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  


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  • (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 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, 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 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, or optical examination, of a member of the employee's immediate family by an appropriate licensed practitioner where the employee's presence is reasonably necessary.

    (7) 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 shall not 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.


Five Year Review (FYR) Dates: 1/15/2020 and 01/15/2025
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.38, 124.382
Prior Effective Dates: 03/29/1982, 02/04/1996, 12/01/2006, 11/18/2012

Prior History: (Five Year Review (FYR) Dates: 1/15/2020 and 01/15/2025
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.38, 124.382
Prior Effective Dates: 03/29/1982, 02/04/1996, 12/01/2006, 11/18/2012)