Bill Title: To grant annual military leave of up to 408 hours to firefighters and those other public employees who do not work a traditional workweek of 40 hours and to entitle firefighters and these public employees to use such leave to cover an entire work shift any part of which was used to perform military service.
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Introduced - Dead) 2009-04-09 - To Insurance, Commerce, & Labor
[SB104 Detail]Download: Ohio-2009-SB104-Introduced.html
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Senators Gibbs, Patton, Schaffer, Schuring, Seitz, Turner, Strahorn
A BILL
| To amend section 5923.05 of the Revised Code to grant | 1 |
|
annual military leave of up to 408 hours to | 2 |
|
firefighters and those other public employees who | 3 |
|
do not work a traditional workweek of 40 hours and | 4 |
|
to entitle firefighters and these public employees | 5 |
|
to use such leave to cover an entire work shift | 6 |
|
any part of which was used to perform military | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5923.05 of the Revised Code be | 9 |
amended to read as follows: | 10 |
Sec. 5923.05. (A)(1) Permanent public employees who are | 11 |
members
of the
Ohio organized militia or members of other reserve | 12 |
components of
the armed forces of the United States, including the | 13 |
Ohio
national
guard, are entitled to a leave of absence from their | 14 |
respective
positions without loss of pay for the time they are | 15 |
performing
service in the uniformed services,
for periods of up
to | 16 |
one month, for each
calendar year in which
they are performing | 17 |
service in the
uniformed services.
Firefighters and other | 18 |
permanent public employees who do not work a traditional workweek | 19 |
of forty hours are entitled to use the leave of absence granted | 20 |
under this division to cover an entire work shift any part of | 21 |
which the employee is absent because of performing service in the | 22 |
uniformed services. | 23 |
(2) As used in this section: | 24 |
(a) "Calendar year" means the
year beginning on the
first
day | 25 |
of January and ending on the last
day of December. | 26 |
(b) "Month" means twenty-two eight-hour work days
or
one | 27 |
hundred seventy-six hours within one calendar year or, in the case | 28 |
of firefighters and other permanent public employees who do not | 29 |
work a
traditional workweek of forty hours, four hundred eight | 30 |
hours
within one calendar year. | 31 |
(c) "Permanent public
employee" means any person holding a | 32 |
position in public
employment
that requires working a regular | 33 |
schedule of twenty-six consecutive
biweekly pay periods, or any | 34 |
other regular schedule of comparable
consecutive
pay periods, | 35 |
which is not limited to a specific season
or duration. | 36 |
"Permanent public employee" does not include student
help; | 37 |
intermittent,
seasonal, or external interim employees; or | 38 |
individuals covered by personal
services contracts. | 39 |
(d) "State agency" means any department, bureau, board, | 40 |
commission, office, or other organized body established by the | 41 |
constitution or laws of this state for the exercise of any | 42 |
function of state government, the general assembly, all | 43 |
legislative agencies, the supreme court, the court of claims, and | 44 |
the state-supported institutions of higher education. | 45 |
(e) "Service in the uniformed services" means the performance | 46 |
of duty, on a
voluntary or involuntary basis, in a uniformed | 47 |
service, under competent
authority, and includes active duty, | 48 |
active duty for training, initial active
duty for training, | 49 |
inactive duty for training, full-time national guard duty,
and | 50 |
performance of duty or training by a member of the Ohio organized | 51 |
militia
pursuant to Chapter 5923. of the Revised Code. "Service in | 52 |
the uniformed
services" includes also the period of time for which | 53 |
a person is absent from a
position of public or private employment | 54 |
for the purpose of an examination to
determine the fitness of the | 55 |
person to perform any duty described in this
division. | 56 |
(f) "Uniformed services" means the armed forces, the Ohio | 57 |
organized militia
when engaged in active duty for training, | 58 |
inactive duty training, or full-time
national guard duty, the | 59 |
commissioned corps of the public health service, and
any other | 60 |
category of persons designated by the president of the United | 61 |
States
in time of war or emergency. | 62 |
(B) Except as otherwise provided in division
(D) of this | 63 |
section, any permanent public employee
who is employed by a | 64 |
political subdivision, who is entitled to the
leave provided
under | 65 |
division (A) of this section, and who is
called or ordered
to
the | 66 |
uniformed services for longer than a
month, for each
calendar
year | 67 |
in which the employee performed
service in the
uniformed
services, | 68 |
because of an executive order
issued by the
president of
the | 69 |
United States, because of an act of congress,
or
because of an | 70 |
order to perform duty issued by the governor
pursuant to section | 71 |
5919.29 of the Revised Code
is entitled,
during the
period | 72 |
designated
in the order or act, to
a leave of
absence and
to be | 73 |
paid, during each
monthly pay period
of that
leave of
absence, the | 74 |
lesser of the following: | 75 |
(1) The difference between the permanent public employee's | 76 |
gross monthly wage or
salary as
a permanent public
employee and | 77 |
the sum of
the permanent public employee's gross
uniformed pay and | 78 |
allowances received that month; | 79 |
(2) Five hundred dollars. | 80 |
(C)
Except as otherwise provided in division (D) of this | 81 |
section, any permanent public employee who is employed by a state | 82 |
agency, who is entitled to the leave provided under division
(A) | 83 |
of this section, and who is called or ordered to the uniformed | 84 |
services for longer than a month, for each calendar year in which | 85 |
the employee performed service in the uniformed services, because | 86 |
of an executive order issued by the president of the United | 87 |
States, because of an act of congress, or because of an order to | 88 |
perform duty issued by the governor pursuant to section 5919.29 or | 89 |
5923.21 of
the Revised Code is entitled, during the period | 90 |
designated in
the
order or act, to a leave of absence and to be | 91 |
paid, during
each
monthly pay period of that leave of absence, the | 92 |
difference
between the permanent public employee's gross monthly | 93 |
wage or
salary as a permanent public employee and the sum of the | 94 |
permanent
public employee's gross uniformed pay and allowances | 95 |
received that
month. | 96 |
(D) No permanent public employee shall receive payments
under | 97 |
division (B)
or (C) of this section if the sum of the
permanent | 98 |
public employee's gross
uniformed pay and allowances
received in a | 99 |
pay period exceeds the employee's gross
wage or
salary as a | 100 |
permanent public employee for that
period or if the
permanent | 101 |
public employee is receiving pay
under division (A) of
this | 102 |
section. | 103 |
(E) Any political subdivision of the state, as defined in | 104 |
section
2744.01 of
the Revised Code, may elect to
pay any of its | 105 |
permanent public employees who are entitled to the
leave provided | 106 |
under division (A) of this section and who are
called or ordered | 107 |
to the uniformed services
for longer than one month, for each | 108 |
calendar year in which
the employee performed service in the | 109 |
uniformed services,
because of an executive order issued by the | 110 |
president or an act
of congress, such payments, in addition to | 111 |
those
payments required by division (B) of this section, as may be | 112 |
authorized by the legislative authority of the political | 113 |
subdivision. | 114 |
(F) Each permanent public employee who is entitled to
leave | 115 |
provided under division (A) of this section shall submit to
the | 116 |
permanent public employee's appointing authority the
published | 117 |
order authorizing the
call or order to the uniformed services or a | 118 |
written statement from the appropriate
military commander | 119 |
authorizing that service, prior to
being
credited
with
that
leave. | 120 |
(G) Any permanent public employee of a political
subdivision | 121 |
whose employment is governed by a collective
bargaining agreement | 122 |
with provision for the
performance of service
in the uniformed | 123 |
services shall
abide by the terms of that
collective bargaining | 124 |
agreement with
respect to the performance of
that service,
except | 125 |
that no collective bargaining
agreement
may afford fewer
rights | 126 |
and benefits than are conferred under this
section. | 127 |
Section 2. That existing section 5923.05 of the Revised Code | 128 |
is hereby repealed. | 129 |