Ohio Leave Laws
No federal or state law requires employers to provide paid or unpaid vacation time for their employees. However, if employers choose to offer a vacation leave, paid or unpaid, to their employees it must comply with applicable state law or employment contract.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
The state of Ohio has no statute governing the payment of vacation time.
- Use-It-or-Lose-It Policy
The state of Ohio has no statute governing the policy.
- Payment of Accrued Vacation on Termination
An employer’s policy determines whether earned, unused vacation is paid on termination (see Winters-Jones v. Fifth Third Bank, 1999 WL 342215 (Ohio Ct. App. May 27, 1999)).
No federal or state law in Ohio requires employers to pay out an employee’s accrued vacation, sick leave or other paid time off (PTO) at the termination of employment.
Maternity, Paternity, FMLA
In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Ohio has the following laws regarding Maternity and Paternity Leave:
The Ohio Civil Rights Act applies to all employers with four or more employees, provides protection from discrimination on the basis of sex and pregnancy. The law prohibits employers from penalizing employees due to pregnancy or childbirth leave.
Employees with temporary disability due to conditions related to pregnancy or childbirth must be treated the same way as the employees with any other disability.
Jury Duty Leave
An employer is not required to pay an employee for time spent responding to a jury summons or serving on a jury.
An employer may not discharge, threaten to discharge or take any disciplinary action that could lead to the discharge of any permanent employee who is summoned to serve as a juror if the employee gives reasonable notice to the employer of the summons prior to the commencement of the employee’s service as a juror and if the employee is absent from employment because of the actual jury service.
An employer may not require or request an employee to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or for time spent actually serving on a jury.
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
Ohio law prohibits employers from terminating or threatening to terminate an employee for taking a reasonable amount of time off to vote. Employers are only required to pay salaried employees for voting leave.
An employer who violates this law may be required to pay a fine not less than $50 nor more than $500.
Ohio has laws providing protections for military service members as follows, in addition to Uniformed Services Employment and Reemployment Rights Act:
- Reinstatement and employment rights for employees who are absent from work due to service in the U.S. uniformed services or the organized militia of Ohio or of any other state.
- Nondiscrimination requirements are applicable to employers with four or more employees.
- Continuation of health benefits for reservists, including National Guard members, called to active duty