The Family and Medical Leave Act (FMLA) provides eligible employees with job protection if they need to take time off work for qualifying reasons. Some states provide additional protections or mandate that employees be offered paid time off. Every state is different — how does Ohio compare?
This guide from Mosey explains what Ohio employers need to know about FMLA and how they can stay on top of state compliance.
What Is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that grants eligible employees the right to take unpaid, job-protected leave for specific family and medical reasons. The purpose of the FMLA is to help employees balance work responsibilities with family needs while maintaining job security.
Eligible employees can take up to 12 weeks of leave within a 12-month period for the following reasons:
- The birth and care of a newborn child
- Placing a child up for adoption or into foster care
- Caring for a parent, spouse, or child with a serious health condition
- A serious health condition that prevents the employee from performing essential job duties
- Certain situations that arise from a family member’s military service (qualifying exigencies)
In addition, FMLA provides up to 26 weeks of leave to care for a service member with a serious injury or illness. This is known as military caregiver leave.
How Do State FMLA Laws Differ From Federal FMLA?
While FMLA is a federal law that applies uniformly across the country, some states have enacted their own leave laws that provide additional benefits or expand eligibility.
These state-specific laws can:
- Offer more leave time than the 12 weeks provided by federal FMLA
- Include a broader definition of family members
- Lower the threshold for employer coverage or employee eligibility
- Require paid leave instead of unpaid leave
Employers in states with their own leave laws must comply with both federal and state regulations, applying whichever is more favorable to the employee. States have the option to exceed the minimum requirements or implement paid leave laws that coincide with FMLA.
In the case of Ohio, federal and state FMLA laws are exactly the same. Ohio does not require additional leave time, more lenient eligibility, or paid time off. The state only utilizes federal FMLA requirements.
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What To Know About Ohio’s FMLA Laws
Ohio has no state-specific family and medical leave law that expands upon or supplements the federal FMLA. Instead, employers and employees in Ohio must follow the federal guidelines established by the FMLA.
Ohio does have provisions and policies that interact with FMLA, such as workers’ compensation laws and disability leave policies.
Eligibility Requirements
To qualify for FMLA leave in Ohio under federal law, an employee must:
- Work for a covered employer (public agencies, schools, and private employers with 50 or more employees within a 75-mile radius)
- Have worked for the employer for at least 12 months
- Have logged at least 1,250 service hours during the 12 months preceding the leave
Leave extensions can be granted under specific circumstances.
Reasons for Leave
Eligible Ohio employees may take FMLA leave for any federally approved reason:
- Parental leave for childbirth or adoption
- Personal, serious health conditions
- Caring for a family member with a serious health condition
- Military family leave provisions
Military family leave provisions are among the most complicated aspects of the FMLA. Military institutions like the VA can provide special guidance to military families.
Interactions With State Laws
Although Ohio does not have its own FMLA law, other state policies may support employees needing time off for medical or family reasons.
- Pregnancy Leave: Under Ohio’s Civil Rights Act, employers with four or more employees must provide reasonable accommodations for pregnancy or childbirth-related conditions. This may include leave, but it’s not the same as maternity leave.
- Workers’ Compensation: Employees injured on the job may be eligible for workers’ compensation benefits, which can overlap with FMLA leave.
- Disability Benefits: Some employers offer long-term or short-term disability plans that complement FMLA leave.
It’s important to specify the type of leave an employee will take before they’re given time off. If an employee intends to use different leave types back to back, employers should clarify how time off is allocated.
Job Protection
Under federal FMLA, Ohio employees taking qualified leave are entitled to reinstatement to the same or an equivalent position upon returning. They are also entitled to health insurance benefits during their leave.
Employer Obligations
Finally, employers in Ohio must adhere to additional FMLA guidelines, including providing required notices to employees, maintaining accurate records, and designating leave appropriately.
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How To Comply With Ohio FMLA
Employers in Ohio must ensure compliance with federal FMLA standards while remaining attentive to state-specific regulations that may affect leave policies.
Determine Coverage and Eligibility
Verify if your business qualifies as a covered employer under FMLA. Make sure employees requesting leave meet the eligibility criteria and regularly review work hours and tenure records to avoid disputes.
Develop and Distribute a Leave Policy
Create a clear and comprehensive leave policy that outlines employees’ rights under FMLA and Ohio’s related laws. Include information about reasons for leave, procedures for requesting leave, documentation requirements, and employee obligations during leave (such as telling HR when they think they’ll return).
Post Required Notices
The Department of Labor (DOL) requires covered employers to display the FMLA poster in a visible location. Ensure employees have access to this information — depending on the makeup of your workforce, you may be required to post the sign in multiple languages.
Train Managers and HR Staff
Provide training for HR management to recognize FMLA requests and handle them appropriately. Mismanaging requests can result in legal challenges and penalties.
Maintain Accurate Records
Employers must retain records of FMLA leave for at least three years, including leave requests and related correspondence, hours worked, and tenure records. Supporting documents — such as doctor’s notes — that confirm leave eligibility can also be helpful.
Coordinate With Other Benefits
Ensure FMLA leave aligns with other employee benefits, such as workers’ compensation, disability insurance, or employer-provided paid leave. Clear communication about how these programs interact helps avoid confusion.
Monitor Regulatory Updates
Stay informed about changes to FMLA regulations or relevant Ohio laws that may impact leave policies. Also, keep an eye on paid leave mandates, which may affect you in the future.
Stay Compliant with Mosey
While Ohio does not have its own state-specific FMLA law, employers must adhere to federal FMLA guidelines and consider how other state laws and benefits interact with leave policies.
Ensuring compliance requires careful attention to eligibility, documentation, and communication. Mosey’s compliance management system can help you automate the state compliance process, making sure you never overlook a requirement or miss a deadline.
Book a demo with Mosey to learn how we can help your organization streamline compliance.
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