Ohio Admin. Code 3335-73-05 - Involuntary disability separation
(A) If the university believes that an
employee can no longer perform the essential job duties of the position, then
the university may require that the employee submit to a medical psychological,
and/or functional capacity examination performed by a licensed practitioner
designated by the university, and paid for by the university, prior to an
involuntary disability separation unless the employee is hospitalized at the
time such action is to be taken.
In lieu of requiring an examination, the university may use medical documentation submitted by the employee's licensed practitioner.
(B) When the university determines
that the employee is unable to perform the essential job duties of the position
and after receiving the information as noted in paragraph (A) of this rule, the
university shall hold a pre-separation hearing. The university shall provide
notice of the pre-separation hearing at least seventy-two hours prior to the
scheduled hearing.
(C) At the
pre-separation hearing, the university shall consider the information as noted
in paragraph (A) of this rule, the essential job duties of the employee's
position, and any additional evidence relating to the employee's ability to
perform the essential job duties. After considering the evidence, the
university shall either issue an involuntary disability separation order or
cease the separation proceedings. The appointing authority shall notify the
employee in writing of the university's decision.
(D) An employee separated pursuant to this
rule may appeal in writing to the state personnel board of review within ten
days after receiving the determination of involuntary disability
separation.
(E)
An employee on
Individuals reinstated after disability separation
or disability retirement shall be reinstated to
the same or similar position within a reasonable period of time after a written
application for reinstatement. Reinstatement shall be
in the jurisdiction in which they were employed when separated, except when
implementing reasonable accommodations under the Americans with Disabilities
Act requires reinstatement in another jurisdiction. Such application for
reinstatement shall be filed within two years from the date of separation
and shall not be filed after the date the employee
is eligible to retire based up on service
in
cases of disability separation or within five years in cases of OPERS
disability retirement. A complete reinstatement application must include
a certificate from a licensed practitioner
designated by the university who has examined and verified that the employee is
able to perform the essential functions of the job. The university shall pay
for the examination.
written request for
reinstatement by the employee shall be accompanied by a return to work release
by their treating physician. If the employee was granted disability
retirement, a licensed practitioner designated by the public employee
retirement board shall conduct the examination. Following reinstatement, the university may require the
employee to submit to an examination by a licensed practitioner designated by
the university to ensure that the employee can perform the essential functions
of the job. The university shall pay for the examination. Following
reinstatement, successful completion of reemployment screening is required. If
an employee does not pass any screening, a hearing will be held to determine
the employment action to be taken.
Notes
Promulgated Under: 111.15
Statutory Authority: 3335
Rule Amplifies: 3335.08
Prior Effective Dates: 6/14/1982, 6/22/1997, 7/1/2001, 3/16/2011, 6/1/2011
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.