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Ohio Department of Natural Resources - Sick Leave Policy
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ODNR SICK LEAVE POLICY-PROCEDURE
Effective April 1, 2011
Purpose The purpose of this policy is to establish a consistent method of authorizing employee sick leave, defining inappropriate use of sick leave and outlining the discipline and corrective action for such inappropriate use.
Authority

ORC 124.38, 124.382, 124.383, 124.384

OAC 123:1-32-01

OAC 123:1-47-01

FOP Bargaining Agreement Article 40

OCSEA Bargaining Agreement Article 29
Reference FOP Bargaining Agreement, A/S, 40.01
08OCSEA Bargaining Agreement, A/S 29.01-08
Resource Office of Human Resources

GUIDELINES

Sick leave shall be granted to employees who are unable to work because of illness or injury of the employee or a member of his/her immediate family living in the employee's household or because of medical appointments or other ongoing treatment. It is also the policy of the Department to take corrective action for unauthorized use and/or abuse of sick leave.

When an employee is sick and unable to report for work, the employee must notify his/her immediate supervisor or designee no later than one-half hour after starting time, unless circumstances preclude notification. Notification is defined as actually speaking to your immediate supervisor or designee. If there is no designee or the employee is unable to contact a designee, the employee should notify the next person in their chain of command. If the employee is unable to speak directly with his/her supervisor or the designee, the employee shall notify his/her Division Human Resources section or follow already established Division/Office procedures.

The employee must complete a Request for Leave (ADM4258) form immediately upon his/her return from an unexpected illness or prior to a medical appointment. The Department may request that a statement from a physician who has examined the employee (or the ill member of the employee's immediate family) be submitted within a reasonable period of time. The physician or his/her designee must sign the statement.

If sick leave continues past the first day, the employee will notify his/her supervisor or designee every day thereafter unless prior notification was given of the number of days to be off. When hospitalized or convalescence at home is required, the employee is responsible for notifying the supervisor at the start and end of such period.

Employees using sick leave or other leave in lieu of sick leave for three consecutive work days may be required to provide a statement, written and signed by a physician or his or her designee who has examined the employee or the member of the employee's immediate family.

OCSEA employees in classifications identified by the Employer as normally requiring overtime to cover an absence and who are scheduled to work and call off sick the scheduled day before, the day of, or the scheduled day after a holiday shall forfeit their right to holiday pay for the day unless there is documented, extenuating circumstances which prohibit the employee from reporting for duty.  This only applies to the following holidays: New Year’s Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas.

An exempt employee not in active pay status for the entire scheduled work day immediately preceding the holiday shall not receive holiday compensation unless the employee is participating in mandatory cost savings day or a voluntary cost savings day.

DEFINITION(S)

  • 1. Sick Leave: Absence for medical reasons.
  • 2. Unauthorized Use of Sick Leave:
    • a. Failure to notify supervisor of medical absence.
    • b. Failure to complete standard sick leave form.
    • c. Failure to provide physician's verification when required.
    • d. Fraudulent physician verification.
  • 3. Misuse of Sick Leave: Use of sick leave for that which it was not intended or provided.
  • 4. Pattern Abuse: Consistent periods of sick leave usage, for example:
    • a. Before and/or after holidays.
    • b. Before and/or after weekends or regular days off.
    • c. After pay days.
    • d. Any one specific day.
    • e. Absence following overtime worked.
    • f. Half days.
    • g. Continued pattern of maintaining zero or near zero leave balances.
    • h. Excessive absenteeism - use of more sick leave than granted.
  • 5. Immediate Family

For purposes of this policy, immediate family is defined as:

a. OCSEA/AFSCME & FOP - spouse, significant other ("significant other" as used in this policy, is defined to mean one who stands in place of a spouse and who resides with the employee), child, step-child, grandchild, parents, step-parents, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents, great grandparents, brother, sister, step-siblings, brother-in-law, sister-in-law or legal guardian or other person who stands in the place of a parent.

b. Exempt - spouse, parents, children, grandparents, siblings, grandchildren, brother-in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, father-in-law, step-parents, step-children, step-siblings, or a legal guardian or other person who stands in the place of a parent. (OAC 123:1-47-01)

USAGE

The amount of sick leave charged against an employee’s accrual shall be the amount used, charged in units of one-tenth hour.

Employees shall be paid for sick leave at the rates specified below.

Hours Used

Percent of Regular Rate

1 - 40 sick leave

100%

40.1 plus sick leave*

70%

Any sick leave utilized in excess of 80 hours will be paid at 100%.

Any sick leave used during 40.1 to 80 hours will be paid at one hundred percent (100%) when the sick leave usage is for the employee, employee’s spouse or child residing with the employee for the following:

1) Time spent hospitalized overnight or for those hours of sick leave used before or after the hospital stay that are contiguous to the hospital stay;

2) Time spent in outpatient surgery or for those hours of sick leave used before or after the outpatient surgery that are contiguous to the outpatient surgery;

3) Sick leave requested at least thirty (30) calendar days in advance for prescheduled medical appointments may be supplemented at the employee’s request to one hundred percent (100%) of pay with available sick leave balances provided that a doctor’s statement is submitted on the first day the employee returns to work following the absence.

CARRY-OVER AND CONVERSION

For AFSCME, FOP and Exempt Employees, the cash conversion of the sick leave accrued and not used for each usage period shall be at the following rates:

Number of Hours Subject to Cash Conversion

Percent of Regular Rate

80

80%

72 to 79.9

75%

64 to 71.9

70%

56 to 63.9

65%

48 to 55.9

60%

47.9 and less

55%

PROCEDURES

1. Physician's Verification

At the Director’s or designee's discretion, employees using sick leave or other leave in lieu of sick leave for three consecutive work days may be required to provide a statement, written and signed by a physician or his or her designee who has examined the employee or the member of the employee's immediate family.

At the Director’s or designee's discretion, in consultation with the Human Resources Administrator, the employee may be required to provide a statement, written and signed by a physician or his or her designee who has examined the employee or the member of the employee's immediate family, for all future illness. This requirement shall be in effect until such time as the employee has accrued a reasonable sick leave balance. However, if the Director or designee finds mitigating or extenuating circumstances surrounding the employee's use of sick leave, then the physician's verification need not be required.

Should the Director or designee find it necessary to require the employee to provide the physician's verification for future illnesses, the order will be made in writing using a "Physician's Verification" notification with a copy to the employee's personnel file.

Those employees who have been required to provide a physician's verification will be considered for approval only if the physician's verification is provided within three (3) days after returning to work.

2. Unauthorized Use or Abuse of Sick Leave

When unauthorized use or abuse of sick leave is substantiated, the Director or designee will affect corrective and progressive discipline, keeping in mind any extenuating or mitigating circumstances.

The Human Resources Administrator or designee will explain the serious consequences of continued unauthorized use or abuse of sick leave. The Human Resources Administrator or designee shall be available and receptive to a request for an Employee Assistance Program.

3. Pattern of Abuse

If an employee abuses sick leave in a pattern, per examples noted in the section under definitions (but not limited to those listed), the supervisor or designee may reasonably suspect pattern abuse. If it is suspected, the supervisor or designee will notify the employee in writing that pattern abuse is suspected. The supervisor or designee will use the "Pattern Abuse" form for notification The notice will also invite the employee to explain, rebut or refute the pattern abuse claim. Use of sick leave for valid reasons shall not be considered pattern abuse.