Ohio Employee Leave FAQs

What You Need to Know About Ohio Employee Leave

Employers permit leaves of absence to employees, often for specific circumstances in an employee’s life. Here’s everything you need to know about Ohio employee leave FAQs.

The federal government and Ohio regulate employment leave laws.

Do Ohio employees get vacation leave?

Ohio does not obligate employers to give their employees paid or unpaid vacation benefits. If an employer wishes to provide such benefits, it must do so per its policy or employment contract.

Do Ohio employees get holiday leave?

Ohio law does not require private employers to give their employees paid or unpaid holiday leave. A private employer in Ohio can require an employee to work holidays. Unless the time spent qualifies the employee for overtime, a private employer does not need to give an employee premium pay for working holidays. Employers must follow the rules of their stated policy or employment contract if they want to provide paid or unpaid holiday vacation.

Do Ohio employees get guaranteed sick leave?

Ohio law does not require employers to provide employees with sick leave benefits, either paid or unpaid. An employer must comply with its established policy or employment contract terms if it chooses to provide sick leave benefits. An employer does not need to pay an employee for accrued sick leave upon separation from employment. An employer in Ohio may need to provide an employee unpaid sick leave per the Family and Medical Leave Act (FMLA) or other federal laws.

What is the Family and Medical Leave Act (FMLA)?

The FMLA allows eligible employees in Ohio to take up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons in 12 months. The FMLA also permits qualified employees to take up to 26 weeks of job-protected leave in a single 12-month period to care for a covered military member who has suffered a severe accident or illness.

What job protection does FMLA provide?

When an employee returns from FMLA leave, the employer must ensure the employee’s original job or an equivalent job with equal salary benefits. The established conditions of employment return after the employee completes FMLA leave.

When does an employee qualify for FMLA leave?

Employees qualify for family and medical leave when they work for a covered employer for at least 12 months and a minimum of 1,250 hours. The employee must also work at a location where the employer employs at least 50 employees within 75 miles.

What conditions qualify someone for family and medical leave?

An eligible employee may take leave for the following reasons:

Childbirth and care for a newborn child;
The employee cares for a child via adoption or foster care;
To care for a spouse, child, or parent with a serious health condition;
To take medical leave for not working due to a serious health condition;
Qualifying difficulties arising from an employee’s spouse’s, child’s, or parent’s active duty;
To provide care to a current member of the Armed Forces, including a member of the National Guard or Reserves, with a severe injury or illness during a single 12-month period to care for the service member.

Can Ohio legally deny family and medical leave?

Employers cannot legally interfere, restrict, or deny using FMLA benefits. Employers cannot fire or discriminate against an employee for opposing a policy or participating in a legal procedure connected to the FMLA.

Where can employees and employers find FMLA forms to provide basic notice information?

Employers and employees can use the optional-use forms by the United States Department of Labor to provide basic information and certification.

Employers can also use their forms if they provide the same basic information and require the same certification. For notice and certification forms, refer to https://www.dol.gov/agencies/whd/fmla/forms.

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