Classified Civil Service (CCS) Voluntary or Involuntary Disability Separation
Pursuant to Classified Civil Service (CCS) Rule 3335-73-01, the university may grant a leave of absence for medical and personal reasons for up to a maximum duration of six months. Requests for leave after the exhaustion of the 12 week Family and Medical Leave entitlement will be reviewed based on your return to work date, ability to perform the essential functions of the job upon return to work, operational needs of the department and additional factors as appropriate at the discretion of the employing unit.
A CCS employee who can no longer perform the essential job duties of their position or has permanent restrictions that cannot be accommodated in a same/similar position may be granted voluntary disability separation or may be placed on involuntary disability separation.
The CCS Rules for CCS Voluntary and Involuntary Disability Separation are outlined in the Classified Civil Service (CCS) Rules 3335-73-05 and 06. The university is bound by these Rules.
Administrative and Professional (A&P) employees are not eligible for the disability separation process. For more information, refer to the Unpaid Leave Policy 6.45.
Separations and Reinstatement
A Classified Civil Service (CCS) employee who is unable to perform the essential job duties of the position due to a disabling illness, injury or condition may request a voluntary disability separation.
- A voluntary disability separation occurs when an employee does not dispute the inability to perform the essential job duties of the position.
- The employee and their employing unit must discuss the need for voluntary disability separation with Integrated Absence Management and Vocational Services (IAMVS).
- Medical documentation must be provided that supports that the employee is unable to perform the job duties of the position.
- In order for the separation to be coded as voluntary, the employee must complete and sign the Request for Placement on Voluntary Disability Separation Form and return it to Integrated Absence Management and Vocational Services (IAMVS).
- If the request for voluntary disability separation is approved, IAMVS 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 and reinstatement rights.
- The employee has the right to file an appeal with the State Personnel Board of Review.
A CCS employee who can no longer perform the essential job duties of the position according to medical documentation and has exhausted all available family and medical leave may be subject to an involuntary disability separation.
- The employing unit must submit a CCS Disability Separation Request Form to IAMVS.
- Upon review of the request, IAMVS will schedule a hearing and notify the 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 Request for Placement on Voluntary Disability Separation Form.
- The employee is permitted to bring a support person to the hearing. The support person’s role is not to represent the employee or speak on behalf of the employee, but to offer comfort/personal support during the process.
- An IAMVS Manager will act as the Hearing Officer and listen to the testimony provided at the hearing in addition to reviewing available medical documentation.
- The Hearing Officer will issue a decision to approve, deny or defer the disability separation request.
- If the medical evidence supports that the employee is unable to perform the essential job duties of the position, the Hearing Officer will approve the involuntary disability separation.
- A letter will be mailed documenting the decision and advising the employee of their termination of benefits and reinstatement rights.
- The employee has the right to file an appeal with the State Personnel Board of Review.
A CCS employee who has been voluntary or involuntarily disability separated is entitled to reinstatement to the same or similar position no later than two years from the date of the employee’s disability separation.
- A written request for reinstatement and a release to return to work from the treating medical provider must be provided to IAMVS initiate the process.
- If medical evidence supports the ability of the employee to perform the essential functions of the position the employee shall be reinstated to a same or similar position in the classification the employee held at the time of disability separation within a reasonable timeframe.
- If the medical evidence indicates that the employee is not medically able to return to work, IAMVS must schedule a pre-reinstatement hearing.
- The employee has a right to waive the pre-reinstatement hearing by completing and signing the Integrated Disability Pre-reinstatement Hearing Waiver acknowledging the inability to meet the essential functions of the former position.
An employee who fails to apply for reinstatement within two years from the effective date of the disability separation shall be deemed permanently separated from service. Additional information regarding reinstatement from a disability separation can be found in the CCS Rules and by contacting IAMVS.
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. For additional information on reinstatement from OPERS or STRS disability retirement please visit https://www.opers.org/ or https://www.strsoh.org/.