Bill Text: OH SB104 | 2009-2010 | 128th General Assembly | Introduced

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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

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 104

Senators Faber, Fedor 

Cosponsors: Senators Gibbs, Patton, Schaffer, Schuring, Seitz, Turner, Strahorn 

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A BILL

To amend section 5923.05 of the Revised Code to grant

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annual military leave of up to 408 hours to

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firefighters and those other public employees who

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do not work a traditional workweek of 40 hours and

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to entitle firefighters and these public employees

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to use such leave to cover an entire work shift

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any part of which was used to perform military

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service.

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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:

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(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.

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(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