Ohio Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

The federal Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., is the primary job-protected leave protection for Ohio employees. Ohio has enacted no state-level supplement to federal FMLA and no state family leave law for private-sector workers. Ohio FMLA protections are therefore identical to federal FMLA protections; state law adds no additional entitlements or employer obligations beyond the federal statute. A comprehensive overview of federal FMLA mechanics is available in the RemoteLaws Federal FMLA Guide. (Source: U.S. DOL FMLA overview — https://www.dol.gov/agencies/whd/fmla; 29 C.F.R. Part 825 — https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825)

FMLA Coverage and Employer Eligibility

FMLA applies to the following covered employers: (Source: U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

• Private-sector employers with 50 or more employees within a 75-mile radius during 20 or more workweeks in the current or preceding calendar year
• All public agencies, including state and local government employers, regardless of employee count
• All public and private elementary and secondary schools, regardless of employee count

Employers with fewer than 50 employees are not subject to FMLA. There is no Ohio state law that extends FMLA-type protections to employees of smaller employers.

FMLA Employee Eligibility Requirements

To be eligible for Ohio FMLA leave, an employee must meet all three of the following criteria: (Source: U.S. DOL Form WH-381 and FMLA regulations — https://www.dol.gov/agencies/whd/fmla/forms)

1. Length of service: The employee must have worked for the covered employer for at least 12 months. The 12 months need not be consecutive, but gaps of seven years or more generally do not count toward eligibility.
2. Hours of service: The employee must have worked at least 1,250 hours during the 12-month period immediately preceding the leave.
3. Worksite size: The employee must work at a location where the employer employs 50 or more employees within a 75-mile radius.

Employees who do not meet all three criteria are not entitled to FMLA leave. Part-time employees may qualify if the hours-of-service threshold is met.

Qualifying Reasons Under FMLA

FMLA leave may be taken for the following qualifying reasons: (Source: U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

• Birth of a child and bonding with a newborn within the first year after birth
• Placement of a child with the employee for adoption or foster care, and bonding with the child within the first year after placement
• Care for the employee’s spouse, child, or parent who has a serious health condition
• The employee’s own serious health condition that makes the employee unable to perform the essential functions of their job
• A qualifying exigency arising out of the fact that the employee’s spouse, child, or parent is a covered military member on covered active duty
• Military caregiver leave: care for a covered servicemember with a serious injury or illness (up to 26 workweeks in a single 12-month period)

A “serious health condition” under FMLA means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.

Is FMLA Paid or Unpaid in Ohio?

Ohio FMLA leave is unpaid. The FMLA provides job protection and health insurance continuation, but it does not require employers to pay employees during leave. Ohio has no state paid family and medical leave program that runs concurrently with FMLA. Employees may use accrued paid leave — including sick leave, vacation, PTO, or other employer-provided paid leave — during FMLA leave. An employer may require employees to substitute accrued paid leave for unpaid FMLA leave; employees may also elect to use accrued paid leave concurrently with FMLA if the employer permits. (Source: U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

For most private-sector Ohio employees, the practical options for income replacement during FMLA leave include: accrued paid leave balances (vacation, sick, PTO), employer-provided short-term disability insurance (if available), and voluntary private-market disability income policies. Workers who lose employment during or following leave may also have access to Ohio unemployment benefits, documented on the Ohio unemployment benefits page.

Does FMLA Apply to Small Businesses in Ohio?

FMLA applies only to private employers with 50 or more employees within a 75-mile radius. Employers with fewer than 50 employees are not covered by federal FMLA. Ohio has enacted no state family leave law that covers smaller employers. Employees of businesses with fewer than 50 employees are therefore not entitled to job-protected FMLA leave. (Source: U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

Employees at small Ohio employers may still be entitled to anti-discrimination protections under the Ohio Civil Rights Act (Ohio Revised Code Chapter 4112), which applies to employers with four or more employees and prohibits adverse employment actions related to pregnancy, childbirth, or related medical conditions. However, the Ohio Civil Rights Act does not mandate any specific duration of leave or wage replacement. (Source: Ohio Revised Code § 4112.01 — https://codes.ohio.gov/ohio-revised-code/section-4112.01)

FMLA Employee Rights and Employer Obligations

The FMLA provides the following protections and obligations: (Source: U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla)

Employee rights:

• Job restoration upon return from FMLA leave to the same or an equivalent position with equivalent pay, benefits, and terms of employment
• Continuation of group health plan coverage under the same terms and conditions as if the employee had not taken leave
• Protection from retaliation, interference, or restraint in the exercise of FMLA rights

Employer obligations:

• Post and keep posted an FMLA general notice (DOL Poster WH-1420) in a conspicuous location
• Provide written notice of eligibility and rights and responsibilities within five business days of receiving the employee’s FMLA request (DOL Form WH-381)
• Designate qualifying leave as FMLA leave and provide written designation notice to the employee (DOL Form WH-382)
• Maintain records related to FMLA leave for no fewer than three years
• May require medical certification to support a request for FMLA leave (DOL Form WH-380-E or WH-380-F)

FMLA Leave Duration and Intermittent Leave

Eligible employees may take up to 12 workweeks of FMLA leave in a 12-month period. For military caregiver leave, the duration is up to 26 workweeks in a single 12-month period; the combined total of all other FMLA leave and military caregiver leave may not exceed 26 weeks in that period. Intermittent leave or a reduced leave schedule is permitted when medically necessary, or for birth and bonding with employer approval. Leave may be taken in increments as small as one hour, depending on employer policy. (Source: 29 C.F.R. § 825.202 — https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825)

FMLA and the Ohio Civil Rights Act — Interaction

The Ohio Civil Rights Act (Ohio Revised Code Chapter 4112) provides parallel protections against pregnancy-related employment discrimination. Ohio Administrative Code Rule 4112-5-05 provides that an employment policy which results in the termination of an employee temporarily disabled due to pregnancy, or under which insufficient maternity leave is available, constitutes unlawful sex discrimination. These anti-discrimination provisions apply to employers with four or more employees — a lower threshold than federal FMLA’s 50-employee requirement — and offer an important protection for employees at smaller Ohio businesses. (Source: Ohio Administrative Code Rule 4112-5-05 — https://codes.ohio.gov/ohio-administrative-code/rule-4112-5-05)

The Ohio Civil Rights Act provisions and FMLA operate independently. FMLA leave may run concurrently with leave taken under an employer’s policies, and both federal and state anti-discrimination laws may apply to the same leave event. Review of overlapping protections is available through the Ohio Civil Rights Commission at civ.ohio.gov.