Ohio Paid Sick Leave Laws: Your Entitlements

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, provides eligible employees at covered employers with up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, childbirth, adoption, or qualifying military exigencies. FMLA applies to employers with 50+ employees within 75 miles. The law requires employers to maintain health insurance during FMLA leave and restore employees to their original position upon return. However, FMLA does not require paid leave—employees receive no compensation during leave unless their employer policy or state law provides it.

The Equal Employment Opportunity Commission (EEOC) enforces FMLA rights. Violations may result in damages for lost wages, liquidated damages equal to lost wages, attorney fees, and costs. Individual states and localities may impose stricter requirements than FMLA.

No federal law mandates paid sick leave generally. Some federal contractors must provide paid leave under specific statutes (e.g., Davis-Bacon Act for prevailing wages), but these are narrow. State and local paid sick leave laws fill this gap.

Ohio has no statewide paid sick leave mandate for private employers. Under the Ohio Revised Code § 4113.04, employment is at-will, meaning employers may set their own compensation and leave policies without legal obligation to provide paid time off, including sick leave.

However, two major Ohio municipalities have enacted local paid sick leave ordinances that supersede state law:

**Cleveland Ordinance (§ 124.01 et seq.):** Applies to employers with 5 or more employees in Cleveland. Covered employers must provide at least 1 hour of paid sick leave per 30 hours worked (accrued on a rolling or front-loaded basis). Employees may use paid sick leave for their own illness, family member illness, preventive medical care, and purposes related to domestic violence, sexual assault, or stalking. Accrual can begin on the first day of employment or January 1. Employees may carry over unused leave year to year (though employers may cap annual usage at 40 hours). Employers may not discipline, discharge, or retaliate against employees for using accrued paid sick leave.

**Cincinnati Ordinance (§ 916.01 et seq.):** Applies to employers with operations in Cincinnati that have gross annual revenue of at least $1 million. Covered employers must provide 1 hour of paid sick leave per 30 hours worked (accrued monthly or front-loaded). Eligible uses include illness, medical appointments, and absences related to domestic violence, sexual assault, or stalking. Employees must carry over unused leave; employers may cap usage at 40 hours per year.

State law is substantially weaker than federal baseline and these local ordinances—Ohio provides no statewide paid sick leave right. Employers not covered by Cleveland or Cincinnati ordinances have no legal obligation. Employers that are covered must track accrual carefully and permit use for qualifying reasons without retaliation.

Ohio's at-will employment doctrine (Ohio Revised Code § 4113.04) means employers are not required to provide paid sick leave absent a contract, union agreement, or applicable local ordinance. Employers outside Cleveland and Cincinnati have no legal obligation to provide paid sick leave whatsoever.

Even in Cleveland and Cincinnati, exemptions apply: some employers may be exempt from local ordinances based on size or revenue thresholds. For example, very small employers (fewer than 5 employees in Cleveland) or lower-revenue businesses (under $1 million in Cincinnati) are exempt.

FMLA does not require paid leave, only unpaid leave. FMLA also has its own exemptions: employers with fewer than 50 employees within 75 miles, employees who have not worked there 12 months, and employees who have not worked 1,250 hours in the past 12 months are ineligible.

Ohio law does not treat paid sick leave as wages due—it is a benefit. Therefore, unused paid sick leave does not necessarily have to be paid out upon termination unless the employer policy or a contract requires it. Employers may legally forfeit accrued but unused paid sick leave when an employee separates, except in Cleveland and Cincinnati where carryover rules apply.

Union or collective bargaining agreements may require paid sick leave above statutory minimums; such contracts control over state law. Retaliatory discharge claims in Ohio require clear and convincing evidence that the discharge was in retaliation for a protected activity (e.g., reporting safety violations), not merely for absence due to illness.

**Step 1: Document Everything.** Keep detailed records of all sick leave requests, the dates and reasons provided, how much paid sick leave you accrued and used, and what your employer told you about the policy. Save written communications (emails, texts, pay stubs) showing your accrual or denial of paid sick leave. If you were disciplined, fired, or denied promotion after using paid sick leave, document the timing and context. Take screenshots of any posted employer policies or handbook provisions about paid sick leave.

**Step 2: Make an Internal Complaint (Optional but Recommended).** If you are covered by Cleveland or Cincinnati's paid sick leave ordinance, inform your employer in writing (email is sufficient) that you believe they are violating the local ordinance by denying accrued paid sick leave or retaliating against you for use. Request a written response. This creates a paper trail and may prompt compliance. Do not make threats or accusations of misconduct; simply state the facts: e.g., "I have accrued 20 hours of paid sick leave under Cleveland Ordinance § 124.01 and request payment/use of those hours." Keep a copy of this communication.

**Step 3: File a Complaint with the Appropriate Agency.**

**For Cleveland ordinance violations:** File a complaint with the Cleveland Department of Public Utilities, Division of Labor & Community Standards, Paid Sick Leave Unit. Online: https://www.clevelandohio.gov/ (navigate to Business Services > Paid Sick Leave). You can also call 216-664-2287 or mail your complaint to: City of Cleveland, Department of Public Utilities, 1925 Superior Avenue, Cleveland, OH 44114. The complaint must be filed within 180 days of the violation (or last incident of violation if ongoing). Include your name, address, phone, employer name and address, dates of violations, amount of paid sick leave at issue, and a narrative of what happened.

**For Cincinnati ordinance violations:** File a complaint with the Cincinnati Department of Community & Economic Development, Office of Worker Protections. Online: https://www.cincinnati-oh.gov/ (search "Paid Sick Leave"). Phone: 513-352-3270. Mail: City of Cincinnati, Department of Community & Economic Development, 140 East Fourth Street, Cincinnati, OH 45202. The filing deadline is typically within 2 years of the violation. Provide the same documentation as above: your contact info, employer details, dates, hours at issue, and facts.

**For FMLA violations (if applicable):** File a complaint with the U.S. Department of Labor, Wage and Hour Division. Online: https://www.dol.gov/agencies/whd/contact (File a Wage and Hour Complaint). Phone: 1-866-4-USDOL (1-866-487-3652). You have 2 years to file (3 years if willful violation). Include your name, employer, dates of leave denial, and the reason FMLA was violated.

**Step 4: Investigation and Resolution.** After filing, the agency will contact you to confirm your complaint. They will investigate by requesting your employer's records, accrual calculations, and any written policies. This process typically takes 30-60 days. The agency may issue a determination requiring the employer to pay owed paid sick leave or cease retaliation. If the employer disputes your claim, the agency may hold an informal hearing or settlement conference. You have the right to present evidence and be heard.

**Step 5: Consult an Attorney if Necessary.** If the agency's determination is unfavorable or the employer does not comply, or if your complaint involves both paid sick leave violation and retaliation or discrimination, contact an employment law attorney. Consult an attorney specializing in wage-and-hour law or employment discrimination. Many offer free initial consultations. An attorney can file a lawsuit in Ohio state court or federal court (if FMLA is involved) seeking damages for unpaid wages, liquidated damages, and attorney fees. Do not delay if you believe you have been wrongfully terminated—Ohio has a short statute of limitations for some employment claims.