Ebert v. Stark County Bd. of Mental Retardation, 79-1537
Decision Date | 02 July 1980 |
Docket Number | No. 79-1537,79-1537 |
Citation | 63 Ohio St.2d 31,406 N.E.2d 1098,17 O.O.3d 19 |
Parties | , 17 O.O.3d 19 EBERT et al., Appellees, v. STARK COUNTY BOARD OF MENTAL RETARDATION, Appellant. |
Court | Ohio Supreme Court |
Green, Schiavoni, Murphy, Haines & Sgambati, Eugene Green, Youngstown, and Ronald G. Macola, Canton, for appellees.
James R. Unger, Pros. Atty., and Michael P. Zirpolo, Canton, for appellant.
The primary question presented herein is whether the board had authority to adopt a sick leave policy which granted benefits greater than those prescribed by R.C. 124.38. This section provides, in pertinent part, that " * * * each employee in the various offices of the county * * * shall be entitled for each completed eighty hours of service to sick leave of four and six-tenths hours with pay. * * * Unused sick leave shall be cumulative without limit. * * * " (Emphasis added.)
The board maintains that the foregoing provision grants it the authority to afford its employees sick leave credit pursuant to a statutory formula from which the board may not vary. We cannot agree. R.C. 124.38 neither establishes nor limits the power of a political subdivision. Rather, it ensures that the employees of such offices will receive at least a minimum sick leave benefit or entitlement.
While this court has not previously considered the import of R.C. 124.38, the court in State ex rel. Randel v. Scott (1952), 95 Ohio App. 197, 118 N.E.2d 426, did have occasion to apply its predecessor, G.C. 486-17c. The relator therein had demanded sick leave pay in excess of the statutory formula. In denying his right to the excess compensation, the court, at page 200, 118 N.E.2d at page 428, made the following observation:
(Emphasis added.)
Thus that court intimated the view that the statutory formula established a minimum benefit and did not constrain the employing unit from increasing its sick leave compensation. The New Hampshire Supreme Court similarly construed an analogous city charter provision as establishing only minimum benefits in Manchester Edn. Assn. v. Manchester (1974), 114 N.H. 83, 314 A.2d 662. The court therein noted, at page 85, 314 A.2d at page 664, as follows:
Since we interpret R.C. 124.38 as conferring a minimum benefit upon the board's employees, it is necessary to look elsewhere to determine the extent of the board's authority to provide increased sick leave benefits. The express powers and duties of the county board...
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Giles v. University of Toledo
...to a leave of absence greater than two years and vested rights cannot be retroactively revoked. Ebert v. Stark County Board of Mental Retardation, 63 Ohio St.2d 31, 34, 406 N.E.2d 1098 (1980). Plaintiff never had a vested right to a three-year leave of absence. To determine if a right vests......
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State ex rel. Labor Council v. Cleveland, 2006-2056.
...Once earned, sick-leave credits become a vested right that cannot be retroactively revoked. Ebert v. Stark Cty. Bd. of Mental Retardation (1980), 63 Ohio St.2d 31, 34, 17 O.O.3d 19, 406 N.E.2d 1098. {¶ 79} Therefore, the conflicting ordinance was ineffective, and the city's municipal constr......
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Runyan v. BD. OF EDUC. OF COVINGTON EXEMPTED VILLAGE
...grounds for sick leave enumerated in Section 124.38 are identical to those in Section 3319.141. In Ebert v. Stark Cty. Bd. of Mental Retardation, 63 Ohio St.2d 31, 406 N.E.2d 1098 (Ohio 1980), upon which Plaintiff relies, the Defendant had a policy of sick leave benefits which was more gene......
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Hannan v. Chesapeake Union Exempted Village School Dist. Bd. of Educ.
...does not "grant" pregnancy or sick leave. Sick leave credits once earned become a vested right. Ebert v. Bd. of Mental Retardation (1980), 63 Ohio St.2d 31, 17 O.O.3d 19, 406 N.E.2d 1098; State, ex rel. Runyan, v. Henry (1986), 34 Ohio App.3d 23, 516 N.E.2d 1261; and South Euclid Fraternal ......