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CCS Voluntary or Involuntary Disability Separation Guidelines

Requests for Voluntary and Involuntary Disability Separation are outlined in the Classified Civil Service Rules (CCS) 3335-73-05 and 06 online at hr.osu.edu/policy/ccs/ccs73.pdf. The university is bound by these Rules.

Pursuant to Rule 3335-73-01, The university may grant a leave of absence without pay to a classified civil service employee.  Such leave may be for personal or medical reasons for up to a maximum duration of six months.

In consultation with Integrated Disability, the leave may only be extended under extenuating circumstances.

The CCS Rules indicate that a CCS employee may be granted voluntary disability separation or may be placed on involuntary disability separation.  Prior to filing a request for a pre-separation hearing with OHR, Benefits — Integrated Disability, the following must be considered:

• The employee must  exhaust approved family and medical leave (FML)
• FML can run concurrently with paid or unpaid leave. Sample FML letters and Medical Certification Statement for Leave form can be found online at hr.osu.edu/forms/#fml
• Medical documentation may be submitted to determine general condition, regimen of treatment, ability to return to work, return date, and restrictions.
• Medical Statement that indicates the employee's inability to return to work due to the medical condition.

How to Request a Disability Separation

Voluntary Separation

The manager and/or the employee discuss the need for disability separation with Integrated Disability. The process may evolve as follows:

• The request for disability separation should be submitted to Integrated Disability no later than the beginning of the forth month of unpaid leave.
• The employing unit or employee may request in writing to be placed on disability separation. The request needs to be sent to Integrated Disability. The request should include the following:
• The employee's name, id#, work location and home address.
• Whether the employee is covered under a collective bargaining agreement
• The dates of approved family and medical leave; including the date all FML was exhausted.
• The dates of the employee's medical leave including any unpaid leave time.
• A recent medical certification form either supporting the employee is unable to perform the essential job duties of the position due to a disabling illness, injury, or condition or indicating the employee's medical leave will continue beyond six months.
• Request is reviewed and discussed with the manager, the employee and Integrated Disability.
• In order for the separation to be coded as voluntary, the employee must complete and sign the Disability Separation Request form and return it to Integrated Disability.
• If approved, Integrated Disability will issue a letter to the employee and employing unit indicating the effective date of the voluntary disability separation and advising the employee of their termination of benefits. 

 

Integrated Disability will also inform the employee their reinstatement rights.

Involuntary Disability Separation

The manager, employee and Integrated Disability follow the same review process listed for the voluntary request. However, in instances involving involuntary separation, generally the employee does not request or agree with the separation. In these instances, the following process should occur:

• Department submits a request for disability separation. The request should be submitted to Integrated Disability no later than the beginning of the fourth month of unpaid leave.
• The employee's name, id#, work location and home address.
• Whether the employee is covered under a collective bargaining agreement
• The dates of approved family and medical leave; including the date all FML was exhausted.
• The dates of the employee's medical leave including any unpaid leave time.
• A recent medical certification form either supporting the employee is unable to perform the essential job duties of the position due to a disabling illness, injury, or condition or indicating the employee's medical leave will continue beyond six months.
• Upon review of the request, Integrated Disability will schedule a hearing and notify parties of the date, time and place of the hearing
• The employee has the opportunity to agree to be placed on voluntary disability separation prior to the hearing by completing and signing the Disability Separation Request form.
• Integrated Disability Manager will act as the Hearing Officer and listen to the testimony provided at the hearing in addition to reviewing available medical documentation.
• The Integrated Disability Manager will issue a decision regarding disability separation.
• If the medical condition supports the employee is unable to perform the essential job duties of the position, the Hearing Officer will approve the involuntary disability separation.
• The decision and reinstatement rights will be issued to the employee via certified mail.
• Should the employee disagree with the decision, an appeal may be filed with the State Personnel Board of Review by the tenth calendar day from the date the Order was served.
• The unit will be notified of the decision as well as informed of the employee's reinstatement rights.

Reinstatement Rights Process

Rights

• An employee is entitled to reinstatement to the same or similar position no later than two years from the date of the employee's disability separation.

Process

The process is as follows:

• The employee submits a written request for reinstatement to Integrated Disability. The employee's request shall be accompanied by substantial, credible medical evidence that the employee is once again capable of performing the essential job duties. This request shall not be made more than once every three months.
• Integrated Disability will review the request and the medical documentation to determine if the employee will be reinstated or if the employee must submit to a medical or psychological examination. Integrated Disability will notify the unit of the request for reinstatement and will work cooperatively with unit administrators to place the employee.
• Integrated Disability will schedule a medical examination for the employee with a university licensed practitioner. The university will pay for the examination. The medical examination may also include a Functional Capacity Evaluation performed by a licensed therapist.
• Integrated Disability shall reinstate the employee after receiving the results of the medical examination if it is determined that the employee is once again capable of performing the essential duties of the job.
• If the medical examination indicates that the employee is not medically able to return to work, Integrated Disability must schedule a pre-reinstatement hearing and notify the employee, at least 72 hours in advance of the hearing. The unit HRP will also be notified of the hearing date. The employee has a right to waive the pre-reinstatement hearing by completing and signing the Pre-reinstatement Hearing Waiver form.
• At the hearing, the employee has a right to examine the medical information gathered by Integrated Disability, to rebut that evidence, and to present testimony and evidence on his or her own behalf.
• Integrated Disability will weigh the testimony and evidence admitted at the pre-reinstatement hearing and will determine if the employee is once again able to perform the essential job duties. If yes, the employee is reinstated, if not, the employee will not be reinstated.
• If the employee is to be reinstated, then the employee has a right to be assigned to a same/similar position in the classification the employee held at the time of disability separation.
• If no similar classification exists, the employee may be laid off (collective bargaining members should refer to their collective bargaining agreement). At this juncture, Integrated Disability will contact OHRC, ER/Labor Relations to transfer the case for processing.
• An employee who fails to apply for reinstatement within two years from the date that the employee was no longer in active work status due to the disabling illness, injury, or condition shall be deemed permanently separated from service.
• If the employee is denied reinstatement, Integrated Disability will notify the employee, in writing, of the refusal to be reinstated and will notify the employee of their right to appeal to the State Personnel Board of Review.

¹ If the employee has been granted disability benefits by a state retirement system the requirements of this rule shall apply for up to five years, except that a licensed practitioner shall be appointed by the public employee's retirement board and application for reinstatement shall not be filed after the date of service eligibility retirement.