ARTICLE 35 - DISABILITY BENEFITS Renumbered from Article 35A [Renumbering from Article 35A not shown as a change, only additions or deletions shown as changes]
35.01 - Eligibility Eligibility shall be pursuant to current Ohio Law and the Administrative Rules of the Department of Administrative Services in effect as of , July 1, 1997 2000, except that including the following modifications and clarifications: A. Part-time or fixed- established term regular and established term irregular employees who have worked fifteen hundred (1500) or more hours within the twelve (12) calendar months preceding disability shall be entitled to disability benefits based upon the average regular weekly earnings for weeks worked over that twelve (12) month period.
Arbitration Awards: #953 Arbitrator Bowers: Grievant Laurie Stelts, et al.; Mental Retardation, 2/22/94. The Arbitrator found that the language in Article 35A.01 B is clear and unambiguous. The Arbitrator determined that in order to be eligible for disability benefits, part-time employees must work 1500 hours in the 12 calendar months preceding that disability. The Union provided insufficient evidence to support its claim that a past practice exists by which the 1500 hours work eligibility can be met by using hours in "active pay status". The Arbitrator found that to uphold the Union's interpretation would amend the Agreement by the addition of language in Article 35A.01 B. This would not be within the scope of the Arbitrator's authority under Article 25.03. This language clarifies that only the OAC in effect as of July 1, 2000, is to be applied to employees covered by the Agreement. Also, as some of the provisions in the Agreement are not exceptions to the rules but simply clarifications that sentence is modified. The title “fixed term” is corrected to “established term.”
Explanation:
B. Employees with less than eight (8) years of service shall be entitled to receive disability leave benefits for a maximum of twenty-four (24) months. Employees with eight (8) years of service but less than sixteen (16) years of service, shall be entitled to receive disability leave benefits, up to twenty-four (24) months per disability not to exceed a total of thirty-six (36) months. Employees with sixteen (16) or more years of service shall entitled to receive disability leave benefits up to twenty-four (24) months per disability not to exceed a total of forty-eight (48) months. The disability leave benefit plan will not become effective until July 1, 1998. The hours of paid disability leave benefits prior to the effective date shall be counted toward the lifetime maximum limitation. [Note: the last two sentences (absent the proposed
Article 35 Page 1 of 3
03/14/00
modifications) were inadvertently omitted from the printed version of the 1997-2000 Agreement.] C. Employees will participate in transitional work programs mutually agreed to by the parties and as provided for in the applicable administrative rules. The Employer agrees that transitional work programs will not violate the provisions of the Family and Medical Leave Act. Explanation: (C) Employees who participate in transitional work programs are more likely to experience improved recovery time and to return to work permanently at the earliest opportunity. Following the provisions of Article 15, agencies will work with the Union to establish transitional worker programs. Once established, agency personnel offices in conjunction with HRD/OBA will monitor the recovery of disabled employees in conjunction with the employee's attending physician to determine if and when employees should be requested to participate in transitional work programs. Attention: Agency Personnel Officers, Representatives, Union Officials. Labor Relations Officers; Staff
D. Pursuant to OAC rule 123:1-33-14, employees who have been denied Workers' Compensation lost time benefits for an initial claim, may file an application for disability leave benefits twenty (20) days from the notification by the Bureau of Workers' Compensation of the denial of an initial claim. Explanation: This language makes the same provision as OAC rule 123:1-33-14. The Union desired that it be placed into the Agreement so that employee are aware of the provision without having to consult the rules. It does not add to the provisions of the rule. Agency Personnel Officers, Representatives, Union Officials. Labor Relations Officers; Staff
Attention:
35.02 - Disability Review The Employer shares the concern of the Union and employees over the need to expeditiously and confidentially process disability leave claims. The Employer and the Union shall review such concerns as time frames, paper flow, and possible refinement of procedural mechanisms for disability claim approval. 35.03 - Information Dissemination The Employer recognizes the need to standardize the communication of information regarding disability benefits and application procedures. To that end, the Employer and the Department of Administrative Services shall produce explanatory materials which shall be made available to
Article 35 Page 2 of 3
03/14/00
union representatives, stewards or individual employees upon request. 35.04 - Orientation The Employer shall develop a disability orientation program for union representatives so that they may train stewards as part of the information dissemination effort. 35.05 - Insurance Providers and Third Party Administrators In the event that the administration of the disability program is conducted by a private insurance carrier or a third party administrator the administration shall be conducted in accordance with insurance industry underwriting procedures and standards without reducing benefits or eligibility requirements as provided in this Agreement.
Article 35 Page 3 of 3
03/14/00