| Sec. 325.192. A county employee, hereinafter referred to as | 29 |
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the "donor," may donate the county employee's accrued sick, | 30 |
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vacation, compensatory, or personal leave or a combination thereof | 31 |
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to another employee of the same county, hereinafter referred to as | 32 |
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the "donee," who is in critical need of the leave under the | 33 |
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conditions specified later in this section. The donor and donee | 34 |
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shall be employed by the same county but do not need to be | 35 |
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employed by the same appointing authority. A donation of sick, | 36 |
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vacation, compensatory, or personal leave or a combination thereof | 37 |
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is in the sole discretion of a county employee. A county | 38 |
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appointing authority may not solicit or by any means coerce a | 39 |
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county employee to donate sick, vacation, compensatory, or | 40 |
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personal leave to another county employee. But a county appointing | 41 |
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authority, after having obtained written consent from the | 42 |
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potential donee, may inform county employees generally of the | 43 |
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potential donee's critical need for donations of sick, vacation, | 44 |
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compensatory, or personal leave. | 45 |
| A donation of sick, vacation, compensatory, or personal leave | 46 |
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shall consist of not less than eight hours of sick, vacation, | 47 |
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compensatory, or personal leave or a combination thereof, and | 48 |
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shall be deducted from the balance of the donor's accrued sick, | 49 |
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vacation, compensatory, or personal leave, as the case may be. A | 50 |
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donation may be made for only one pay period at a time. A donation | 51 |
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is void if the intended donee is ineligible to receive a donation | 52 |
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of leave, if the donation exceeds the amount of sick, vacation, | 53 |
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compensatory, or personal leave the donor is entitled to use | 54 |
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during the pay period, or if the deduction results in the donor | 55 |
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having a combined balance of sick, vacation, compensatory, or | 56 |
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personal leave that equals less than eighty hours. To make a | 57 |
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donation of sick, vacation, compensatory, or personal leave or of | 58 |
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a combination thereof, the donor shall certify, to the donor's | 59 |
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appointing authority, the name of the donee, the donee's | 60 |
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appointing authority, the type of leave to be donated, the hours | 61 |
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of leave to be donated, that the donor is donating the leave | 62 |
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voluntarily, that the donor understands that the leave will be | 63 |
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deducted from the donor's accrued balance of sick, vacation, | 64 |
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compensatory, or personal leave, and that the donor will have a | 65 |
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combined balance of accrued sick, vacation, compensatory, or | 66 |
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personal leave equal to at least eighty hours after the donation | 67 |
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is deducted. A separate certification shall be made for each pay | 68 |
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period in which the donor intends to make a donation of leave. | 69 |
| A donee is eligible to receive a donation of sick, vacation, | 70 |
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compensatory, or personal leave only if the donee or a member of | 71 |
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the donee's immediate family has a serious illness or injury, the | 72 |
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donee has exhausted all sick, vacation, compensatory, or personal | 73 |
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leave the donee had accrued, the donee is not eligible for any | 74 |
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other paid leave under the circumstances, and the donee has | 75 |
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applied for any workers' compensation or other insurance or | 76 |
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disability benefit for which the donee may be eligible. (A donee's | 77 |
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immediate family consists of any relative or in-law or other | 78 |
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individual with regard to the care of whom the donee may use sick | 79 |
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leave.) A donee may use donated leave for any purpose for which | 80 |
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sick leave may be used. A donee also may use donated leave to | 81 |
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satisfy the waiting period for workers' compensation or another | 82 |
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insurance or disability benefit. And a donee may use donated leave | 83 |
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to make up or to help make up the difference between the amount | 84 |
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the donee receives through workers' compensation or another | 85 |
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insurance or disability benefit and the amount the donee would | 86 |
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have received if the donee had not exhausted the donee's sick, | 87 |
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vacation, compensatory, or personal leave. A donee may not convert | 88 |
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donated leave into a cash benefit. And if a donee is in a | 89 |
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probationary period, donated leave does not apply toward | 90 |
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satisfaction of the probationary period. | 91 |
| Donated sick, vacation, compensatory, and personal leave | 92 |
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shall be deducted from the donor's accrued sick, vacation, | 93 |
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compensatory, or personal leave and credited to the donee as sick | 94 |
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leave. The donor's appointing authority and the donee's appointing | 95 |
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authority shall provide information to the county auditor as | 96 |
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necessary to facilitate the deduction and crediting. Donated leave | 97 |
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shall be used in hourly increments at the rate that is the lesser | 98 |
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of the rate at which the donor accrued the leave or the rate at | 99 |
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which the donee would have accrued sick leave. Donated leave, | 100 |
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regardless of its source, shall be treated as if it were sick | 101 |
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leave. A donee using donated leave is in active pay status and | 102 |
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accrues leave and is entitled to other benefits the same as any | 103 |
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other comparable employee in active pay status. Any leave thus | 104 |
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accrued shall be used before donated leave is used. Any donated | 105 |
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leave that is unused by the donee remains credited to the donee as | 106 |
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if it were leave accrued by the donee in active pay status. | 107 |
| Sec. 4117.10. (A) An agreement between a public employer and | 108 |
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an exclusive representative entered into pursuant to this chapter | 109 |
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governs the wages, hours, and terms and conditions of public | 110 |
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employment covered by the agreement. If the agreement provides for | 111 |
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a final and binding arbitration of grievances, public employers, | 112 |
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employees, and employee organizations are subject solely to that | 113 |
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grievance procedure and the state personnel board of review or | 114 |
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civil service commissions have no jurisdiction to receive and | 115 |
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determine any appeals relating to matters that were the subject of | 116 |
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a final and binding grievance procedure. Where no agreement exists | 117 |
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or where an agreement makes no specification about a matter, the | 118 |
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public employer and public employees are subject to all applicable | 119 |
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state or local laws or ordinances pertaining to the wages, hours, | 120 |
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and terms and conditions of employment for public employees. Laws | 121 |
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pertaining to civil rights, affirmative action, unemployment | 122 |
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compensation, workers' compensation, the donation of paid leave | 123 |
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pursuant to section 325.192 of the Revised Code, the retirement of | 124 |
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public employees, and residency requirements, the minimum | 125 |
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educational requirements contained in the Revised Code pertaining | 126 |
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to public education including the requirement of a certificate by | 127 |
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the fiscal officer of a school district pursuant to section | 128 |
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5705.41 of the Revised Code, the provisions of division (A) of | 129 |
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section 124.34 of the Revised Code governing the disciplining of | 130 |
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officers and employees who have been convicted of a felony, and | 131 |
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the minimum standards promulgated by the state board of education | 132 |
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pursuant to division (D) of section 3301.07 of the Revised Code | 133 |
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prevail over conflicting provisions of agreements between employee | 134 |
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organizations and public employers. The law pertaining to the | 135 |
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leave of absence and compensation provided under section 5923.05 | 136 |
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of the Revised Code prevails over any conflicting provisions of | 137 |
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such agreements if the terms of the agreement contain benefits | 138 |
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which are less than those contained in that section or the | 139 |
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agreement contains no such terms and the public authority is the | 140 |
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state or any agency, authority, commission, or board of the state | 141 |
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or if the public authority is another entity listed in division | 142 |
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(B) of section 4117.01 of the Revised Code that elects to provide | 143 |
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leave of absence and compensation as provided in section 5923.05 | 144 |
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of the Revised Code. The law pertaining to the leave established | 145 |
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under section 5906.02 of the Revised Code prevails over any | 146 |
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conflicting provision of an agreement between an employee | 147 |
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organization and public employer if the terms of the agreement | 148 |
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contain benefits that are less than those contained in section | 149 |
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5906.02 of the Revised Code. Except for sections 306.08, 306.12, | 150 |
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306.35, and 4981.22 of the Revised Code and arrangements entered | 151 |
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into thereunder, and section 4981.21 of the Revised Code as | 152 |
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necessary to comply with section 13(c) of the "Urban Mass | 153 |
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Transportation Act of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as | 154 |
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amended, and arrangements entered into thereunder, this chapter | 155 |
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prevails over any and all other conflicting laws, resolutions, | 156 |
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provisions, present or future, except as otherwise specified in | 157 |
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this chapter or as otherwise specified by the general assembly. | 158 |
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Nothing in this section prohibits or shall be construed to | 159 |
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invalidate the provisions of an agreement establishing | 160 |
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supplemental workers' compensation or unemployment compensation | 161 |
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benefits or exceeding minimum requirements contained in the | 162 |
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Revised Code pertaining to public education or the minimum | 163 |
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standards promulgated by the state board of education pursuant to | 164 |
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division (D) of section 3301.07 of the Revised Code. | 165 |
| (B) The public employer shall submit a request for funds | 166 |
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necessary to implement an agreement and for approval of any other | 167 |
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matter requiring the approval of the appropriate legislative body | 168 |
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to the legislative body within fourteen days of the date on which | 169 |
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the parties finalize the agreement, unless otherwise specified, | 170 |
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but if the appropriate legislative body is not in session at the | 171 |
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time, then within fourteen days after it convenes. The legislative | 172 |
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body must approve or reject the submission as a whole, and the | 173 |
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submission is deemed approved if the legislative body fails to act | 174 |
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within thirty days after the public employer submits the | 175 |
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agreement. The parties may specify that those provisions of the | 176 |
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agreement not requiring action by a legislative body are effective | 177 |
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and operative in accordance with the terms of the agreement, | 178 |
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provided there has been compliance with division (C) of this | 179 |
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section. If the legislative body rejects the submission of the | 180 |
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public employer, either party may reopen all or part of the entire | 181 |
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agreement. | 182 |
| (C) The chief executive officer, or the chief executive | 189 |
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officer's representative, of each municipal corporation, the | 190 |
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designated representative of the board of education of each school | 191 |
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district, college or university, or any other body that has | 192 |
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authority to approve the budget of their public jurisdiction, the | 193 |
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designated representative of the board of county commissioners and | 194 |
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of each elected officeholder of the county whose employees are | 195 |
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covered by the collective negotiations, and the designated | 196 |
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representative of the village or the board of township trustees of | 197 |
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each township is responsible for negotiations in the collective | 198 |
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bargaining process; except that the legislative body may accept or | 199 |
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reject a proposed collective bargaining agreement. When the | 200 |
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matters about which there is agreement are reduced to writing and | 201 |
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approved by the employee organization and the legislative body, | 202 |
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the agreement is binding upon the legislative body, the employer, | 203 |
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and the employee organization and employees covered by the | 204 |
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agreement. | 205 |
| (D) There is hereby established an office of collective | 206 |
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bargaining in the department of administrative services for the | 207 |
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purpose of negotiating with and entering into written agreements | 208 |
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between state agencies, departments, boards, and commissions and | 209 |
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the exclusive representative on matters of wages, hours, terms and | 210 |
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other conditions of employment and the continuation, modification, | 211 |
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or deletion of an existing provision of a collective bargaining | 212 |
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agreement. Nothing in any provision of law to the contrary shall | 213 |
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be interpreted as excluding the bureau of workers' compensation | 214 |
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and the industrial commission from the preceding sentence. This | 215 |
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office shall not negotiate on behalf of other statewide elected | 216 |
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officials or boards of trustees of state institutions of higher | 217 |
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education who shall be considered as separate public employers for | 218 |
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the purposes of this chapter; however, the office may negotiate on | 219 |
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behalf of these officials or trustees where authorized by the | 220 |
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officials or trustees. The staff of the office of collective | 221 |
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bargaining are in the unclassified service. The director of | 222 |
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administrative services shall fix the compensation of the staff. | 223 |