As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 498


Representative Fessler 

Cosponsors: Representatives Flowers, Boyd, Lundy, Yuko 



A BILL
To amend section 5923.05 of the Revised Code to grant 1
annual military leave of up to 408 hours to 2
firefighters and those other public employees who 3
do not work a traditional workweek of 40 hours and 4
to entitle firefighters and these public employees 5
to use such leave to cover an entire work shift 6
any part of which was used to perform military 7
service.8


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 5923.05 of the Revised Code be 9
amended to read as follows:10

       Sec. 5923.05.  (A)(1) Permanent public employees who are11
members of the Ohio organized militia or members of other reserve12
components of the armed forces of the United States, including the13
Ohio national guard, are entitled to a leave of absence from their14
respective positions without loss of pay for the time they are15
performing service in the uniformed services, for periods of up to 16
one month, for each calendar year in which they are performing17
service in the uniformed services. Firefighters and other 18
permanent public employees who do not work a traditional workweek 19
of forty hours are entitled to use the leave of absence granted 20
under this division to cover an entire work shift any part of 21
which the employee is absent because of performing service in the 22
uniformed services.23

       (2) As used in this section:24

       (a) "Calendar year" means the year beginning on the first day25
of January and ending on the last day of December.26

       (b) "Month" means twenty-two eight-hour work days or one27
hundred seventy-six hours within one calendar year or, in the case 28
of firefighters and other permanent public employees who do not 29
work a traditional workweek of forty hours, four hundred eight 30
hours within one calendar year.31

       (c) "Permanent public employees" and "uniformed services"32
have the same meanings as in section 5903.01 of the Revised Code.33

       (d) "State agency" means any department, bureau, board,34
commission, office, or other organized body established by the35
constitution or laws of this state for the exercise of any36
function of state government, the general assembly, all37
legislative agencies, the supreme court, the court of claims, and38
the state-supported institutions of higher education.39

       (B) Except as otherwise provided in division (D) of this40
section, any permanent public employee who is employed by a41
political subdivision, who is entitled to the leave provided under 42
division (A) of this section, and who is called or ordered to the 43
uniformed services for longer than a month, for each calendar year 44
in which the employee performed service in the uniformed services, 45
because of an executive order issued by the president of the46
United States, because of an act of congress, or because of an 47
order to perform duty issued by the governor pursuant to section 48
5919.29 of the Revised Code is entitled, during the period 49
designated in the order or act, to a leave of absence and to be 50
paid, during each monthly pay period of that leave of absence, the51
lesser of the following:52

       (1) The difference between the permanent public employee's53
gross monthly wage or salary as a permanent public employee and54
the sum of the permanent public employee's gross uniformed pay and55
allowances received that month;56

       (2) Five hundred dollars.57

       (C) Except as otherwise provided in division (D) of this58
section, any permanent public employee who is employed by a state59
agency, who is entitled to the leave provided under division (A)60
of this section, and who is called or ordered to the uniformed61
services for longer than a month, for each calendar year in which62
the employee performed service in the uniformed services, because63
of an executive order issued by the president of the United64
States, because of an act of congress, or because of an order to65
perform duty issued by the governor pursuant to section 5919.29 or 66
5923.21 of the Revised Code is entitled, during the period 67
designated in the order or act, to a leave of absence and to be 68
paid, during each monthly pay period of that leave of absence, the 69
difference between the permanent public employee's gross monthly 70
wage or salary as a permanent public employee and the sum of the 71
permanent public employee's gross uniformed pay and allowances 72
received that month.73

       (D) No permanent public employee shall receive payments under 74
division (B) or (C) of this section if the sum of the permanent75
public employee's gross uniformed pay and allowances received in a76
pay period exceeds the employee's gross wage or salary as a77
permanent public employee for that period or if the permanent78
public employee is receiving pay under division (A) of this79
section.80

       (E) Any political subdivision of the state, as defined in81
section 2744.01 of the Revised Code, may elect to pay any of its82
permanent public employees who are entitled to the leave provided83
under division (A) of this section and who are called or ordered84
to the uniformed services for longer than one month, for each85
calendar year in which the employee performed service in the86
uniformed services, because of an executive order issued by the87
president or an act of congress, such payments, in addition to88
those payments required by division (B) of this section, as may be89
authorized by the legislative authority of the political90
subdivision.91

       (F) Each permanent public employee who is entitled to leave92
provided under division (A) of this section shall submit to the93
permanent public employee's appointing authority the published94
order authorizing the call or order to the uniformed services or a95
written statement from the appropriate military commander96
authorizing that service, prior to being credited with that leave.97

       (G) Any permanent public employee of a political subdivision98
whose employment is governed by a collective bargaining agreement99
with provision for the performance of service in the uniformed100
services shall abide by the terms of that collective bargaining101
agreement with respect to the performance of that service, except102
that no collective bargaining agreement may afford fewer rights103
and benefits than are conferred under this section.104

       Section 2. That existing section 5923.05 of the Revised Code 105
is hereby repealed.106