Ohio Code 124.394 – Modified work week schedule program
(A) As used in this section:
Terms Used In Ohio Code 124.394
- 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
- state: means the state of Ohio. See Ohio Code 1.59
(1) “Exempt employee” means a permanent full-time or permanent part-time county employee, township, or municipal corporation 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 a fiscal emergency declared or determined by the auditor of state 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.
(B) A county, township, or municipal corporation appointing authority may establish a modified work week schedule program applicable to its exempt employees. Each exempt employee shall participate in any established modified work week schedule program in each of state fiscal years 2012 and 2013. The program may provide for a reduction from the usual number of hours worked during a week by exempt employees immediately before the establishment of the program by the appointing authority. The reduction in hours may include any number of hours so long as the reduction is not more than fifty per cent of the usual hours worked by exempt employees immediately before the establishment of the program. The program may be administered differently among employees based on classifications, appointment categories, or other relevant distinctions.
(C) After June 30, 2013, a county, township, or municipal corporation appointing authority may implement a modified work week schedule program as described in division (B) of this section that applies to its exempt employees in the event of a fiscal emergency.