Ohio Statewide Rule
Ohio Paid Leave Preemption Under SB 331
Key Facts
- Preemption Statute
- ORC 4113.85 preempts mandates
- Paid Leave Law
- No statewide paid sick law
- Private Employers
- Unregulated by mandates
- FMLA
- Federal leave still applies
- Public Sector
- May set their own policies
Summary
Ohio Senate Bill 331 added ORC 4113.85 preempting local paid sick leave, fringe benefit, and scheduling mandates on private employers statewide.
(8) Whether an employer will provide additional hours of work to employees the employer currently employs before employing additional workers; (9) Whether an employer will provide employees with fringe benefits and the type and amount of those benefits. (C) Nothing in this section requires an employer to adopt a policy concerning any of the matters described in division (B) of this section.
Full Breakdown
Senate Bill 331, effective in 2017 and codified at ORC 4113.85, prohibits political subdivisions from requiring private employers to provide paid or unpaid leave that exceeds federal or state law, including sick days, vacation, holidays, or other fringe benefits. The law was passed after Cleveland and other municipalities considered local paid sick leave mandates. Ohio has no statewide paid sick leave or paid family leave law, leaving private employer policies as the primary source of leave benefits.
Violations & Penalties
Local paid leave ordinances against private employers are preempted and unenforceable under ORC 4113.85.
Frequently Asked Questions
Can Ohio cities require paid sick leave for private employers?
Does Ohio have a state paid family leave law?
Sources
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