Procedure No.:   40.030

Page No.:        1,2,3, and 4 of 4

Date Issued:     5/9/02

Issued By:       Gary North

Purpose

To provide policy and procedure for the accrual and use of sick and bereavement (i.e., sick leave) leave and the conversion and payment of unused sick leave at time of retirement or upon death of an employee.

Policy

It is the policy of Ohio University that all classified employees (see Procedure No. 40.040 for definition) may earn and accrue sick leave hours which may be used for paid sick leave when necessary. Sick leave will be earned at the rate of 4.6 hours for each 80 hours of service. Credit is proportionate to the hours paid in each bi-weekly pay period and is accrued for all time on active pay status, including vacation and sick leave. There is no limit as to the amount of sick leave which may be accumulated. The policy regarding notification and verification of sick leave usage is detailed below.

Procedures

Notification of Absence

When an employee is unable to report for work, he or she is required to notify the immediate supervisor or other designated person. Such notification must be made as soon as possible but not later than one-half hour after the time the employee is scheduled to begin work on the first day of absence and each work day thereafter for the next successive six (6) calendar days. If such notification is not made, except when emergency or other extenuating conditions make it impossible to give the proper notice, the absence may be charged to leave without pay.

In those departments whose operation is twenty-four (24) hours a day, seven (7) days a week, the notification of absence must be reported at least two (2) hours before the employee's scheduled starting time, unless emergency conditions make it impossible.

In the case of extended absences beyond seven (7) consecutive calendar days, a physician's statement shall be required specifying the employee's inability to work and the probable date of recovery. It is the employee's responsibility to notify supervision when hospitalization or institutionalization is required, unless emergency conditions prevent such notification. When convalescence at home is required, the employee shall notify supervision at the start and termination of such convalescence.

Approval of Sick/Bereavement Leave

Sick leave shall be granted to employees for absences during regularly scheduled work hours (not overtime). SICK LEAVE MAY ONLY BE USED FOR THE FOLLOWING REASONS AND UNLESS THE EMPLOYEE'S ABSENCE IS FOR ONE OF THESE REASONS, THE ABSENCE WILL NOT BE APPROVED AS SICK LEAVE.

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A. Illness, injury or pregnancy related condition of the employee or a member of the employee's immediate family where the employee's presence is reasonably necessary for the health and welfare of the employee or affected family member.

B. Death of a member of the employee's immediate family (use of sick/bereavement leave not to exceed five [5] paid days of sick/bereavement leave).

C. Medical, psychological, dental or optical examination by an appropriate practitioner for the employee or a member of the employee's immediate family where the employee's presence is reasonably necessary. (An employee has the obligation to report to work before and/or after such an examination.)

D. Exposure of an employee to a contagious disease which could be communicated to and Jeopardize the health of other employees.

Definition of Immediate Family

Spouse, parents, children, grandparents, siblings, grandchildren, brother-in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, father-in-law, a legal guardian or other person who stands in the place of a parent (loco parentis).

Application and Verification for Use of Sick Leave. Each department head shall require an employee to furnish a satisfactory written, signed statement to justify the use of each absence due to sick leave. The "Application for Use of Sick Leave" Form PER 15 must be completed by the employee explaining the nature of the condition which required the use of sick leave.

PART I -- EMPLOYEE'S REQUEST: Must be completed by the employee. The specific nature of the condition should be shown on the form.

PART II -- EMPLOYEE'S AFFIDAVIT: Must be completed by the employee.

PART III -- SUPERVISOR'S ACTION: Must be completed by the employee's supervisor.

PART IV -- ADMINISTRATIVE ACTION: Must be completed by the employee's department head.

NOTE: (When the supervisor is also the department head, only the latter signature (Part IV) is required.)

If an absence exceeds seven (7) consecutive calendar days, a statement from a licensed physician, specifying the employee's inability to work shall be required to justify the use of sick leave. In addition, the University retains the right to require a medical statement to justify each and every use of sick leave when such justification is deemed to be appropriate.

Disposition of Application for Use of Sick Leave

Completed application forms should be retained by the department until the end of the pay period in which sick leave was used to verify the use of sick leave against the employee's time sheet/card. The entire period of any absence for which the use of sick leave has been approved, regardless of whether

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the employee has sufficient accrual to cover the absence, should be reported on the employee's time sheet/card. Only the amount of approved sick leave for which the employee has sufficient accrual to cover the absence will be reported on the department time summary sheet. The sick leave application forms should then be sent to University Human Resources after the payroll is submitted.

Conversion and Payment of Unused Sick Leave at Retirement

An employee retiring with ten (10) or more years of creditable state service may elect to be compensated for one-half of his/her accrued but unused sick leave not to exceed sixty (60) days. Payment will be based upon the employee's rate of pay at the time of disability or regular retirement. Such payment may be made only once to an employee and only to those employees who are on the active payroll of Ohio University at the time of retirement. All eligible employees, at the time of filing their application for retirement, must indicate their desire to elect the sick leave conversion option. The option is to be paid for one-half of nine hundred sixty hours (60) days or to carry forward the total sick leave balance for future anticipated state employment. An appropriate statement documenting the election will be made available to the employee and University Human Resources will determine the amount of hours to be paid. Payment will be made in a lump sum and included in the employee's final pay. Payment will be subject to normal payroll deductions, excluding PERS contributions and dues to an employee organization. The conversion option does not apply to any employee who resigns his or her position and elects to retire at some later date.

Conversion and Payment of Unused Sick Leave Upon Death

In the event of the death of an employee with ten (10) or more years of creditable state service, one-half of the employee's accrued but unused sick leave, not to exceed sixty (60) days, will be paid to the employee's survivors in accordance with Section 2113.04 of the Revised Code, or to the employee's estate. Payment will be based upon the employee's rate of pay at the time of death.

Miscellaneous Guidelines

Sick leave hours used are deducted from sick leave balances and will be paid only if sick leave credit is available. Accumulation, use and current balance are shown on the employee's bi-weekly pay check stub.

Sick/bereavement leave for death in the immediate family and postnatal care is limited to five (5) working days. Absence for postnatal care is generally intended for a husband. Only under extreme circumstances, such as the absence of a husband during the postnatal period or serious complications, will sick leave be granted for postnatal care to some other member of the immediate family. In this case, a physician's statement showing that the presence of the employee is necessary, will be required.

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When sick leave is requested by the employee to care for a member of the immediate family not residing in the employee's household, the department head may require a physician's certificate to the effect that the presence of the employee is reasonably necessary to care for the ill family member.

Sick leave cannot be reported on a holiday. If absent because of illness or injury on a day observed as a holiday, the employee receives regular pay which is charged to the holiday and not to sick leave.

An employee who becomes eligible for Worker's Compensation payment for loss of time due to an occupational illness or injury may elect to use sick leave before such payments are made.

If an illness or disability continues beyond the time covered by earned sick leave credit, an employee, upon request, may be granted either a leave of absence without pay or a disability leave. If a leave of absence is granted, and the illness or disability continues beyond expiration of the leave, a disability leave should then be requested by the employee.

The Assistant Vice President for Human Resources may require an employee to submit to a medical evaluation in order to determine the employee's capability to perform the substantial and material duties of the employee's position. If found not able to perform the substantial and material duties of the job, the employee may be placed on sick leave or disability leave. Such evaluations will be conducted by a physician designated by the Human Resources Director and the cost of the evaluation will be borne by the University.

An employee returning to work from sick leave may be required to obtain medical clearance from the Occupational Health Clinic as outlined in Procedure No. 40.034.

Abuse and Disciplinary Action

Non-compliance with sick leave rules outlined in this policy will result in non-payment of time absent from work. Application for use of sick leave with the intent to defraud shall be grounds for disciplinary action which may include dismissal. (Section 124.38, Ohio Revised Code.)

Dick Piccard revised this file (http://www.ohiou.edu/policy/40-030.html) on May 13, 2002.

Please E-mail any comments or suggestions to "polproc@www.ohiou.edu".