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Ohio Administrative Code (Last Updated: January 12, 2021) |
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3337 Ohio University Policy Manual |
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Chapter3337-40. Policies on Discrimination and Benefits |
3337-40-51. Compensation of classified and administrative employees during declared emergency
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The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/40-051.html
(A) Overview
This policy provides for declaring an emergency school closing and establishes guidelines for the compensation of classified and administrative employees during an emergency. This includes classified non-bargaining unit, administrative hourly, administrative salary, and classified bargaining unit employees (per the bargaining agreements in place.) This policy does not apply to student employees of Ohio university.
Only the president of Ohio university (or his or her designated representative) has the authority to declare an emergency and close school for the main campus, regional campuses, or regional teaching sites of Ohio university. Such authority may be delegated to deans of regional campuses. Communication of a declared emergency will be released through university communications and marketing, and every effort will be made to communicate a declared emergency to all faculty, staff, and students through deans, directors, and department heads.
Emergency closings announced by other agencies, such as Ohio governmental offices, local city and county officials, etc., do not apply to Ohio university employees. The only exception is that the president, or his or her designee, will close school and cancel classes for the Athens campus whenever the Athens county sheriff's department declares that a level III snow emergency exists for Athens county. Closing and reopening times will be announced through all media. Employees are expected to report to work, or call in, if inclement weather prevents travel when the university is not closed. A weather condition that prevents an employee from reporting to work may not be used for an excused absence if the university continues to operate. Employees will be expected to use personal leave or vacation time for those occasions when they must miss scheduled work. Emergency service and other outside agencies cannot advise Ohio university employees as to their employment rights or responsibilities.
An emergency is defined as a period when the university must suspend normal operations due to an "act of God" or other unforeseen circumstance. An emergency shall be for a stated period which may be shortened or extended by the president or his or her designee.
In a declared emergency, certain employees may be required to work to provide essential services. Essential service employees will be designated and contacted by their department heads or supervisors and will be assigned to work schedules as required by the emergency situation. Essential service employees, where necessary, will be provided transportation and lodging in university residence halls or adjacent motels during the time of the declared emergency.
Employees who have not been designated as essential service employees will not be required to report to their work locations during a declared emergency. These individuals should not report to work unless supervisory approval has been given to be on campus.
During a declared emergency, buildings will be closed to all nonessential personnel. Faculty and staff not on emergency duty should not be on campus.
(B) Processes
Employees who are not on-site before a declared emergency must use appropriate vacation, personal days, or sick leave per regular university policies up to the time of the declared emergency. Employees on site (main campus, regional campus, or teaching center) will be paid at their regular rate of pay before a declared emergency. Once a declared emergency occurs, employees on site who are not required to work and are sent home, and employees not on site, will be paid at their regular rate from the time of the declared emergency until the end of their regularly-scheduled shift. Only the president or his or her designee can declare an emergency and allow employees to leave before the end of their shift.
Employees who are not required to work during a declared emergency will be paid at their regular rate for any hours they normally would have been scheduled to work.
Employees who are asked to work but are unable to report for work will be paid at their regular rate for any hours they normally would have been scheduled to work.
Essential service employees paid on an hourly basis who are required to work during a declared emergency will be paid at their regular rate and, in addition, will be paid at their overtime rate for any hours actually worked (one hour regular pay plus one hour of overtime pay at 1.5 times regular rate equals 2.5 times regular rate during a declared emergency). Salaried employees who are required to work during a declared emergency will receive their regular salary.
During a declared emergency, employees may need to work extra shifts, different times of the day on different days, etc. Therefore, the total rate of pay for an hourly employee will be used to determine all overtime pay (i.e., shift differential would not apply during an emergency if an employee does not normally receive it in his or her total rate but would receive it if it is a part of his or her total rate).
The option of receiving overtime pay or compensatory time off at the time and one-half rate will apply, consistent with departmental policies. Only hours worked in excess of forty can be banked as compensatory time. Using the two pay codes below pays the premium for working during a declared emergency, but does not always result in actual overtime worked.
For hourly employees, any hours worked during a declared emergency should be reported on the time sheets as "emergency worked" (entered as time in and out) and "emergency closure" (entered as a total amount similar to paid time off (PTO)).
Any hours scheduled but not worked during a declared emergency should be reported on the time sheets as "emergency closure."
Employees who are on travel status during a declared emergency shall receive their normal rate of pay only.
Employees who are on approved leave of absence, seasonal or indefinite layoff, or any other inactive pay status are not eligible for compensation during a declared emergency.
Prior to the time of a declared emergency, employees who had previously requested sick leave, vacation, or personal days during a time in which a declared emergency occurs will be charged with sick leave, vacation, or personal days for the period requested when authorized by their department head.
The version of this rule that includes live links to associated resources is online at https://www.ohio.edu/policy/40-051.html