Ohio Administrative Code (Last Updated: January 12, 2021) |
123:1 Division of Human Resources |
Chapter123:1-41. Layoffs |
123:1-41-09. Computation of retention points
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(A) Assignment of retention points for continuous service. Employees shall be assigned a base of one hundred retention points. Computation of retention points for continuous full-time service shall be made by crediting each employee with one retention point for each bi-weekly pay period of continuous service. For the purposes of calculating retention points, full-time service shall include service as a full-time permanent, full-time seasonal, full-time interim, or full-time temporary employee. For full-time seasonal, full-time interim, or full-time temporary service, credit will be given only for those pay periods in which the employee was scheduled to work. If an employee is in a full-time position at any time during a pay period, they are considered full-time for the entire pay period.
Retention points for continuous service for other than full-time service shall be calculated on the basis of one-half ( 0.50 ) point for each bi-weekly pay period of continuous service.
Retention points computed for full-time continuous service and other than full-time continuous service, whenever applicable, shall be combined to determine an employee's total retention points. Overtime shall not be considered for purposes of computation of retention points for continuous service.
(B) Tie breaker. In the event two or more employees have identical retention points as calculated by this rule, the tie shall be broken by utilizing the following methods, in the following order:
(1) First, employees having most recent date of continuous service from which no break in service has occurred shall be laid off or displaced first; and
(2) Second, the appointing authority shall determine the employee to be laid off or displaced first.
(C) Continuous service of employees. In the event an employee is transferred, the employee's length of continuous service will be deemed unbroken so long as no break in service occurs from one layoff jurisdiction to another. In the event an employee is transferred from one appointing authority to another or receives an appointment with another appointing authority, e.g., from one state agency to another, from a county office to a state agency, from a state agency to a state-supported college or university, etc., the employee's length of continuous service will be deemed unbroken so long as no break in service occurs from one appointing authority to another. "Continuous service" and "break in service" are defined in paragraph (A) of rule 123:1-47-01 of the Administrative Code.
Five Year Review (FYR) Dates:
9/15/2017 and
09/15/2022
Promulgated
Under: 119.03
Statutory
Authority: 124.09
Rule
Amplifies: 124.323,
124.324,
124.325
Prior
Effective Dates: 01/10/1975, 07/31/1982, 10/25/1995 (Emer.), 01/23/1996,
06/04/2001
Prior History: (R.C. 119.032 review dates:
09/17/2012 and
09/15/2017
Promulgated
Under: 119.03
Statutory Authority: 124.09
Rule Amplifies:
124.323, 124.324, 124.325
Prior Effective Dates: 1/10/75, 7/31/82,
10/25/95 (Emer.), 1/23/96, 6/4/01 )