| Sec. 5923.05. (A)(1) Permanent public employees who are | 11 |
|
members
of the
Ohio organized militia or members of other reserve | 12 |
|
components of
the armed forces of the United States, including the | 13 |
|
Ohio
national
guard, are entitled to a leave of absence from their | 14 |
|
respective
positions without loss of pay for the time they are | 15 |
|
performing
service in the uniformed services,
for periods of up
to | 16 |
|
one month, for each
calendar year in which
they are performing | 17 |
|
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 |
| (b) "Month" means twenty-two eight-hour work days
or
one | 27 |
|
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 or if such firefighters or other | 31 |
|
permanent public employees are required to conduct two or three | 32 |
|
weeks of military training per year under the AFORGEN or ARFORGEN | 33 |
|
Model, seven hundred sixty-eight hours within one calendar year. | 34 |
| (c) "Permanent public
employee" means any person holding a | 35 |
|
position in public
employment
that requires working a regular | 36 |
|
schedule of twenty-six consecutive
biweekly pay periods, or any | 37 |
|
other regular schedule of comparable
consecutive
pay periods, | 38 |
|
which is not limited to a specific season
or duration. | 39 |
|
"Permanent public employee" does not include student
help; | 40 |
|
intermittent,
seasonal, or external interim employees; or | 41 |
|
individuals covered by personal
services contracts. | 42 |
| (d) "State agency" means any department, bureau, board, | 43 |
|
commission, office, or other organized body established by the | 44 |
|
constitution or laws of this state for the exercise of any | 45 |
|
function of state government, the general assembly, all | 46 |
|
legislative agencies, the supreme court, the court of claims, and | 47 |
|
the state-supported institutions of higher education. | 48 |
| (e) "Service in the uniformed services" means the performance | 49 |
|
of duty, on a
voluntary or involuntary basis, in a uniformed | 50 |
|
service, under competent
authority, and includes active duty, | 51 |
|
active duty for training, initial active
duty for training, | 52 |
|
inactive duty for training, full-time national guard duty,
and | 53 |
|
performance of duty or training by a member of the Ohio organized | 54 |
|
militia
pursuant to Chapter 5923. of the Revised Code. "Service in | 55 |
|
the uniformed
services" includes also the period of time for which | 56 |
|
a person is absent from a
position of public or private employment | 57 |
|
for the purpose of an examination to
determine the fitness of the | 58 |
|
person to perform any duty described in this
division. | 59 |
| (f) "Uniformed services" means the armed forces, the Ohio | 60 |
|
organized militia
when engaged in active duty for training, | 61 |
|
inactive duty training, or full-time
national guard duty, the | 62 |
|
commissioned corps of the public health service, and
any other | 63 |
|
category of persons designated by the president of the United | 64 |
|
States
in time of war or emergency. | 65 |
| (B) Except as otherwise provided in division
(D) of this | 66 |
|
section, any permanent public employee
who is employed by a | 67 |
|
political subdivision, who is entitled to the
leave provided
under | 68 |
|
division (A) of this section, and who is
called or ordered
to
the | 69 |
|
uniformed services for longer than a
month, for each
calendar
year | 70 |
|
in which the employee performed
service in the
uniformed
services, | 71 |
|
because of an executive order
issued by the
president of
the | 72 |
|
United States, because of an act of congress,
or
because of an | 73 |
|
order to perform duty issued by the governor
pursuant to section | 74 |
|
5919.29 of the Revised Code
is entitled,
during the
period | 75 |
|
designated
in the order or act, to
a leave of
absence and
to be | 76 |
|
paid, during each
monthly pay period
of that
leave of
absence, the | 77 |
|
lesser of the following: | 78 |
| (C)
Except as otherwise provided in division (D) of this | 84 |
|
section, any permanent public employee who is employed by a state | 85 |
|
agency, who is entitled to the leave provided under division
(A) | 86 |
|
of this section, and who is called or ordered to the uniformed | 87 |
|
services for longer than a month, for each calendar year in which | 88 |
|
the employee performed service in the uniformed services, because | 89 |
|
of an executive order issued by the president of the United | 90 |
|
States, because of an act of congress, or because of an order to | 91 |
|
perform duty issued by the governor pursuant to section 5919.29 or | 92 |
|
5923.21 of
the Revised Code is entitled, during the period | 93 |
|
designated in
the
order or act, to a leave of absence and to be | 94 |
|
paid, during
each
monthly pay period of that leave of absence, the | 95 |
|
difference
between the permanent public employee's gross monthly | 96 |
|
wage or
salary as a permanent public employee and the sum of the | 97 |
|
permanent
public employee's gross uniformed pay and allowances | 98 |
|
received that
month. | 99 |
| (E) Any political subdivision of the state, as defined in | 107 |
|
section
2744.01 of
the Revised Code, may elect to
pay any of its | 108 |
|
permanent public employees who are entitled to the
leave provided | 109 |
|
under division (A) of this section and who are
called or ordered | 110 |
|
to the uniformed services
for longer than one month, for each | 111 |
|
calendar year in which
the employee performed service in the | 112 |
|
uniformed services,
because of an executive order issued by the | 113 |
|
president or an act
of congress, such payments, in addition to | 114 |
|
those
payments required by division (B) of this section, as may be | 115 |
|
authorized by the legislative authority of the political | 116 |
|
subdivision. | 117 |