FAQs About Parental Leave Laws in Ohio
Parental leave laws vary from state to state. Here are potential questions about parental leave laws in Ohio.
What is parental leave?
Parental leave is a benefit that offers time off for an employee to take care of a newborn child, recently adopted child, foster child, or a child otherwise needing parental care.
How is parental leave protected under Ohio Law?
Under the Ohio Civil Rights Act, which applies to any company with at least 4 employees, workers are entitled to take reasonable leave for pregnancy or childbirth.
Full and part-time employees working at least 30 hours a week are eligible for up to 6 weeks of parental leave. Any employer who negates their employee’s parental leave right would therefore be violating the law.
What does the standard parental leave include in Ohio?
Regarding employers with 4-49 employees, an employee is entitled to parental leave for up to 6 weeks. 4 out of the 6 workweeks are paid leave for full-time employees, while part-time employees are entitled to a pro-rated amount of paid leave.
There is a 14-day waiting period during which time employees will not receive paid leave. The remaining 4 weeks will receive 70% of their rate of pay.
Any paid time off accumulated by an employee can be used during the 14-day waiting period to reimburse the unpaid leave. Accrued paid time off can also be used to supplement the 70% of pay in the remaining 4 weeks so the employee receives 100% pay during parental leave.
How is parental leave protected under federal law?
The Family and Medical Leave Act (FMLA) applies to any employer with at least 50 employees. The FMLA entitles eligible employees to take up to 12 weeks of leave within a one year-period for pregnancy or parental reasons.
To be eligible for parental leave under the FMLA, employees must have worked under their employer for a minimum of 12 months and for at least 1,250 hours during the 12 months immediately preceding their parental leave.
Related: Establishing Paternity in Ohio
Who is entitled to parental leave?
Under Ohio law, an employee must be the biological or legal guardian of the child and additionally live within the same household as the child.