Ohio § 5923.05

§ 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.