In OAG No. 2019-014, the Ohio Attorney General opined that a vocational school district board of education does not have the “authority to establish a sick leave donation program for nonteaching employees of the district who are not members of a collective bargaining agreement.”
Due to the fact that R.C. 3319.141 only provides for the accumulation and use of sick leave for the nonteaching employee, the Attorney General opined that no such benefits could be extended to the nonteaching employee’s immediate family. Specifically, the Attorney General opined that: “Because the language [of R.C. 3319.141] limits the acceptable uses of sick leave to an employee’s personal illness or injury, or to an illness, injury, or death of a member of the employee’s immediate family, an appointing authority has no authority to permit employees to use the sick leave benefits for another purpose. Here, the other purpose is using sick leave for illness or injury that is not personal to the employee who earned the benefit, or for illness, injury, or death that affects a person who is not a member of the earning employee’s immediate family. An appointing authority must have express statutory authority to establish a leave donation program that permits sick leave to be used for purposes other than the statutorily defined permitted uses.”
So, with respect to exempt non-teaching employees, the Attorney General “advised that the board of education of a joint vocational school district has no authority to establish a sick leave donation program for nonteaching employees of the district who are not members of a collective bargaining unit.”
To read the OAG opinion, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.