Ohio Code 124.393 – Mandatory cost savings program applicable to exempt employees
(A) As used in this section:
Terms Used In Ohio Code 124.393
- Appointing authority: means the officer, commission, board, or body having the power of appointment to, or removal from, positions in any office, department, commission, board, or institution. See Ohio Code 124.01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Employee: means any person holding a position subject to appointment, removal, promotion, or reduction by an appointing officer. See Ohio Code 124.01
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- state: means the state of Ohio. See Ohio Code 1.59
(1) “Exempt employee” means a permanent full-time or permanent part-time county, township, or municipal corporation employee who is not subject to a collective bargaining agreement between a public employer and an exclusive representative.
(2) “Fiscal emergency” means any of the following:
(a) A fiscal emergency declared by the governor under section 126.05 of the Revised Code.
(b) A fiscal watch or fiscal emergency has been declared or determined under section 118.023 or 118.04 of the Revised Code.
(c) Lack of funds as defined in section 124.321 of the Revised Code.
(d) Reasons of economy as described in section 124.321 of the Revised Code.
(3) “Lack of work” has the same meaning as in section 124.321 of the Revised Code.
(B)(1) A county, township, or municipal corporation appointing authority may establish a mandatory cost savings program applicable to its exempt employees. Each exempt employee shall participate in the program of mandatory cost savings for not more than eighty hours, as determined by the appointing authority, in each of state fiscal years 2010 to 2013. The program may include, but is not limited to, a loss of pay or loss of holiday pay. The program may be administered differently among employees based on their classifications, appointment categories, or other relevant distinctions.
(2) After June 30, 2013, a county, township, or municipal corporation appointing authority may implement mandatory cost savings days as described in division (B)(1) of this section that apply to its exempt employees in the event of a fiscal emergency.
(C) A county, township, or municipal corporation appointing authority shall issue guidelines concerning how the appointing authority will implement the cost savings program.
(D)(1) A county, township, or municipal corporation appointing authority may establish a mandatory cost savings program applicable to its exempt employees in the event of a fiscal emergency or lack of work due to COVID-19. Each exempt employee shall participate in the program of mandatory cost savings for not more than one hundred sixty hours, as determined by the appointing authority, in state fiscal year 2021. The program may include, but is not limited to, a loss of pay or loss of holiday pay. The program may be administered differently among employees based on their classifications, appointment categories, or other relevant distinctions.
(2) A county, township, or municipal corporation appointing authority that establishes a mandatory cost savings program under division (D)(1) of this section shall issue guidelines concerning how the appointing authority will implement the cost savings program.