OAG 1994-078.

• Court: Ohio

Ohio Attorney General Opinions 1994. OAG 1994-078. November 29, 1994 OPINION NO. 1994-078 The Honorable Kevin J. Baxter Erie County Prosecuting Attorney 2900 Columbus AvenueSandusky, Ohio 44870 Dear Prosecutor Baxter: You have requested an opinion on the following question: "Whether a general health district must permit a part-time employee who does not receive sick leave benefits to utilize prior accrued sick leave under a different appointing authority under [R.C. 124.38(C)]?"

Sick Leave Benefits Granted by R.C. 124.38

R.C. 124.38 provides minimum sick leave benefits for "[e]mployees in the various offices of the county, municipal, and civil service township service, other than superintendents and management employees, as defined in [R.C. 5126.20], of county boards of mental retardation and developmental disabilities," R.C. 124.38(A), "[e]mployees of any state college or university," R.C. 124.38(B), and "[e]mployees of any board of education for whom sick leave is not provided by [R.C. 3319.141]," R.C. 124.38(C). See Ebert v. Stark County Board of Mental Retardation, 63 Ohio St. 2d 31, 406 N.E.2d 1098 (1980). A general health district, however, is a political subdivision separate from the entities named in R.C. 124.38. See 1983 Op. Att'y Gen. No. 83-060. Because a general health district is not named in R.C. 124.38, its employees are not entitled to receive sick leave benefits under that statute. Op. No. 83-060; 1980 Op. Att'y Gen. No. 80-087.

Transfer of Sick Leave Benefits Accumulated under R.C. 124.38

You ask whether the provisions of R.C. 124.38(C) require a general health district to grant one of its employees the right to use, during his employment with the general health district, sick leave benefits that were accumulated, but unused, while that person was employed by an entity covered by R.C. 124.38. The transfer of sick leave benefits accumulated under R.C. 124.38 is governed by R.C. 124.38(C), which states in pertinent part: "An employee who transfers from one public agency to another shall be credited with the unused balance of his accumulated sick leave up to the maximum of the sick leave accumulation permitted in the public agency to which the employee transfers." (Emphasis added). The meaning of the term "public agency," as used in R.C. 124.38, was addressed in 1981 Op. Att'y Gen. No. 81-062 and 1954...