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Ohio Leave Law


In addition to rights for all employees under the federal Family and Medical Leave Act (FMLA) certain employees of the State of Ohio receive leave benefits in addition to the protections of the FMLA.. Below is a brief summary of the Ohio law.

If you are considering taking leave, consult with your Human Resource Office for additional details. Preferably speak with a supervisor to help assure accuracy of the information you receive.


Who Is Eligible?

You are eligible to receive sick leave credits if you are a full-time or part-time permanent employee in a state agency. "Permanent" employee means that your appointment is not for a limited period of time.

How Much Leave Will I Get?

For every 80 hours of service completed (excluding overtime), you are entitled to 3.1 hours of paid sick leave.

What Are Legitimate Reasons To Use Leave?

Upon approval, you may use sick leave for absences due to personal illness, pregnancy, injury, exposure to contagious disease, and illness, injury or death of an immediate family member.

What If I Need Additional Sick Leave?

One option is to seek donated leave. The director of any state administrative service may establish a leave donation program for its employees. Where such a program exists, an employee may donate his or her accrued but unused paid leave to another employee.

Who Is Eligible to Receive Donated Leave?

If you are otherwise eligible (as described above), you may seek donated leave if:

  • You or a member of your immediate family has a serious illness of injury.
  • You have no accrued leave.
  • You have not been approved to receive other state-paid benefits.
  • You have applied for any paid leave, workers' compensation, or benefits program for which you are eligible. You may use donated leave to satisfy the waiting period for these benefits/ programs.

How Much Donated Leave May I Receive?

You may receive up to the number of hours you are scheduled to work each pay period (or the amount of leave equal to the benefit for which you applied, e.g. workers' compensation).

How Does Donation Work?

An employee who wishes to donate leave must donate a minimum of 8 hours, and must retain a combined leave balance of at least 80 hours. The donating employee must certify the name of the employee for whom the leave is intended, the type of leave and number of hours to be donated, that the donating employee is retaining a minimum of 80 hours for his or her own use, and that the leave is being donated voluntarily.

What If I Still Need Additional Leave?

Upon written request and approval, you may be eligible for leave without pay. Such leave may be granted for any personal reason and may last a maximum of six months. The amount of time you are on leave without pay will be counted against your FMLA leave entitlement.

Do I Still Get My Job Back?

Yes. Upon completion of leave you must be returned to the same or similar position.

To learn more

See: offsite link.

Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY 

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