2011 Ohio Revised Code
Title [1] I STATE GOVERNMENT
Chapter 124: DEPARTMENT OF ADMINISTRATIVE SERVICES - PERSONNEL
124.388 [First of two versions] Administrative leave.

(A) An appointing authority may, in its discretion, place an employee on administrative leave with pay. Administrative leave with pay is to be used only in circumstances where the health or safety of an employee or of any person or property entrusted to the employee’s care could be adversely affected. Compensation for administrative leave with pay shall be equal to the employee’s base rate of pay. The length of administrative leave with pay is solely at the discretion of the appointing authority, but shall not exceed the length of the situation for which the leave was granted. An appointing authority may also grant administrative leave with pay of two days or less for employees who are moved in accordance with section 124.33 of the Revised Code.

(B) An appointing authority may, in its discretion, place an employee on administrative leave without pay for a period not to exceed two months, if the employee has been charged with a violation of law that is punishable as a felony. If the employee subsequently does not plead guilty to or is not found guilty of a felony with which the employee is charged or any other felony, the appointing authority shall pay the employee at the employee’s base rate of pay, plus interest, for the period the employee was on the unpaid administrative leave.

Effective Date: 03-30-1999; 07-01-2007

This section is set out twice. See also § 124.388, as amended by 129th General Assembly File No. 10, SB 5, § 1, subject to referendum.

124.388 [Second of two versions] Administrative leave

(A) Except as otherwise provided in division (C) of this section, an appointing authority may, in its discretion, place an employee on administrative leave with pay. Administrative leave with pay is to be used only in circumstances where the health or safety of an employee or of any person or property entrusted to the employee’s care could be adversely affected. Compensation for administrative leave with pay shall be equal to the employee’s base rate of pay. The length of administrative leave with pay is solely at the discretion of the appointing authority, but shall not exceed the length of the situation for which the leave was granted. An appointing authority may also grant administrative leave with pay of two days or less for employees who are moved in accordance with section 124.33 of the Revised Code.

(B) Except as otherwise provided in division (C) of this section, an appointing authority may, in its discretion, place an employee on administrative leave without pay for a period not to exceed two months, if the employee has been charged with a violation of law that is punishable as a felony. If the employee subsequently does not plead guilty to or is not found guilty of a felony with which the employee is charged or any other felony, the appointing authority shall pay the employee at the employee’s base rate of pay, plus interest, for the period the employee was on the unpaid administrative leave.

(C) An appointing authority that is a city school district may place an employee on administrative leave in accordance with the policy the board of education of the district adopts pursuant to section 3319.141 of the Revised Code.

Amended by 129th General Assembly File No. 10, SB 5, § 1. This amendment is subject to referendum in the Nov. 8, 2011 election.

Effective Date: 03-30-1999; 07-01-2007

The amendment to this section by 129th General Assembly File No. 10, SB 5, § 1 has been made subject to referendum in the upcoming November, 2011 election.

This section is set out twice.