an employer other than the State, who received compensation for his/her testimony from the other employer shall not be eligible for paid leave as provided in this Article, but may elect to use available accrued leave. Employees using such accrued leave shall not be required to remit any fees received.
Second or third shift employees, during the course of scheduled work hours, shall be permitted an equivalent amount of time off from scheduled work on their preceding or succeeding shift for such appearance. Employees subpoenaed to witness duty shall submit any witness fees received (excluding travel and meal allowances) to the Agency. The employee shall notify the Agency designee immediately upon receiving a subpoena.
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Arbitration Awards: |
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OCB #1332 OCSEA #690 |
Arbitrator Graham: Grievant Jamie Stewart, et. al.; ODOT, 12/03/98. Arbitrator Graham held that the contract required the Employer to pay Witness Duty pay when employees were subpoenaed to proceedings on behalf of an employer other than the State. |
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Explanation: |
The new language of this section addresses the Arbitration decision noted above. The State will not be required to grant an employee paid leave when the employee is subpoenaed to proceedings on behalf of an employer other than the State, and the employee receives compensation from the other employer for his/her testimony. |
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Instructions: |
An employee who is subpoenaed to testify in court and receives compensation from the other Employer for his/her testimony is not eligible for paid witness duty leave. The employee may use available vacation or personal leave. If the employee uses accrued leave, the employee is not required to remit any fees received as compensation for his/her testimony. |
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Attention: |
Agency Fiscal, Personnel, and Labor Relations Officers; Staff Representatives, Union Officials. |
Employees with technical or specialized skills and who exercise independent judgment in their jobs shall be granted reasonable amounts of leave with pay to attend work-related professional meetings. The pay shall be at regular rate and shall not exceed eight (8) hours in any given day.
Upon advance approval of the employee's agency, employees who are appointed by elected state officials or state agency heads to serve on advisory boards or commissions which report to the elected official or state agency, or who are appointed to positions involved in the solicitation of contributions for charitable organizations approved for payroll deduction, will be granted paid time not to exceed the duration of the employee's regular shift and necessary travel expenses for approved time spent in such capacity.
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Explanation: |
Employees when appointed to commissions and/or advisory boards, or who are involved in solicitation of contributions such as Combined Charities, shall be granted leave with pay. |
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Attention: |
Staff Representatives, Union Officials; Agency Labor Relations and Personnel Officers. |
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Instructions: |
All Civic Duty Leave requires advance management approval. Labor Relations Officers and Agency Personnel should communicate this provision for paid leave to all management personnel. Employees are permitted to engage in certain civic duties on paid time. |
30.08 - Paid Adoption/Childbirth Leave
All employees who work thirty (30) or more hours per week are eligible for paid Adoption/ Childbirth leave upon the birth or adoption of a child for care, bonding and/or acclimation of the child. Leave under this Section shall be limited to six (6) weeks, the first two (2) of which shall be the unpaid waiting period, and the remaining four (4) weeks shall be paid at seventy (70%) percent of the employee's regular rate of pay. No minimum length of service is necessary to establish eligibility for this leave. Eligibility for leave is established on the day of the birth of a child or the day upon which custody of a child is taken for adoption placement by the prospective parents. To be eligible for leave an employee must be the biological parent; or in the case of adoption the employee must be the prospective adoptive parent. An employee may elect to take two-thousand dollars ($2,000) for adoption expenses in lieu of the leave benefit. Payment may be requested when the court has awarded permanent custody of a child to the prospective parents. Whenever an employee adopts multiple children, the event shall be considered as a single qualifying event, and will not serve to increase either the length of leave for an employee or the two-thousand dollar ($2,000) limit. In the event an infant child dies while an employee is using Adoption/Childbirth leave for that infant, Adoption/Childbirth leave terminates on the date of the death. Requested bereavement leave may begin on the day following the death of the child, and may be supplemented by other leaves as specified in Section 30.03.
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Explanation: |
Birth parents, must avail themselves of the six consecutive weeks of Adoption/Childbirth Leave (“ACL”) beginning with the birth of child. Similarly, adoptive parents must avail themselves of the six consecutive weeks of ACL the day upon which custody of a child is taken for adoption placement. Adoptive parents may waive the use of ACL and choose to be paid $2000 toward adoption expenses; however, this payment will be made only after the court has awarded permanent custody of the child(ren) to the parents not at the time the child is placed in the home of the prospective parents. Two state employees adopting a child may: either both use ACL; both take $2,000 each toward adoption expenses; or one use ACL and one take the $2,000 toward adoption expenses. When multiple children are adopted simultaneously, the employee is entitled to only one benefit – either $2,000 or the leave benefit. The employee cannot take a separate benefit for each child. |
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Attention: |
Agency Directors; Agency Labor Relations and Personnel Officers; Staff Representatives, Union Officials. |
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Instructions: |
All supervisors should be made aware of the provisions of this Section. This section specifies the terms and conditions under which this type of leave shall be granted. |
To qualify for paid Adoption/Childbirth leave under this Section, an employee must complete a fourteen (14) day waiting period, which commences on the date eligibility is established. An employee may work at the discretion of the employee’s appointing authority and/or may take unpaid leave or may use any form of accrued paid leave or compensatory time for which he/she is qualified, or any combination thereof, during the fourteen (14) day waiting period. The fourteen (14) day waiting period under this Section shall satisfy the waiting period for disability leave benefits for employees who qualify for additional leave due to disability, provided the employee does not work during the two (2) week waiting period. The remaining four (4) weeks shall be paid at seventy (70%) percent of the employee’s regular rate of pay.
An employee may utilize any other form of paid leave or compensatory time to supplement Adoption/Childbirth leave, up to a maximum of one hundred (100%) percent of the employee's regular bi-weekly rate of pay. Employees using Adoption/Childbirth leave who meet the eligibility requirements of the Family and Medical Leave Act (FMLA) (i.e., twelve (12) months of state service, and one-thousand two-hundred fifty (1,250) hours in state service active pay status during the twelve (12) months immediately before the birth or adoption) shall have the entire non-working period of Adoption/Childbirth leave counted toward the employee’s twelve (12) week FMLA entitlement. Adoption/Childbirth leave shall not affect an employee's right to leave under other provisions of this Agreement.
The average regular hours worked (including holidays and paid leave) over the preceding three month period shall be used to determine eligibility and benefits under this Section for part-time employees, provided that such benefits shall not exceed forty (40) hours per week. If the employee has not worked a three month period, the number of hours for which the employee has been scheduled per week will be used to determine eligibility and benefits.
Employees who are receiving disability leave prior to becoming eligible for Adoption/Childbirth leave shall continue to receive disability leave for the duration of the disabling condition or as otherwise provided under the disability leave program. In the event that the employee's disability leave benefits terminate prior to the expiration of any benefits the employee would have been entitled to under Adoption/Childbirth leave, the employee will receive Adoption/Childbirth leave for such additional time without being required to serve an additional waiting period. In the event an infant child dies while the birth mother is using Adoption/Childbirth leave in lieu of disability leave benefits for that infant the leave shall continue for a period consistent with the appropriate recovery period for disability leave benefits for childbirth.
Employees shall not be eligible to receive Holiday Pay while on Adoption/Childbirth leave. Holidays shall be counted as one day of Adoption/Childbirth leave and shall be paid as Adoption/Childbirth leave, except that during the waiting period if an employee was in active pay status the day before a holiday the employee will be eligible to receive Holiday Pay as normal. Employees who work during a holiday shall be entitled to pay as provided in Article 26.
Appointing authorities may allow employees to work reduced schedule during any portion of the six (6) week period, subject to the needs of the agency. Employees who are permitted to work a reduced schedule during such period shall establish a schedule that is acceptable to the Appointing Authority. Only the time spent in non-work status during the period of Adoption/Childbirth leave may be applied as FMLA leave.
Employees who work or supplement their pay during the latter four (4) weeks of leave, as described above, shall have their pay for hours worked or supplemented so calculated that working or supplementing thirty (30%) percent of their normally scheduled work hours during the pay period shall result in a bi-weekly pay amount equal to their regular bi-weekly pay. Employees who work more than thirty (30%) percent of their regularly scheduled hours shall forfeit paid Adoption/Childbirth leave on an hour for hour basis for all excess hours.
Under no circumstances shall Adoption/Childbirth leave be taken beyond six (6) weeks from the date of birth or placement a child for adoption. Adoption/Childbirth leave shall not be used to extend the layoff date of employees or to extend a period of employment for Established Term regular or irregular employees.