# Ohio Admin. Code 3349-7-61: Rule 3349-7-61. Abuse of sick leave > Ohio · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_61 ## Section - **Citation:** Ohio Admin. Code 3349-7-61 - **Heading:** Rule 3349-7-61. Abuse of sick leave - **Jurisdiction:** Ohio - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Ohio Administrative Code / Agency 3349 / Chapter 3349-7 / Rule 3349-7-61 ## Text 111.15 (A) Purpose To establish a rule to identify and address the abuse of sick leave. (B) Scope This rule applies to all employees. (C) Definitions (1) "Abuse of Sick Leave" is defined as the use of sick leave for purposes other than those set forth in the applicable sick leave rule, or the legitimate use of sick leave when it negatively impacts the employee's work performance or the operations of the university. (2) Consult rule 3349-7-01 of the Administrative Code. (3) "Immediate Family" means an employee's spouse or domestic partner where an affidavit of domestic partnership is on file in human resources, parents, children, grandparents, siblings, grandchildren, sister-in-law, brother-in-law, mother-in-law, father-in-law, daughter-in-law, son-in-law, step-parents, step-children, step-siblings, or a legal guardian or other person who stands in loco parentis. (4) "Licensed Practitioner" refers to a person who is licensed to practice medicine, surgery or psychology in the state of Ohio. (D) Rule statement (1) Immediate supervisors should regularly monitor and manage all of the sick leave used by the employees under their supervision. (2) The immediate supervisor should consider the following factors to identify sick leave abuse: (a) The frequency of and the reasons for sick leave use. absences necessitated by documented chronic long-term illness/disabilities will not be considered inappropriate use, (b) The balance between an employee's number of years of service and hours of unused sick leave, (c) Repeated Monday and Friday absences. (d) Absences when a vacation request has been denied. (e) "Seasonal Absences" associated with given times of the year (e.g. hunting season) or paid holidays. (f) Excessive use of sick leave during periods of progressive discipline or immediately prior to retirement. (g) Failure to notify the university in accordance with the applicable sick leave rule when the employee will be absent. (h) The impact of the employee's absences on the workplace (e.g d. (e) "Seasonal Absences" associated with given times of the year (e.g. hunting season) or paid holidays. (f) Excessive use of sick leave during periods of progressive discipline or immediately prior to retirement. (g) Failure to notify the university in accordance with the applicable sick leave rule when the employee will be absent. (h) The impact of the employee's absences on the workplace (e.g. disruptions in work schedules, overtime costs, student learning). (3) If the immediate supervisor suspects that sick leave abuse is occurring then the immediate supervisor shall: (a) Consult with human resources. (b) Counsel the employee on his/her use of sick leave. (c) Require the employee to provide doctors' statements for a sick leave use for a fixed time period to verify legitimate use of sick leave if the immediate supervisor has reason to suspect that an employee is abusing sick leave. (d) Consider referring the employee to the employee assistance program, if appropriate. (e) Document all of the foregoing actions. The immediate supervisors should also reflect how the employee's attendance has affected the employee's ability to complete the tasks on the employee's performance review. (4) Sick leave recorded on the time card should not be approved by the immediate supervisor if there is evidence of or a reasonable belief that abuse has occurred unless the employee provides satisfactory evidence of legitimate use of sick leave. (5) If sick leave abuse continues, the immediate supervisor shall consider its effect on the employee's performance and the operations of the department or institution. When the absences negatively affect the employee's performance, or the operation of the department or institution, discipline up to and including termination may be imposed. Such discipline may be imposed even when the reasons for sick leave use have been legitimate, unless taken as part of a Family Medical Leave Act, leave of absence, or an organ donor leave of absence department or institution. When the absences negatively affect the employee's performance, or the operation of the department or institution, discipline up to and including termination may be imposed. Such discipline may be imposed even when the reasons for sick leave use have been legitimate, unless taken as part of a Family Medical Leave Act, leave of absence, or an organ donor leave of absence. Last updated January 27, 2025 at 8:02 AM Supplemental Information Authorized By: 111.15 Amplifies: 3350.12 2/2/2015 ## Nearby sections - [Ohio Admin. Code 3349-7-01 Rule 3349-7-01. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_01.md) - [Ohio Admin. Code 3349-7-03 Rule 3349-7-03. Academic faculty file](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_03.md) - [Ohio Admin. Code 3349-7-05 Rule 3349-7-05. Access to employee personnel records](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_05.md) - [Ohio Admin. Code 3349-7-10 Rule 3349-7-10. Non-discrimination and harassment](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_10.md) - [Ohio Admin. Code 3349-7-20 Rule 3349-7-20. Compensation program](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_20.md) - [Ohio Admin. Code 3349-7-25 Rule 3349-7-25. Disability and accommodation](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_25.md) - [Ohio Admin. Code 3349-7-35 Rule 3349-7-35. Mood-altering or consciousness altering substances (drug free workplace)](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_35.md) - [Ohio Admin. Code 3349-7-45 Rule 3349-7-45. Educational benefits](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_45.md) - [Ohio Admin. Code 3349-7-60 Rule 3349-7-60. Family and medical leave](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_60.md) - [Ohio Admin. Code 3349-7-61 Rule 3349-7-61. Abuse of sick leave](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_61.md) - [Ohio Admin. Code 3349-7-65 Rule 3349-7-65. Garnishment of wages](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_65.md) - [Ohio Admin. Code 3349-7-70 Rule 3349-7-70. Group insurance benefits](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_70.md) - [Ohio Admin. Code 3349-7-75 Rule 3349-7-75. Jury/civic duty leave](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_75.md) - [Ohio Admin. Code 3349-7-85 Rule 3349-7-85. Legal holidays and religious observances](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_85.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3349_7_61. Check the current official text before relying on it. Not legal advice.