Ohio Code § 940.09

§ 940.09.

(A) As used in this section: (1) “ Receiving employee ” means an employee of a soil and water conservation district who receives donated

sick leave as authorized by this section. (2) “ Donating employee ” means an employee of a soil and water conservation district who donates sick leave

as authorized by this section. (3) “Paid leave” has the same meaning as in section 124.391 of the Revised Code . (4) “ Full-time employee ” means an employee of a soil and water conservation district whose regular hours

of service for the district total forty hours per week or who renders any other standard

of service accepted as full-time by the district. (5) “ Full-time limited hours employee ” means an employee of a soil and water conservation district whose regular hours

of service for the district total twenty-five to thirty-nine hours per week or who

renders any other standard of service accepted as full-time limited hours by the district. (B)(1) An employee of a soil and water conservation district is eligible to become a receiving

employee if the employee is a full-time employee, or a full-time limited hours employee,

who has completed the prescribed probationary period, has used up all accrued paid

leave, and has been placed on an approved, unpaid, medical-related leave of absence

for a period of at least thirty consecutive working days because of the employee's

own serious illness or because of a serious illness of a member of the employee's

immediate family. (2) An employee who desires to become a receiving employee shall submit to the board

of supervisors of the employing soil and water conservation district, along with a

satisfactory certification by a physician, certified nurse-midwife, clinical nurse

specialist, or certified nurse practitioner, a written request for donated sick leave.  The board of supervisors shall determine whether the employee is eligible to become

a receiving employee and shall approve the request if it determines the employee is

eligible. (C)(1) A board of supervisors that approves a request for an employee to become a receiving

employee shall forward the approved application to a committee that the Ohio association

of soil and water conservation district employees shall appoint to act as a clearinghouse

for the donation of sick leave under this section.  The committee shall post notice for not less than ten days informing all employees

of soil and water conservation districts throughout the state that it has received

an approved application to become a receiving employee. (2) A soil and water conservation district employee desiring to become a donating employee

shall complete and submit a sick leave donation form to the employee's immediate supervisor

within twenty days after the date of the initial posting of the notice described in

division (C)(1) of this section.  If the board of supervisors of the employing district of an employee desiring to

become a donating employee approves the sick leave donation, the board shall forward

to the committee, together with a check equal to the total value of the sick leave

donation, a copy of the sick leave donation form, and the board shall notify the receiving

employee regarding the donation. (D) If the committee described in division (C)(1) of this section receives a sick leave

donation form and a check from a board of supervisors, the committee shall deposit

the check into an account that it shall establish to be used to dispense funds to

the employing district of a receiving employee.  The committee shall notify the board of supervisors of the employing district of

a receiving employee of the amount of sick leave donated.  The board of supervisors shall bill the committee during each pay period for the

receiving employee's gross hourly wages in an amount that does not exceed the amount

donated to the receiving employee.  The board of supervisors, with the approval of the county auditor, shall provide

for the deposit into its appropriate payroll account of any payments it receives for

the benefit of a receiving employee. (E) The donation and receipt of sick leave under this section is subject to all of the

following: (1) All donations of sick leave shall be voluntary. (2) A donating employee is eligible to donate not less than eight hours and not more

than eighty hours of sick leave during the same calendar year. (3) The value of an hour of sick leave donated is the value of the donating employee's

gross hourly wage.  The number of hours received by a receiving employee from a donating employee shall

be a number that, when multiplied by the receiving employee's gross hourly wage, equals

the amount resulting when the donating employee's gross hourly wage is multiplied

by the number of hours of sick leave donated. (4) No paid leave shall accrue to a receiving employee for any compensation received

through donated sick leave, and the receipt of donated sick leave does not affect

the date on which a receiving employee first qualifies for continuation of health

insurance coverage. (5) If a receiving employee does not use all donated sick leave during the period of

the employee's leave of absence, the unused balance shall remain in the account that

the committee described in division (C)(1) of this section established under division

(D) of this section and shall be used to dispense funds in the future to the employing

district of a receiving employee.