123:1-33-01 Eligibility for disability leave benefits.

 

 

 

123:1-33-01                 Eligibility for disability leave benefits.

 

 

 

(A)    Eligibility. Any full-time permanent employee with a disabling illness, injury, or condition that will last more than fourteen consecutive calendar days who has completed one year of continuous state service immediately prior to the date of the disability and whose salary or wage is paid directly by warrant of the director of the office of budget and management is eligible for disability leave benefits granted under the provisions of section 124.385 of the Revised Code and Chapter 123:1-33 of the Administrative Code. To be eligible for disability leave benefits, an employee  must  be  disability  separated  pursuant  to  rule  123:1-30-01  or  the

Administrative  Code  or  rule  123:1-30-02  of  the

Administrative  Code  or  rule

123:1-30-03 of the Administrative Code; or in active pay status or approved sick leave; or on approved disability leave; or approved leave of absence pursuant to rule 123:1-34-01 of the Administrative Code or the appropriate collective bargaining agreement for the employee's personal medical reasons.

(B)    Recovery period. An employee eligible for pursuant to paragraph (A) of this rule shall only receive disability leave benefits if the employee is medically incapable of performing the duties of their position. under Chapter 123:1-33 of the Administrative Code may, Such an employee, with the approval of the director of administrative services, may receive disability leave benefits up to the standard recovery period as defined in the department of administrative services' recovery period guidelines. If it is determined that the employee is incapable of performing the duties of the employee's position.

The director of administrative services may delegate to any agency the authority to approve benefits for up to a standard recovery period for a select list of disabilities from the department of administrative services' recovery period guidelines. Only the department of administrative services shall have the authority to deny an application for disability benefits.

If the employee does not return to work following a standard recovery period, and submits additional information, the employee's claim will be reviewed to determine if the employee is capable of:

(1)  Performing the duties of the employee's position; or

(2)    Performing duties of a similar position or work activities under a transitional work program.

(C)   Return to work. If it is determined that the employee is capable of performing the duties of a similar position or other duties within a transitional work program, then the appointing authority may provide such work for the employee. An employee will continue to receive disability leave benefits for the hours the employee is unable  to  return  to  work  while  the  employee  participates  in  an  authorized

transitional work program in accordance with paragraph (B) of rule 123:1-33-07 of the Administrative Code. If the appointing authority is unable to provide the employee with a transitional work program, the employee may receive disability leave benefits until he or she is capable of performing the duties of the employee's position or until the appointing authority is able to provide the employee with a transitional work program, whichever is earlier.

(D)   Obligation to consult a licensed practitioner. An employee is obligated to consult a state licensed practitioner to receive necessary medical care prior to receiving disability benefits. In the case of an alcohol or drug addiction diagnoses, an employee shall consult the state's alcohol or other drug addition program, the state of Ohio employee assistance program, or another certified alcohol and other drug addiction treatment professional to confirm that the employee's condition prevents the employee from performing the duties of the employee's position, a similar position, or other duties within a transitional work program. In the case of a mental health diagnoses, an employee shall consult with a licensed mental health provider to confirm that the employee's condition prevents the employee from performing the duties of the employee's position, a similar position, or other duties within a transitional work program. In all cases, an employee is obligated to follow prescribed treatment for the disabling condition to receive disability benefits.

Effective:                                                     01/18/2009

R.C. 119.032 review dates:                         10/29/2011

CERTIFIED ELECTRONICALLY

Certification

12/29/2008

Date

Promulgated Under:                           119.03

Statutory Authority:                           124.09

Rule Amplifies:                                  124.385

Prior Effective Dates:                         3/29/82, 1/7/83, 10/24/83, 4/5/84 (Emer.), 7/18/84

(Emer.), 9/1/84, 10/29/95, 11/10/96, 7/1/97 (Emer.), 9/28/97, 6/18/00, 10/29/06, 7/1/07