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Ohio Paid Sick Leave Explained: One State, Two Wage Floors
Ohio requires no paid sick leave, so the handbook is the enforceable rule. Ohio does run two minimum wages at once, split by the employer gross receipts threshold and indexed annually, and its continuation statute at Ohio Rev. Code section 3923.38 gives up to 12 months of coverage after an involuntary termination.
Ohio has no paid sick leave statute and no local ordinance, so accrual, carryover and payout are decided by the handbook alone. Nothing about employer size changes that, because there is no entitlement at any size to change.
Employer size does change something else in Ohio, and it is unusual enough to be worth understanding: the state runs two minimum wages at the same time, separated by a gross receipts threshold rather than by headcount.
Ohio at a glance
| Paid sick leave mandate | None statewide for private employers |
|---|---|
| Governing rule | Your written policy, enforced as written |
| State paid family and medical leave | None. Federal FMLA only, unpaid, at 50+ employees |
| Minimum wage | $11.00 (employers grossing $405,000+; $7.25 below that) |
| Overtime | Weekly over 40 |
| Coverage below the 20-employee COBRA line | Ohio State Continuation of Health Insurance, up to 12 months [Ohio Rev. Code section 3923.38] |
Two wage floors, split by revenue
The Ohio rate applies to employers above an annual gross receipts figure. Employers below it pay the federal $7.25 instead. Both the rate and the threshold are indexed and move each January, which means a business can cross into the higher tier by having a better year rather than by hiring anybody.
For a leave policy the entitlement does not move, because there is not one. What moves is the value of every voluntary paid hour for a minimum-wage employee, and the gap between the two Ohio tiers is more than three dollars an hour. An employer that budgeted a paid sick day at the lower figure and crossed the threshold has understated the cost of its own policy.
Ohio continuation has three conditions, not one
Ohio Rev. Code section 3923.38 provides continuation of group health coverage for up to 12 months, and it is drafted more narrowly than most state continuation statutes. Three things have to be true: the employee was continuously insured for the entire three-month period before termination, the termination was involuntary and not for gross misconduct, and the person is not otherwise eligible for continuation.
That combination matters at the point of separation. In a state whose continuation law turns on whether the departure was voluntary, how a resignation is characterised in the file is not a presentational question. It decides whether the right exists at all.
What the handbook has to settle
Three sentences carry the whole Ohio leave policy: whether unused sick time is paid out at separation, whether it carries over, and whether it is available during a probationary period. They will be applied as written, with no statutory default behind them.
Ohio overtime is the weekly rule above 40 hours with no daily premium. Paid leave hours are generally not hours worked, so a paid absence does not advance an employee towards the overtime threshold.
Michigan and Pennsylvania are both across a border
Ohio is surrounded by states that have taken a different path. Michigan mandates the largest annual entitlement in the country at 72 hours above ten employees. Pennsylvania has no state mandate but three local ordinances, including Pittsburgh, which is closer to eastern Ohio than Columbus is.
The obligation follows the employee's work location. A Cleveland or Youngstown business with a remote hire in Michigan or inside the Pittsburgh city limits owes that jurisdiction's rules in full, with nothing in the Ohio handbook to extend. Building the right policy for the place the person actually works is what HR outsourcing does.
FMLA, remote-hire exposure and voluntary policy drafting: paid leave fundamentals.
For Ohio specifically: nothing above is statutory in Ohio, so your written policy is the enforceable rule, the wage floor those hours are paid at is $11.00 (employers grossing $405,000+; $7.25 below that), and below the federal 20-employee COBRA threshold Ohio still requires continuation coverage for up to 12 months. HR outsourcing in Ohio keeps that in the handbook and in payroll.
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Frequently Asked Questions
Does Ohio require paid sick leave?
No. Ohio has no statewide requirement for private employers, so whatever your handbook says is the enforceable rule, including on carryover and payout. Hours you do pay are paid at $11.00 (employers grossing $405,000+; $7.25 below that).
What pay rate applies to leave hours in Ohio?
Minimum wage in Ohio is $11.00 (employers grossing $405,000+; $7.25 below that). Overtime: Weekly over 40. Paid leave hours generally do not count toward the overtime threshold because they are not hours worked.
Does health coverage continue after separation in Ohio?
Federal COBRA applies at 20 or more employees. Below that, Ohio has its own continuation law, the Ohio State Continuation of Health Insurance, running up to 12 months (Ohio Rev. Code section 3923.38).
Does Ohio run a paid family and medical leave programme?
No. Federal FMLA is the only family and medical leave floor in Ohio: 12 workweeks, unpaid, at employers with 50 or more employees.
Why does Ohio have two minimum wages?
Because the Ohio rate applies only to employers above a gross receipts threshold. Below it, the federal $7.25 applies instead. The threshold and the state rate are both indexed and move each January, so an employer near the line can cross it without hiring anybody, simply by having a better year.
How does the gross receipts threshold affect a leave policy?
Through the value of the hour rather than the entitlement. Ohio mandates no paid sick leave at any size, so nothing about the obligation changes. What changes is what a voluntary paid hour is worth for a minimum-wage employee, which differs by more than three dollars an hour between the two Ohio tiers.
Who qualifies for Ohio continuation coverage?
Ohio Rev. Code section 3923.38 is narrower than most state continuation laws. It requires the employee to have been continuously insured for the entire three-month period before termination, the termination to have been involuntary and not for gross misconduct, and the person not to be eligible for other continuation. Continuation then runs up to 12 months.
Does any Ohio city require paid sick leave?
No. There is no municipal paid sick leave ordinance in Columbus, Cleveland, Cincinnati or anywhere else in Ohio, so there is no local layer and the state answer applies at every Ohio address.
Is this a PEO?
No. No co-employment and no employer-of-record change: your company stays the employer. HR outsourcing, powered by isolved.
Anthony leads HR outsourcing strategy at Business Executive Group, a national HR outsourcing firm serving employers across every state. BEG HR outsourcing is powered by isolved, with certified HR professionals building and maintaining state-correct leave policy as laws change.
Sources: Ohio Rev. Code section 3923.38; Ohio Department of Commerce, wage and hour. Compare every state on paid sick leave by state. General leave information, not legal advice.
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