GUIDELINES

It is the policy of the Department of Natural Resources to not unreasonably deny sick leave to employees when requested It is the policy of the Department of Natural Resources to not unreasonably deny sick leave to employees when requested. 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 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 scheduled to work the day before, the day of or the day after a holiday and call off sick shall forfeit their right to holiday pay for the day unless there is documented, extenuating circumstances which prohibit the employee from reporting for duty.

Exempt employees scheduled to work on a holiday and call off sick the day before, the day of or the 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.

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.

AFSCME and Exempt employees shall be paid for sick leave at the rates specified below.

Any sick leave used during 40.1 to 80 hours for time spent hospitalized overnight by the employee, employee’s spouse or child residing with the employee or for those hours of sick leave before or after the hospital stay that are contiguous to the hospital stay, will be paid at 100%.

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

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:

PROCEDURES

1. Physician's Verification

At the Director’s or designee's discretion, in consultation with the Division’s Assistant Director and/or Human Resources Administrator, 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 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 effect 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.