Chapter 3357:12-5 | Employee Benefits and Retirement

Rule 3357:12-5-10 | Cobra.

• Effective: March 18, 2015
• Promulgated Under: 111.15

Zane state college offers employees and their families the opportunity for continuation coverage on medical, dental, vision, and flexible spending account plans at a hundred and two percent of the group rates. This benefit is available under the following conditions.

(A) Retirement.

(B) Employee's involuntary termination, resignation, disability, layoff, or leave of absence.

(C) Divorce from employee/retiree.

(D) Dependent child reaching age eligibility limit.

(E) Spouses or dependents due to covered employee's entitlement to medicare.

(F) Disability with qualifications.

(G) Zane state college no longer provides coverage.

(H) The plan provides lesser benefits for a preexisting condition for which one is receiving treatment.

Please see human resources for additional information.

Supplemental Information

Authorized By: 3357
Amplifies: 3357

Rule 3357:12-5-11 | Unemployment compensation.

• Effective: March 18, 2015
• Promulgated Under: 111.15

If the employee qualifies, the college is governed by state and federal unemployment compensation guidelines.

Supplemental Information

Authorized By: 3357
Amplifies: 3357

Rule 3357:12-5-12 | Worker's compensation.

• Effective: March 18, 2015
• Promulgated Under: 111.15

Any employee of Zane state college who is accidentally injured or who contracts an occupational disease in the course of or arising from employment must report the incident to human resources via the "First Report of Injury form (FRI)" within a twenty-four hour period after injury or knowledge of the occupational disease if at all possible. Information will then be filed with the Ohio industrial commission under provisions of the Ohio Worker's Compensation Law. Any and all information pertaining to worker's compensation can be obtained from the human resources department. See appendix reference guide for form provided in the Zane state college employee handbook.

Supplemental Information

Authorized By: 3357
Amplifies: 3357

Rule 3357:12-5-19 | Retirement programs.

• Effective: March 18, 2015
• Promulgated Under: 111.15

Ohio public institutions do not participate in the social security administration, other than contributions to medicare. While employed with the college, your retirement contributions must be invested with one of the state retirement systems, state teachers retirement system of Ohio for faculty, state employees retirement system of Ohio for staff, or the alternative retirement plan, an alternative to state teachers retirement system or state employees retirement system of Ohio for eligible faculty and staff.

Supplemental Information

Authorized By: 3357
Amplifies: 3357

Rule 3357:12-5-20 | State teachers retirement system.

• Effective: March 18, 2015
• Promulgated Under: 111.15

Members of state teachers retirement system currently contribute ten per cent of their annual salaries and the college board of trustees contributes fourteen per cent. An approved tax-deferred program also known as employee pick-up, became effective July 1, 1984, for all employees. There are no deductions for social security. Effective April 1, 1986, all new employees at the college contribute 1.45 per cent of their gross salary to medicare.

State teachers retirement system is a defined benefits plan. Retirement benefits, if vested, include optional retirement age, disability retirement income, survivor benefits, optional retirement plans, healthcare plans, withdrawal privileges, opportunity to purchase additional increments, and ability to coordinate with other state retirement programs. Brochures describing this in detail are available from human resources and at the website http://www.strsoh.org.

Supplemental Information

Authorized By: 3357
Amplifies: 3357

Rule 3357:12-5-21 | School employees retirement system.

• Effective: March 18, 2015
• Promulgated Under: 111.15

Members of state employees retirement system currently contribute ten per cent of their annual salaries and the college board of trustees contributes fourteen per cent. An approved tax-deferred program, also known as employee pick-up, became effective July 1, 1984, for all employees. There are no deductions for social security. Effective April 1, 1986, all new employees at the college contribute 1.45 per cent of their gross salary to medicare.

State employees retirement system is a defined benefit plan. Retirement benefits, if vested, include optional retirement age, disability retirement income, survivor benefits, optional retirement plans, healthcare plans, withdrawal privileges, opportunity to purchase additional increments, and ability to coordinate with other state retirement programs. Brochures describing this system in detail are available from human resources and at the website http://www.ohsers.org.

Supplemental Information

Authorized By: 3357
Amplifies: 3357

Rule 3357:12-5-22 | Alternative retirement plan.

• Effective: March 18, 2015
• Promulgated Under: 111.15

Eligible faculty and unclassified administrative and professional staff hired on or after February 5, 1999, may elect an alternative retirement plan. Eligible classified staff hired on or after August 1, 2005, may elect an alternative retirement plan. Eligible employees may enroll within one hundred twenty days of initial employment or transfer from an ineligible to an eligible appointment. Eligible employees must choose an Ohio department of insurance board certified alternative retirement plan vendor. Once enrollment is established with a system, the initial election is irrevocable.

State teachers retirement system defined employees contribute ten per cent to the alternatiave retirement plan. The college contributes 10.5 per cent to the alternative retirement plan employee account and 3.5 per cent, mandated by law to the state teachers retirement system..

State employees retirement system defined administrative, professional, and classified staff employees, hired prior to August 1, 2005 contribute ten per cent to the alternative retirement plan. The college contributes fourteen per cent to the alternative retirement plan.

State employees retirement system defined administrative, professional, and classified staff employees, hired after August 1, 2005 contribute ten per cent to the alternative retirement plan. The college contributes eight per cent to the alternative retirement plan employee account and six per cent, mandated by law to state employee retirement system.

The alternative retirement plan is a defined contribution plan. No additional benefits are available upon retirement with these programs.

Supplemental Information

Authorized By: 3357
Amplifies: 3357

Rule 3357:12-5-26 | Adjunct faculty opportunities.

• Effective: March 18, 2015
• Promulgated Under: 111.15

Opportunities exist in several course areas for added compensation for teaching. Please see the current salary schedule located in the Zane state college employee handbook appendix reference guid for compensation concerning this opportunity. More information is available in the evening programs office concerning classes.

Supplemental Information

Authorized By: 3357
Amplifies: 3357

Rule 3357:12-5-27 | Paid holidays.

• Effective: March 18, 2015
• Promulgated Under: 111.15

(A) All employees of Zane state college who are employed under a full-time twelve-month contract shall be entitled to the following holidays:

New Years Day	January 1
Martin Luther King, Jr. Day	3rd Monday in January
Memorial Day	Last Monday in May
Fourth of July
Labor Day	1st Monday in September
Veterans Day	November 11
Thanksgiving Day	4th Thursday in November
Day after Thanksgiving	4th Friday in November
Christmas Eve	December 24 Floating Holiday - Columbus Day
Christmas Day	December 25
New Year's Eve	December 31 (Floating Holiday - President's Day

(B) In the event that any of the aforesaid holidays should fall on Saturday, the Friday immediately preceding shall be observed as the holiday. In the event that any of the aforesaid holidays should fall on Sunday, the Monday immediately succeeding shall be observed as the holiday.

(C) Based on division (B) of section 124.19 of the Revised Code, the president may, for all employees of the college, observe on days other than those specified above any of the holidays otherwise observed on the third Monday in February and the second Monday in October.

(D) If an employee whose position is classified in categories 1 - 6, support personnel, of the Zane state college salary schedule is required by an authorized administrator to work on a holiday, the employee shall be compensated for such time worked at 1.5 times the employee's regular pay or at 1.5 times compensatory time off in lieu of overtime pay. If the employee elects to take compensatory time off in lieu of overtime pay for any overtime worked, such compensatory time shall be granted by the employee's departmental supervisor with the approval of a senior administrator at a time mutually convenient to the employee and the college within one hundred eighty days after the overtime is worked. effective: January 1, 2000.

Supplemental Information

Authorized By: 3357
Amplifies: 3357

Rule 3357:12-5-28 | Sick leave policy and procedures.

• Effective: March 18, 2015
• Promulgated Under: 111.15

The Zane state college board of trustees adopted the following sick leave policy and procedures.

(A) Sick leave policy

(1) Instructional and non-instructional employees, upon approval of the responsible administrative officer, may use sick leave for absence due to illness, pregnancy, disability, injury, exposure to contagious disease which could be communicated to others, healthcare appointments, and for absence due to illness, injury or death please see paragraph (D) of this rule in the employee's immediate family. "Immediate family" is defined as spouse, children, parents, brothers and sisters, grandparents, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchildren, and members of the immediate household.

(2) The previously accumulated sick leave of a person who has been separated from public service, whether accumulated pursuant to section 143.29 or 3319.141 of the Revised Code or pursuant to this policy, shall be placed to the individual's credit upon re-employment in the public service, provided that such re-employment takes place within ten years of the date of the last termination from public service. A faculty or non-faculty employee who transfers from another Ohio public agency to Zane state college shall be credited with the unused balance of the accumulated sick leave up to one hundred twenty days.

(a) Full-time employee non-faculty

Each full-time employee of the college shall be entitled to fifteen days of sick leave during contract year. Full-time employees will receive 5.0 hours of sick leave per pay with no limitation of maximum accrual.

(b) Part-time annual employee non-faculty

Each part-time employee who works less than forty hours per week but more than twenty hours per week on an annual contract shall be entitled to a prorated amount of sick leave based upon the number of hours employed per week with no limitation of maximum accrual.

(c) Faculty

Each full-time annual faculty member shall be entitled to fifteen days of sick leave during a contract year. A "contract year" is an employment period of nine months or more which includes three academic quarters. No extra days are gained by being employed a fourth quarter. Faculty will receive 5.0 hours of sick leave per pay with no limitation of maximum accrual. Faculty who elect eighteen pays during a contract year will receive 5.0 hours of sick leave per pay with a manual adjustment occurring before the October fifth pay of each year.

(B) Sick leave procedures

(1) Full-time employee and part-time annual employee (non-faculty)

(a) Employees are responsible for notifying their immediate supervisor prior to the workday in the event of illness, injury, etc.

(b) Application for sick leave must be submitted on the employee leave form immediately upon returning to duty.

(c) The form must be signed by the immediate supervisor.

(d) It is the responsibility of the immediate supervisor to ensure that all sick leave taken is reported to the payroll administrator in the business office.

(e) In the event of absence due to illness of five or more consecutive working days, the employee must present a physician's statement confirming the nature of the illness. The supervisor should request a physician's statement in any event of absence due to illness if extenuating circumstances warrant the request. An extenuating circumstance may include, but not necessarily be limited to, repeated absences of less than five consecutive working days.

(2) Faculty

(a) Faculty are responsible for notifying their appropriate dean prior to their class meeting in the event of illness.

(b) Application for sick leave must be submitted on the employee leave form immediately upon returning to duty.

(c) The form must be signed by the division dean.

(d) It is the responsibility of the division dean in each area to ensure that all sick leave taken is reported to the payroll administrator in the business office.

(e) A faculty member will be charged eight hours of sick leave if an entire day is missed or forty hours of sick leave if a faculty member is absent the entire week. In the event that a faculty member is present at work for part of a day but leaves because of illness, only the hours missed to complement the eight-hour day will be taken.

(f) A faculty member will be charged for one hour of sick leave for every hour missed because of a healthcare appointment, for example, medical, dental, and vision, etc.

(g) Full-time faculty who are on part-time status during the summer or during inter-session classes will be charged one hour of sick leave for every hour missed because of illness, injury, healthcare appointments, etc.

(h) In the event of absence due to illness of five or more consecutive working days, the employee must present a physician's statement confirming the nature of the illness. The supervisor should request a physician's statement in any event of absence due to illness if extenuating circumstances warrant the request. An extenuating circumstance may include, but not necessarily be limited to, repeated absences of less than five consecutive working days.

(C) Cash payment of sick leave credit upon retirement

(1) The Zane state college board of trustees adopted the following policy on cash payment of sick leave credit upon retirement effective July 1, 1979.

(2) Each full-time Zane state college employee with ten years or more of full-time service with the college shall be entitled to payment based on the employee's rate of pay at retirement for one-fourth of the employee's accrued but unused sick leave at retirement up to a maximum accrual of one hundred twenty days, maximum payment of thirty FTE work days or two hundred forty work hours. An eligible employee must simultaneously retire into either the state teachers, school employees, or alternative retirement program and from active service with the college. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the employee at that time. Such payment shall be made only once to any employee. Confirmation of retirement shall be obtained from the appropriate retirement system.

(D) Bereavement leave

(1) Bereavement leave may be taken in the event of death in the employee's immediate family. "Immediate family" including step family members, is defined as spouse, children, parents, brothers and sisters, grandparents, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchildren, and members of the immediate household. A maximum of five days of sick leave may be taken for bereavement.

(2) Please utilize the procedures outlined in paragraph (B) of this rule "Sick Leave Procedures" for bereavement leave.

Supplemental Information

Authorized By: 2257
Amplifies: 3357

Rule 3357:12-5-29 | Family and medical leave act.

• Effective: March 18, 2015
• Promulgated Under: 111.15

This rule serves as written notice to all employees of the expectations and obligations of Zane state college and its employees pertaining to leave pursuant to the regulations of the Family and Medical Leave Act "FMLA".

(A) Zane state college provides for its employees up to twelve weeks of leave if requested by an employee for one or more of the following reasons:

(1)	The birth of the employee's child or to care for such child;
(2)	A child's placement with the employee for adoption or foster care;
(3)	To care for a spouse, child, or parent (but not parent in-law) who has a serious health condition; or
(4)	The employee's own serious health condition that makes the employee unable to perform the functions of the position of such employee.

(B) The leave for a newborn child or for adoption or foster care placement of a child must be completed within twelve months of the birth, adoption, or placement, and the leave may be taken in increments not to exceed twelve weeks in a twelve-month period of time. Leave for a serious health condition may be taken intermittently or on a reduced-time basis but only if such a schedule is needed for medical reasons.

(C) An employee must use all sick leave hours, if available, for all of the twelve-week period. The twelve-week leave in a twelve-month period will be measured forward from the first day the leave is taken.

(D) Spouses employed by the college are jointly entitled to twelve weeks of leave for the birth or placement of a child or to care for a parent who has a serious health condition. The care for a spouse or child with a serious health condition entitles each employed spouse a separate twelve-week limit. Any employee must request FMLA and meet the criteria outlined.

(E) The employee is expected to give the college at least thirty days advance notice of leave, to the extent advance notice is practicable. Also, if the leave is for planned medical treatment and will be taken on an intermittent basis or by a reduced schedule, the employee is expected to schedule the treatment so as to create a minimum disruption to the college.

(F) "Serious Health Condition" is defined as an injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice, or residential care facility, or continuing treatment by a health care provider. "Continuing Treatment" constitutes the following:

(1) A period of incapacity of more than five consecutive calendar days, involving:

(a) Treatment two or more times by a health care provider, or

(b) Treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the health care provider's supervision.

(2) Pregnancy or prenatal care.

(3) A chronic serious health condition, defined as one that:

(a) Requires periodic visits for treatment by a health care provider,

(b) Continues over an extended period of time, and

(c) May cause episodic rather than continuing incapacity.

A chronic health condition also qualifies as a serious health condition even if an employee does not receive treatment, and it does not last five days.

(4) A permanent or long-term condition for which treatment may not be effective.

(5) An absence to receive multiple treatments by a health care provider either for restorative surgery after an accident or injury or for a condition that likely would result in an incapacity of three or more days in the absence of medical treatment.

(6) Allergies or mental illness resulting from stress, but only if they meet all of the other criteria of a serious health condition.

(7) Substance abuse, but only if the employee is taking leave for treatment by a health care provider.

(G) The college requires certification from a health care provider concerning the health condition including certification that the employee is needed to care for a family member, and an estimated time of return is needed. The college can also request an update of the certification after thirty days of leave is used. The college also reserves the right to request a second opinion for the certification with the college incurring the cost of the second opinion.

(H) If the employee returns to work after the leave within the stated timeframe, he or she will be returned to the same or an equivalent position and benefits.

(I) For health benefits during the leave, the employee will be responsible for their contributing costs. Employee contributions must be paid at the same time as the contributions would have been due if the employee were actively working. The college contributions will be actively paid as long as the employee is contributing to continuing coverage. If the employee does not return to work after the leave, the college has the right to charge the employee retroactively for the portion of each premium that was paid by the college.

FMLA leave will not be granted to the following employees:

(1) An employee with less than twelve months or fifty-two weeks of total service.

(2) An employee who works less than twelve hundred fifty hours of service in the previous twelve months.

(J) All requests for leave must be submitted in writing to the human resources department and indicate explicitly the employee's intention to return to work upon expiration of the leave. Leaves granted to full-time employees will be with the approval of human resources and the president. Computation of the leave and any other information concerning leave is available in the human resources department.

Supplemental Information

Authorized By: 3357
Amplifies: 3357

Rule 3357:12-5-30 | Employee leave donation program.

• Effective: March 18, 2015
• Promulgated Under: 111.15

Pursuant to the provisions of division (K) in section 3357.09 of the Revised Code, Zane state college has established an employee leave donation program. The intent of the employee leave donation program is to allow employees to voluntarily provide assistance to their co-workers who are in critical need of leave due to the serious illness of the employee. Critical need will be determined by a committee composed of the president, the employee's supervisor, and a representative from human resources on a case by case basis. The employee leave donation program shall not be used for the care of a new born or adopted children. This policy does not discriminate against women whose disability is based upon pregnancy or childbirth.

(A) An employee may receive donated leave, either vacation or sick leave, up to the number of hours the employee is scheduled to work each pay period, for example full-time employees may receive up to forty hours per week, part-time annual employees who are employed under a twelve month contract for less than forty hours but more than twenty hours may receive a prorated amount based upon the number of hours worked per week if the employee who is to receive donated leave:

(1) Has a serious illness or injury;

(2) Has no accrued leave;

(3) Has applied for any paid leave, workers' compensation, or benefits programs for which the employee is eligible. An employee who has applied for programs may use donated leave to satisfy the waiting period for such benefits, when applicable;

(4) Has provided documentation from an attending physician. In the event the employee is incapacitated, another employee and/or member of immediate family may initiate action for the employee to receive donated leave;

(5) Has approval of critical need from review committee every ninety days. The committee will review the critical need for continued donation approval and estimate the total number of donated hours needed.

(B) Employees may donate leave if the donating employee: See appendix A-40 located in the Zane state college handbook appendix.

(1) Voluntarily elects to donate leave and does so with the understanding that donated leave will not be returned;

(2) Donates a minimum of eight hours;

(3) Retains a combined leave balance, vacation and/or sick leave of at least eighty hours. All donated leave will convert to sick leave.

(C) The leave donation program shall be administered on a pay period by pay period basis. Employees using donated leave shall be considered in active pay status and shall accrue leave, and be entitled to any benefits to which they would otherwise be entitled. Leave accrued by an employee while using donated leave shall be used, if necessary, in the following pay period before additional donated leave may be received. Donated leave shall not count toward the probationary period of an employee who receives donated leave during his or her probationary period. Donated leave shall be considered sick leave, but shall never be converted into a cash benefit.

(D) Employees who wish to donate leave shall certify:

(1) The name of the employee for whom the donated leave is intended;

(2) The type of leave and number of hours to be donated;

(3) They will have a minimum eighty hour balance of sick and vacation leave;

(4) The leave is donated voluntarily and will not be returned;

(5) The maximum amount donated does not exceed fifteen days within a fiscal year.

(E) The privacy of any employee in need of donated leave shall be respected; however, with permission of the employee or a member of the employee's immediate family, college staff may be informed of the need for donated leave to include the name of the individual in need of leave and the nature of the precipitating situation.

(F) Appointing authorities shall ensure that no employees are forced to donate leave. Appointing authorities shall respect an employee's right to privacy; however, appointing authorities may, with permission, inform employees of their co-worker's critical need for leave. Appointing authorities shall not directly solicit leave donations from employees. The donation of leave shall occur on a strictly voluntary basis.

Supplemental Information

Authorized By: 3357
Amplifies: 3357

Rule 3357:12-5-34 | Military and reserve leaves.

• Effective: March 18, 2015
• Promulgated Under: 111.15

All officers and employees of the state or the political subdivisions thereof who are members of the Ohio national guard, the Ohio defense corps, the Ohio naval militia, or members of other reserve components or armed forces of the United States are entitled to leave of absence from their respective duties without loss of pay for such time as they are in the military service on field training or active duty for periods not to exceed thirty-one calendar days in any one calendar year unless an act of war is declared by the president of the United States . In accordance with the Veteran's Reemployment Rights Act, employees on leave for services or training in the United States armed forces or reserve are entitled to additional leave without pay after thirty-one days and reinstatement after such leave to their former or substantially equivalent positions. The immediate supervisor or division dean should be notified at the earliest possible date of the forthcoming absence. All efforts should be made by the employee to schedule summer camps and/or other training activities to minimize absence from college duties.

Supplemental Information

Authorized By: 3357
Amplifies: 3357