Snide v. Columbus Board of Education
Snide v. Columbus Board of Education
Opinion of the Court
The sole issue is whether R.C. 5923.05 provides that an employee is entitled to thirty-one days of compensation for each of the multi-calendar years that he or she is on active military duty. For the following reasons, we answer this question in the negative and, accordingly, affirm the judgment of the court of appeals.
R.C. 5923.05,
“All officers and employees of the state * * * who are members of the Ohio national guard * * * are entitled to leave of absence from their respective duties without loss of pay for such time as they are in the military service on field training or active duty for periods not to exceed thirty-one days in any one calendar year.”
While courts in Ohio have not previously addressed this issue, the language of this statute was interpreted by former Ohio Attorney General Mark McElroy, as follows:
Based upon our reading of the statute, and guided by the above Ohio Attorney General opinion, we believe that the legislature intended R.C.
5923.05 to provide some additional compensation to an employee in the calendar year in which his status changes from “employee” to “employee on military leave of absence” and not as a “perk” that an individual can receive each multi-calendar year that he or she remains on active duty. Therefore, we conclude that R.C. 5923.05 provides that an employee is entitled to receive thirty-one days of compensation for the calendar year in which he or she takes a military leave of absence to go on active duty, but not for subsequent calendar years of a multi-year leave of absence.
Accordingly, the court of appeals judgment finding that the appellant was entitled to receive only thirty-one days of compensation for the calendar year 1986 is affirmed.
Judgment affirmed.
. R.C. 5923.05 was amended twice in 1991. However, the language of current R.C. 5923.-05(A)(1) is the same as that in former R.C. 5923.05.
Dissenting Opinion
dissenting. In my view, the majority opinion has misconstrued the intent of the General Assembly in its enactment of R.C. 5923.05 (now 5923.05[A][1]). Therefore, I must respectfully dissent from this erroneous interpretation.
The majority’s cursory analysis of the 1962 Attorney General Opinion belies the fact of the subsequent and more cogently analyzed Attorney General Opinion issued in 1986, which overruled in relevant part the earlier opinion.
The 1986 opinion, authored by then Ohio Attorney General Anthony J. Celebrezze, Jr., which is totally ignored by the majority, reasoned in pertinent part as follows:
“R.C. 5923.05 entitles an employee to leave without loss of pay for a period of up to thirty-one days ‘in any one calendar year.’ The statute, therefore, merely limits the number of days in each calendar year for which a public employee on a military leave of absence may be compensated by his employer. R.C. 5923.05 does not, however, require the employee to render service to the public employer during that time. See R.C. 5903.02 (during a military leave of absence, a public employee ‘shall, for all purposes, be considered as having
Similar to the reasoning in the foregoing opinion, I believe that R.C. 5923.05 is a remedial law which “ * * * shall be liberally construed in order to promote [its] object and assist the parties in obtaining justice.” R.C. 1.11. In this regard, I believe that R.C. 5923.05 should be liberally construed for the benefit of those who serve their state or country in the armed services.
In addition, I find the reasoning of Judge Tommy L. Thompson to be particularly persuasive with respect to his construction of R.C. 5923.05 in ruling upon defendant’s motion to dismiss in the trial court below:
“If the legislature had intended the plaintiff to receive compensation for only 31 days regardless of the length of active duty service, then the statute simply would read that ‘all officers and employees are entitled to leave of absence from their respective duties without loss of pay for such time as they are in military service * * * or active duty for a period not to exceed 31 days.’ Because the legislature specifically stated ‘31 days in any one calendar year’, the legislature must have envisioned that active duty can encompass a time frame of more than one year.
U * * *
“ * * * To adopt the argument of the [defendant] Board and require the active duty employee to leave active duty, return to his employment and leave again would be ‘stretching’ the language of the statute, to say the least.”
Another defect in the majority opinion is its failure to acknowledge our prior decision in N. Ohio Patrolmen’s Benevolent Assn. v. Parma (1980), 61
Contrary to the reasoning of the majority in the cause sub judice, this court in Benevolent Assn., supra, has already found the benefit contained in R.C. 5923.05 to be a “perk” of governmental employees who are on military leave of absence. Id. at 383, 15 O.O.3d at 455, 402 N.E.2d at 525. I sincerely believe that the legislature promulgated this additional compensation to reward government employees and encourage them to serve their state or country in the military. However, in its own way, the majority has unfortunately eviscerated this small token of appreciation that the General Assembly has otherwise deemed appropriate.
For these reasons, I would reverse the judgment of the court of appeals and reinstate the trial court’s judgment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.