This is a preview. To continue reading please Log in or Register to Read This Article

FMLA: Ohio

FMLA requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Alison M. Day, Littler


  • Ohio does not currently require state family and medical leave for employees of private sector employers. See Family and Medical Leave.
  • However, Ohio private employers with 50 or more employees must provide family military leave. See Covered Employers.
  • In order to qualify for Ohio's family military leave, an employee must be employed by the employer for at least 12 consecutive months and for at least 1,250 hours in the 12 months preceding the leave. See Employee Eligibility.
  • If an employee is eligible for Ohio's family military leave, covered employers must provide the employee with up to 10 days or 80 hours, whichever is less, of unpaid leave to the employee whose parent, spouse, legal custodian of a member of the uniformed services is called into active duty for a period longer than 30 days, or is injured, wounded, or hospitalized while serving on active duty. See Length and Purpose of Leave.
  • Qualified employees must provide 14 days' notice of their intention to take leave if the leave is taken because of a call to active duty, or at least two days prior to taking leave if due to an injury, wound, or hospitalization of the servicemember. See Notice and Certification.
  • Employers must continue to provide benefits to the employee during the period of time the employee is on leave. See Benefits and Compensation During Leave.
  • Employers have certain job restoration obligations to an employee returning from leave. See Reinstatement.
  • Female employees affected by pregnancy, childbirth, or related medical conditions must be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons similar in their ability or inability to work. See Pregnancy Disability Leave.