What You Need to Know About Accrued Sick Leave Laws in Ohio

Sick leave is an extremely important benefit for employees, as it ensures that workers have enough time to rest and heal at home while keeping the workplace safe. Here is everything you need to know about accrued sick leave in Ohio.

Sick leave benefits are not afforded to all employees, so it is important to know whether a workplace offers sick leave and what laws surround accrued sick leave in the state of Ohio.

How Does Sick Leave Work?

If a job offers sick leave, such leave can either be paid or unpaid. According to federal law, unpaid sick leave is mandatory under the Americans with Disabilities Act and the Family and Medical Leave Act (FMLA) for illnesses or health issues that could qualify as serious.

According to the FMLA, employers must offer up to 12 weeks of unpaid leave yearly for those with serious health issues. For this, an employee must require inpatient care at a medical facility or continuous treatment from a healthcare provider.

Related: Ohio Bereavement Leave Laws: Explained

Paid sick leave is not a requirement under federal law. However, when it is offered, paid sick leave is often accrued.

What is Accrued Sick Leave?

Accrued sick leave is defined as the “total of all days of unused sick leave, which accumulate to the benefit of the employee from year to year.” Essentially, a worker may earn time off as they clock in more hours at their job. Some states, such as California, have accrued sick leave payout, which allows employees to receive a payment equivalent to the number of sick days they did not use.

Accrued Sick Leave in Ohio: Private Sector Employees

It should be noted that private-sector employers in Ohio are not required by law to provide their employees with paid sick leave. While many may still choose to provide such a benefit, it is not legally mandatory. Though, if an employer promises their employees sick leave and refuses to provide it, then legal action can be taken so that the employer fulfills their obligation to grant it.

Accrued Sick Leave in Ohio: Public Sector Employees

According to Ohio’s Administrative Code, Rule 123: 1-32-09, public sector employees are “​​entitled, upon separation for any reason, to a cash conversion benefit for unused sick leave and personal leave credit.”

For state employees in Ohio, full and part-time permanent employees (including those in college and university) are granted 4.6 hours of sick leave for every 80 hours of service they complete. This does not include any overtime hours. Further, these conditions only apply if the employee’s wages are directly paid by a warrant of the auditor of state.

Related: I Was Fired for Being Sick. Can I Sue My Employer?

There is no limit to the number of hours one can accrue for sick leave. These can be used for illnesses, injuries, pregnancies, and health issues regarding an immediate family member. If one moves from one public sector job to another, they may retain the number of sick days they have accrued as long as their time between jobs is no more than 10 years. If a worker in Ohio does not have enough sick day hours and finds themselves needing more, they can receive accrued sick day hours from another employee so long as at least 8 hours are donated.

While not all workplaces are required to provide sick leave to their employees, there are some Federal mandates that require unpaid sick leave to be provided to anyone with severe illness or injury. In the state of Ohio, paid or unpaid sick leave is only required for public sector employees and is not required in private sectors. 4.6 hours of sick leave are granted for every 80 hours of work they complete, not including overtime.

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If you or a loved one would like to learn more about Accrued Sick Leave Laws Ohio, get your free consultation with one of our Employment Attorneys in Ohio today!