Chapter 123:1-31 | Removals, Reductions, or Suspensions

Rule 123:1-31-01 | General procedure for removals, reductions, suspensions, or fines.

• Effective: July 31, 2023
• Promulgated Under: 119.03

A removal, reduction in pay or position, suspension or fine of more than forty work hours in the case of an employee exempt from the payment of overtime compensation, a suspension or fine of more than twenty-four work hours in the case of an employee not exempt from the payment of overtime compensation, , or the reduction or elimination of longevity, except as otherwise provided in division 123:1 of the Administrative Code, will be made for one or more of the statutory reasons enumerated in section 124.34 of the Revised Code. The employee will be notified in writing, on a form provided by the director or the state personnel board of review, or equivalent form, of the statutory reasons for the action and the effective date thereof. This form will advise the employee of the right to appeal. Any such appeal will be made in accordance with the rules of the state personnel board of review. The denial of a one-time pay supplement or a bonus to officer or employee is not a reduction in pay for purposes of this rule.

Last updated July 31, 2023 at 8:28 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.34
Five Year Review Date: 5/15/2028
Prior Effective Dates: 5/1/1966, 1/9/1976, 4/5/1999, 7/1/2007, 4/7/2013, 8/2/2018

Rule 123:1-31-02 | Step reduction.

• Effective: July 31, 2023
• Promulgated Under: 119.03

(A) For purposes of this rule, "step reduction" means reducing an employee one step in the applicable pay table for purposes of calculating the employee's compensation.

(B) At the appointing authority's discretion, an employee may receive a step reduction as a form of progressive discipline. This form of discipline is only to be imposed as an alternative to termination and will not interfere with the employee's normal step anniversary.

Last updated July 31, 2023 at 8:28 AM

Supplemental Information

Authorized By: 124.09(A)
Amplifies: 124.34
Five Year Review Date: 5/15/2028
Prior Effective Dates: 7/1/2006

Rule 123:1-31-03 | Absence without leave.

• Effective: July 31, 2023
• Promulgated Under: 119.03

(A) Any employee in the classified service who is absent from duty habitually or for three or more successive duty days, without leave and without approval by the employee's appointing authority for such absence may be subject to removal for neglect of duty under provisions of section 124.34 of the Revised Code.

(B) This rule does not require an appointing authority to initiate removal action if it is determined to be unwarranted nor does it preclude removal action for a shorter period of absence if the absence is of sufficient seriousness. The determination as to what constitutes a serious situation is made by the appointing authority of the agency.

Last updated July 31, 2023 at 8:28 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.34
Five Year Review Date: 5/15/2028
Prior Effective Dates: 5/1/1966

Rule 123:1-31-04 | Reduction or demotion.

• Effective: July 31, 2023
• Promulgated Under: 119.03

Reduction or demotion will be made only for one or more of the reasons given in section 124.34 of the Revised Code, except that voluntary written agreement by an employee to a demotion or reduction is considered a satisfactory basis for such action in the absence of evidence to the contrary. The salary of an employee following demotion will be fixed by the director at the equitable rate, not to exceed the rate of pay prior to the demotion.

Last updated July 31, 2023 at 8:29 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.34
Five Year Review Date: 5/15/2028

Rule 123:1-31-05 | Definition of unsatisfactory performance.

• Effective: August 11, 2016
• Promulgated Under: 119.03

As used in section 124.34 of the Revised Code, the term "unsatisfactory performance" means actions by an employee in the service of the state that do not meet the established expectations of the employee's position or classification, or of the appointing authority for such employee or others in the employee's position or classification, which includes, but is not limited to, the following:

(A) Failure to meet established work standards for a position;

(B) Failure to adequately perform the established duties of a position;

(C) Failure to meet established goals;

(D) Failure to meet established competencies;

(E) Failure to adequately complete a training plan; or

(F) Failure to adequately complete a performance improvement plan.

Last updated September 14, 2023 at 9:25 AM

Supplemental Information

Authorized By: 124.09, 124.34
Amplifies: 124.34
Five Year Review Date: 5/15/2028