2011 Ohio Revised Code
Title [33] XXXIII EDUCATION - LIBRARIES
Chapter 3319: SCHOOLS - SUPERINTENDENT; TEACHERS; EMPLOYEES
3319.085 [First of two versions] Military leave for nonteaching employees.


OH Rev Code § 3319.085 What's This?

Any nonteaching school employee who, subsequent to September 1, 1962, has left, or leaves, the employ of a board of education for the purpose of entering on extended active duty in the armed services of the United States or the auxiliaries thereof, and within eight weeks enters such service and who has returned, or returns, from such service with an honorable discharge or certificate of service shall be re-employed by the board of education of the district in which he held such school position, under the same type of contract as that which he last held in such district, if such nonteaching school employee applies, within ninety days after such discharge, to such board of education for re-employment. Upon such application, such nonteaching school employee shall be re-employed at the first of the next school semester, if such application is made not less than thirty days prior to the first of such next school semester, in which case such nonteaching school employee shall be re-employed the first of the following school semester, unless the board of education waives the requirement for such thirty day period. For the purposes of seniority and placement on the salary schedule, years of absence on extended active duty in the armed services of the United States or the auxiliaries thereof shall not exceed four, and shall be counted as though school service had been performed during such time. The board of education of the district in which such nonteaching school employee was employed and is re-employed under this section may suspend the contract of the nonteaching school employee whose services become unnecessary by reason of the return of a nonteaching school employee from service in the armed services or auxiliaries thereof.

Effective Date: 03-18-1969

This section is set out twice. See also § 3319.085, as amended by 129th General Assembly File No. 10, SB 5, § 1, subject to referendum

3319.085 [Second of two versions] Military leave for nonteaching employees

Any nonteaching school employee who, subsequent to September 1, 1962, has left, or leaves, the employ of a board of education for the purpose of entering on extended active duty in the armed services of the United States or the auxiliaries thereof, and within eight weeks enters such service and who has returned, or returns, from such service with an honorable discharge or certificate of service shall be re-employed by the board of education of the district in which the nonteaching school employee held such school position, under the same type of contract as that which the nonteaching school employee last held in such district, if such nonteaching school employee applies, within ninety days after such discharge, to such board of education for re-employment. Upon such application, such nonteaching school employee shall be re-employed at the first of the next school semester, if such application is made not less than thirty days prior to the first of such next school semester, in which case such nonteaching school employee shall be re-employed the first of the following school semester, unless the board of education waives the requirement for such thirty-day period.

For the purposes of seniority , years of absence on extended active duty in the armed services of the United States or the auxiliaries thereof shall not exceed four, and shall be counted as though school service had been performed during such time.

The board of education of this district in which such nonteaching school employee was employed and is re-employed under this section may suspend the contract of the nonteaching school employee whose services become unnecessary by reason of the return of a nonteaching school employee from service in the armed services or auxiliaries thereof.

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: 03-18-1969

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.

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