Bill Text: OH HB433 | 2009-2010 | 128th General Assembly | Introduced

---

Bill Title: To provide publicly employed fire fighters and emergency medical technicians with a minimum paid military leave of seventeen 24-hour days.

Spectrum: Slight Partisan Bill (Democrat 10-4)

Status: (Introduced - Dead) 2010-02-01 - To Veterans Affairs [HB433 Detail]

Download: Ohio-2009-HB433-Introduced.html

---

As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 433

Representatives Ujvagi, Grossman 

Cosponsors: Representatives Fende, Yuko, Letson, Skindell, Brown, Derickson, Lundy, Lehner, Hagan, Pillich, Stewart, Bolon 

---

A BILL

To amend section 5923.05 of the Revised Code to

1

provide publicly employed fire fighters and

2

emergency medical technicians with a minimum paid

3

military leave of seventeen 24-hour days.

4

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 5923.05 of the Revised Code be	5
amended to read as follows:	6

Sec. 5923.05.  (A)(1) Permanent public employees who are	7
members of the Ohio organized militia or members of other reserve	8
components of the armed forces of the United States, including the	9
Ohio national guard, are entitled to a leave of absence from their	10
respective positions without loss of pay for the time they are	11
performing service in the uniformed services, for periods of up to	12
one month, for each calendar year in which they are performing	13
service in the uniformed services.	14

(2) As used in this section:

15

(a) "Calendar year" means the year beginning on the first day	16
of January and ending on the last day of December.	17

(b) "Month" means twenty-two eight-hour work days or one	18
hundred seventy-six hours, or for a public safety employee,	19
seventeen twenty-four-hour days or four hundred eight hours,	20
within one calendar year.	21

(c) "Permanent public employee" means any person holding a	22
position in public employment that requires working a regular	23
schedule of twenty-six consecutive biweekly pay periods, or any	24
other regular schedule of comparable consecutive pay periods,	25
which is not limited to a specific season or duration. "Permanent	26
public employee" does not include student help; intermittent,	27
seasonal, or external interim employees; or individuals covered by	28
personal services contracts.	29

(d) "State agency" means any department, bureau, board,	30
commission, office, or other organized body established by the	31
constitution or laws of this state for the exercise of any	32
function of state government, the general assembly, all	33
legislative agencies, the supreme court, the court of claims, and	34
the state-supported institutions of higher education.	35

(e) "Service in the uniformed services" means the performance	36
of duty, on a voluntary or involuntary basis, in a uniformed	37
service, under competent authority, and includes active duty,	38
active duty for training, initial active duty for training,	39
inactive duty for training, full-time national guard duty, and	40
performance of duty or training by a member of the Ohio organized	41
militia pursuant to Chapter 5923. of the Revised Code. "Service in	42
the uniformed services" includes also the period of time for which	43
a person is absent from a position of public or private employment	44
for the purpose of an examination to determine the fitness of the	45
person to perform any duty described in this division.	46

(f) "Uniformed services" means the armed forces, the Ohio	47
organized militia when engaged in active duty for training,	48
inactive duty training, or full-time national guard duty, the	49
commissioned corps of the public health service, and any other	50
category of persons designated by the president of the United	51
States in time of war or emergency.	52

(g) "Public safety employee" means a permanent public	53
employee who is employed as a fire fighter or emergency medical	54
technician.	55

(B) Except as otherwise provided in division (D) of this	56
section, any permanent public employee who is employed by a	57
political subdivision, who is entitled to the leave provided under	58
division (A) of this section, and who is called or ordered to the	59
uniformed services for longer than a month, for each calendar year	60
in which the employee performed service in the uniformed services,	61
because of an executive order issued by the president of the	62
United States, because of an act of congress, or because of an	63
order to perform duty issued by the governor pursuant to section	64
5919.29 of the Revised Code is entitled, during the period	65
designated in the order or act, to a leave of absence and to be	66
paid, during each monthly pay period of that leave of absence, the	67
lesser of the following:	68

(1) The difference between the permanent public employee's	69
gross monthly wage or salary as a permanent public employee and	70
the sum of the permanent public employee's gross uniformed pay and	71
allowances received that month;	72

(2) Five hundred dollars.

73

(C) Except as otherwise provided in division (D) of this	74
section, any permanent public employee who is employed by a state	75
agency, who is entitled to the leave provided under division (A)	76
of this section, and who is called or ordered to the uniformed	77
services for longer than a month, for each calendar year in which	78
the employee performed service in the uniformed services, because	79
of an executive order issued by the president of the United	80
States, because of an act of congress, or because of an order to	81
perform duty issued by the governor pursuant to section 5919.29 or	82
5923.21 of the Revised Code is entitled, during the period	83
designated in the order or act, to a leave of absence and to be	84
paid, during each monthly pay period of that leave of absence, the	85
difference between the permanent public employee's gross monthly	86
wage or salary as a permanent public employee and the sum of the	87
permanent public employee's gross uniformed pay and allowances	88
received that month.	89

(D) No permanent public employee shall receive payments under	90
division (B) or (C) of this section if the sum of the permanent	91
public employee's gross uniformed pay and allowances received in a	92
pay period exceeds the employee's gross wage or salary as a	93
permanent public employee for that period or if the permanent	94
public employee is receiving pay under division (A) of this	95
section.	96

(E) Any political subdivision of the state, as defined in	97
section 2744.01 of the Revised Code, may elect to pay any of its	98
permanent public employees who are entitled to the leave provided	99
under division (A) of this section and who are called or ordered	100
to the uniformed services for longer than one month, for each	101
calendar year in which the employee performed service in the	102
uniformed services, because of an executive order issued by the	103
president or an act of congress, such payments, in addition to	104
those payments required by division (B) of this section, as may be	105
authorized by the legislative authority of the political	106
subdivision.	107

(F) Each permanent public employee who is entitled to leave	108
provided under division (A) of this section shall submit to the	109
permanent public employee's appointing authority the published	110
order authorizing the call or order to the uniformed services or a	111
written statement from the appropriate military commander	112
authorizing that service, prior to being credited with that leave.	113

(G) Any permanent public employee of a political subdivision	114
whose employment is governed by a collective bargaining agreement	115
with provision for the performance of service in the uniformed	116
services shall abide by the terms of that collective bargaining	117
agreement with respect to the performance of that service, except	118
that no collective bargaining agreement may afford fewer rights	119
and benefits than are conferred under this section.	120

Section 2. That existing section 5923.05 of the Revised Code	121
is hereby repealed.	122