Ohio § 5923.05
Full text of Ohio Ohio Revised Code § 5923.05, with citation guidance and answers to common questions.
§ 5923.05.
(A)(1) Permanent public employees who are members of the Ohio organized militia or members
of other reserve components of the armed forces of the United States, including the
Ohio national guard, are entitled to a leave of absence from their respective positions
without loss of pay for the time they are performing service in the uniformed services,
for periods of up to one month, for each federal fiscal year in which they are performing
service in the uniformed services. (2) As used in this section: (a) “ Federal fiscal year ” means the year beginning on the first day of October and ending on the thirtieth
day of September. (b) “ Month ” means twenty-two eight-hour work days or one hundred seventy-six hours, or for a
public safety employee, seventeen twenty-four-hour days or four hundred eight hours,
within one federal fiscal year. (c) “ Permanent public employee ” means any person holding a position in public employment that requires working a
regular schedule of twenty-six consecutive biweekly pay periods, or any other regular
schedule of comparable consecutive pay periods, which is not limited to a specific
season or duration. “Permanent public employee” does not include student help; intermittent, seasonal,
or external interim employees; or individuals covered by personal services contracts. (d) “ State agency ” means any department, bureau, board, commission, office, or other organized body
established by the constitution or laws of this state for the exercise of any function
of state government, the general assembly, all legislative agencies, the supreme court,
the court of claims, and the state-supported institutions of higher education. (e) “ Service in the uniformed services ” means the performance of duty, on a voluntary or involuntary basis, in a uniformed
service, under competent authority, and includes active duty, active duty for training,
initial active duty for training, inactive duty for training, full-time national guard
duty, and performance of duty or training by a member of the Ohio organized militia
pursuant to Chapter 5923. of the Revised Code. “ Service in the uniformed services ” includes also the period of time for which a person is absent from a position of
public or private employment for the purpose of an examination to determine the fitness
of the person to perform any duty described in this division. (f) “ Uniformed services ” means the armed forces, the Ohio organized militia when engaged in active duty for
training, inactive duty training, or full-time national guard duty, the commissioned
corps of the public health service, and any other category of persons designated by
the president of the United States in time of war or emergency. (g) “ Public safety employee ” means a permanent public employee who is employed as a fire fighter or emergency
medical technician. (B) Except as otherwise provided in division (D) of this section, any permanent public
employee who is employed by a political subdivision, who is entitled to the leave
provided under division (A) of this section, and who is called or ordered to the uniformed
services for longer than a month, for each federal fiscal year in which the employee
performed service in the uniformed services, because of an executive order issued
by the president of the United States, because of an act of congress, or because of
an order to perform duty issued by the governor pursuant to section 5919.29 of the Revised Code is entitled, during the period designated in the order or act, to a leave of absence
and to be paid, during each monthly pay period of that leave of absence, the lesser
of the following: (1) The difference between the permanent public employee's gross monthly wage or salary
as a permanent public employee and the sum of the permanent public employee's gross
uniformed pay and allowances received that month; (2) Five hundred dollars. (C) Except as otherwise provided in division (D) of this section, any permanent public
employee who is employed by a state agency, who is entitled to the leave provided
under division (A) of this section, and who is called or ordered to the uniformed
services for longer than a month, for each federal fiscal year in which the employee
performed service in the uniformed services, because of an executive order issued
by the president of the United States, because of an act of congress, or because of
an order to perform duty issued by the governor pursuant to section 5919.29 or 5923.21 of the Revised Code is entitled, during the period designated in the order or act, to a leave of absence
and to be paid, during each monthly pay period of that leave of absence, the difference
between the permanent public employee's gross monthly wage or salary as a permanent
public employee and the sum of the permanent public employee's gross uniformed pay
and allowances received that month. (D) No permanent public employee shall receive payments under division (B) or (C) of
this section if the sum of the permanent public employee's gross uniformed pay and
allowances received in a pay period exceeds the employee's gross wage or salary as
a permanent public employee for that period or if the permanent public employee is
receiving pay under division (A) of this section. (E) Any political subdivision of the state, as defined in section 2744.01 of the Revised Code , may elect to pay any of its permanent public employees who are entitled to the leave
provided under division (A) of this section and who are called or ordered to the uniformed
services for longer than one month, for each federal fiscal year in which the employee
performed service in the uniformed services, because of an executive order issued
by the president or an act of congress, such payments, in addition to those payments
required by division (B) of this section, as may be authorized by the legislative
authority of the political subdivision. (F) Each permanent public employee who is entitled to leave provided under division (A)
of this section shall submit to the permanent public employee's appointing authority
the published order authorizing the call or order to the uniformed services or a written
statement from the appropriate military commander authorizing that service, prior
to being credited with that leave. (G) Any permanent public employee of a political subdivision whose employment is governed
by a collective bargaining agreement with provision for the performance of service
in the uniformed services shall abide by the terms of that collective bargaining agreement
with respect to the performance of that service, except that no collective bargaining
agreement may afford fewer rights and benefits than are conferred under this section.
Frequently Asked Questions About Ohio § 5923.05
What does Ohio Revised Code § 5923.05 cover?
Section 5923.05 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5923.05?
A common citation format is "Ohio Revised Code § 5923.05" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5923.05 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.