2006 Ohio Revised Code - 5923.05. Permanent public employees entitled to paid military leave.

§ 5923.05. Permanent public employees entitled to paid military leave.
 

(A) (1)  Permanent public employees who are members of the Ohio organized militia or members of other reserve components of the armed forces of the United States, including the Ohio national guard, are entitled to a leave of absence from their respective positions without loss of pay for the time they are performing service in the uniformed services, for periods of up to one month, for each calendar year in which they are performing service in the uniformed services. 

(2) As used in this section: 

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

(b) "Month" means twenty-two eight-hour work days or one hundred seventy-six hours within one calendar year. 

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

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

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

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

(2) Five hundred dollars. 

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

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

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

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

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

HISTORY: GC § 5273-2; 114 v 144; 117 v 146; 119 v 93(107); 122 v 66; 124 v 299; Bureau of Code Revision, 10-1-53; 141 v H 204 (Eff 9-23-85); 144 v S 3 (Eff 4-17-91); 144 v H 260 (Eff 10-1-91); 145 v S 172 (Eff 9-29-94); 147 v S 130 (Eff 9-18-97); 149 v S 164 (Eff 11-20-2001); 149 v H 405. Eff 12-13-2001; 151 v H 530, § 101.01, eff. 6-30-06.
 

The effective date is set by § 812.03 of 151 v H 530. 

The provisions of § 4 of SB 172 (145 v  - ) read as follows: 

SECTION 4. In amending section 5923.05 of the Revised Code, the General Assembly declares its intention to supersede the effect of the holding of the Ohio Supreme Court decision in Snide v. Columbus Board of Education, 66 Ohio St.3d 626 (1993), insofar as that decision relates to the military leave to which public employees are entitled; and to provide military leave consistent with the reemployment rights provided to veterans by Chapter 43 of Title 38 of the United States Code. 

The provisions of §§ 3, 4 of SB 164 (149 v  - ) read as follows: 

SECTION 3. Any person who is entitled to additional payments provided under division (B) or (C) of section 5923.05 of the Revised Code, as amended by this act, shall receive the payments based upon the later of October 1, 2001, or the date the person's leave of absence began due to being called to active duty as specified in that division. If the person was called to active duty before the effective date of this act and that person is entitled to additional benefits under that division, as amended by this act, the person's employing entity shall pay, in a lump sum, the person the additional amount due. 

SECTION 4. Beginning October 1, 2003, and continuing as long as section 5923.05 of the Revised Code is in effect, a joint committee consisting of the standing committees of the House of Representatives and Senate to which matters concerning veterans affairs are normally referred shall biennially review the provisions of that section. Upon completion of each biennial review, the joint committee shall issue a report to the Governor, the Speaker of the House of Representatives, and the President of the Senate. The report shall make recommendations for changes to that section that the joint committee determines to be necessary. 

 

Effect of Amendments

151 v H 530, effective June 30, 2006, corrected internal references, and made mionr stylistic changes.