123:1-32-11. Leave retention options for employees appointed to positions governed by section 121.03 of the Revised Code or a similar position that does not accrue leave

(A) Sick leave. Upon appointment to a position governed by section 121.03 of the Revised Code or a similar position that does not accrue sick leave under section 124.38 or 124.382 of the Revised Code, an employee with accrued and unused sick leave balances may:

(1) Receive compensation at the employee's base rate of pay for all accrued and unused sick leave accrued under sections 124.38 and 124.382 of the Revised Code. The employee shall be compensated at the employee's base rate of pay at the rates established in division (A) of section 124.384 of the Revised Code, or;

(2) Retain the accrued and unused sick leave and, upon completion of the employee's appointment, receive compensation at the employee's then current base rate of pay at the rates established in division (A) of section 124.384 of the Revised Code for all accrued and unused sick leave accrued under section 124.38 or 124.382 of the Revised Code, provided that the employee does not return to a position in the state service that accrues sick leave under section 124.38 or 124.382 of the Revised Code.

(B) Personal leave. Upon appointment to a position governed by section 121.03 of the Revised Code or a similar position that does not accrue personal leave under section 124.386 of the Revised Code, an employee with accrued and unused personal leave balances may:

(1) Receive compensation at the employee's base rate of pay for all accrued and unused personal leave accrued under section 124.386 of the Revised Code, or;

(2) Retain the accrued and unused personal leave and, upon completion of the employee's appointment, receive compensation at the employee's then current base rate of pay for all accrued and unused personal leave accrued under section 124.386 of the Revised Code, provided that the employee does not return to a position in the state service that accrues personal leave under section 124.386 of the Revised Code.

(C) Vacation leave. Upon appointment to a position governed by section 121.03 of the Revised Code or a similar position that does not accrue vacation leave under section 124.13 or 124.134 of the Revised Code, an employee with accrued and unused vacation leave balance may:

(1) Receive compensation at the employee's base rate of pay for all accrued and unused vacation leave accrued under section 124.13 or 124.134 of the Revised Code, or;

(2) Retain the accrued and unused vacation leave and, upon completion of the employee's appointment, receive compensation at the employees then current base rate of pay for all accrued and unused vacation leave accrued under section 124.13 or 124.134 of the Revised Code, provided that the employee does not return to a position in the state service that accrues vacation leave under section 124.13 or 124.134 of the Revised Code.

Five Year Review (FYR) Dates: 1/15/2020 and 01/15/2025
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.134, 124.382, 124.384, 124.386
Prior Effective Dates: 09/03/2006

Prior History: (Five Year Review (FYR) Dates: 1/15/2020 and 01/15/2025
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.134, 124.382, 124.384, 124.386
Prior Effective Dates: 09/03/2006)