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Health exigency legislation proposed
Dec. 16, 2009 - The Ohio House introduced House Bill 357, health exigency legislation that includes guidelines regarding mandatory leave for public employees during a health exigency.
While state agencies, on directive from Gov. Ted Strickland, updated their own emergency preparedness plans this year with the outbreak of the H1N1 influenza virus,
H.B. 357 permits the governor to declare the existence of a health exigency and issue orders necessary to activate plans to address it.
This legislation will ultimately guide the State’s final policy.
Under the proposed legislation:
- An agency appointing authority would be permitted to require an
employee who demonstrates at least one symptom included in the governor’s declaration of a health exigency to immediately leave the workplace.
- An appointing authority would be required to reinstate an employee on
the employee’s demonstration that the employee is asymptomatic of the
illness or condition laid out in the health exigency declaration.
- Employees are permitted to use sick leave, vacation leave, personal leave,
or compensatory time, or to take a leave of absence without pay, in order
to cover the time the employee is away from work as a result of being
required to leave the workplace.
- The requirement for mandatory leave during a health exigency would
prevail over collective bargaining agreements entered into before, on, or
after the bill’s effective date.
See Related
Union Toolbox: H1N1 Information
H.B. 357, As Introduced
H.B. 357 Analysis
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