123:1-46-05 Leave donation program.  

  • Text Box: ACTION: Revised Text Box: DATE: 11/20/2008 1:13 PM

     

     

     

    Rule Summary and Fiscal Analysis (Part A)

     

    Department of Administrative Services

    Agency Name

     

    Division of Human Resources                            Robert Patchen

    Division                                                                  Contact

     

    100 East Broad Street, 15th Floor Columbus OH 43215-0000

    6144667567

    Agency Mailing Address (Plus Zip)                                       Phone                     Fax

    123:1-46-05

    Rule Number

    NEW

    TYPE of rule filing

    Rule Title/Tag Line              Leave donation program.

    RULE SUMMARY

    1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

    2.  Are you proposing this rule as a result of recent legislation? No

    3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

    4.  Statute(s) authorizing agency to adopt the rule: 124.09, 124.391

    5.  Statute(s) the rule, as filed, amplifies or implements: 124.391

    6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

    To clarify some of the language in the current version of the rule to make it easier for employees and appointing authorities to unerstand and apply the donated paid leave program.

    7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

    The rule contains the eligibility requirements to both donate leave and to receive

    donated leave. The rule also contains the mechanics and the restrictions for the donated leave program.

    8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

    121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

    This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

    9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

    This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

    10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

    Not Applicable.

    11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

    Revised the language in paragraph (B)(4) to bring the scope of the type of situation back to just including the serious illness or injury of an employee or a member of the employee's immediate family as a qualifying factor. This change keeps this scope consistent with the current version of the rule, which was not intended to be changed by adopting this new version of the rule. Added a definition for the term "new sick leave" in paragraph (A)(2) and then use that term in paragraph (C)(4) to describe that "new sick leave" must be donated first by an eligible employee and only if they exhaust their "new sick leave" can they donate other sick leave the donating employee might have subject to the requirements that cover a donating employee.

    12.  119.032 Rule Review Date:

    (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

    NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

    FISCAL ANALYSIS

    13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

    This will have no impact on revenues or expenditures.

    $0.00

    The agency is not expecting any fiscal impact as a result of this rule being adopted as it is replacing the existing rule for the program with the intent for the rule to be easier to understand.

    14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

    Not Applicable

    15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

    Not Applicable

    16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

    17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No