What You Need to Know About Ohio’s Bereavement Leave Laws
Bereavement leave is when employees take time off due to the death of a family member or loved one. Here is what you need to know about Ohio bereavement leave laws.
As of 2022, there is no federal law requiring employers to pay their employees during bereavement leave. Therefore, bereavement leave laws—the conditions for leave, the time allotted, and the wage—are determined individually by each state.
Bereavement Leave in Ohio
There is no existing law in the state of Ohio that requires employers to pay bereavement leave to their employees. Because of this, bereavement leave is decided by each business or organization.
Related: Taking Time Off Work in Ohio
Bereavement Leave for Ohio State Employees
However, the exception to this is if the employee is employed by the Ohio state government. According to the Ohio state legislature code, a permanent employee (either full-time or part-time) of the state’s government is entitled to three days of paid bereavement leave due to the death of an immediate family member. The pay for bereavement leave is determined by the base salary rate of the employee.
The statute further specifies that bereavement leave shall not exceed twenty-four scheduled work hours, and that part-time permanent employees are granted bereavement leave based on the number of hours they would have normally been scheduled to work.
Family and Medical Leave Act
Under the Family and Medical Leave Act (FMLA), employees are entitled to a certain amount of time off so long as it falls under specific conditions that regard any family or medical emergency. While the FMLA does not require employers to provide paid time off, it does protect employees of their position and benefits while on leave. FMLA leave can be used in the instance where an employee needs time off to take care of a family member who has a serious medical condition. While it does not cover time for bereavement—the death of a family member and making funeral arrangements—it can be used for taking care of a sick family member.
Related: Ohio Sick Leave Laws: An Overview
Requesting Bereavement Leave
Even though bereavement leave is not legally mandated by the state of Ohio, employees are still able to request bereavement leave directly from their employer. Whether it is paid or unpaid and the time allotted for the leave are up to the employer’s discretion. However, because it is a sensitive and emotional topic, it is usually rare for employers to refuse bereavement leave.
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If you or a loved one would like to learn more about Ohio Bereavement Leave Laws, get your free consultation with one of our Employment Attorneys in Ohio today!