Ohio Bereavement Leave Laws

In Ohio, bereavement leave policies differ between public and private sector employees. While private employers are not mandated by state law to provide bereavement leave, state employees are entitled to specific provisions. This article provides an overview of bereavement leave in Ohio, covering key aspects such as eligibility, qualifying events, duration, and compensation.

What is Paid Bereavement Leave?

Paid bereavement leave is time off granted to employees following the death of a family member, during which they receive their regular wages. This leave allows individuals to grieve, attend funeral services, and manage related personal affairs without financial hardship.

Does Ohio Have Bereavement Leave Laws That Differ from Federal Bereavement Leave Laws?

Yes, Ohio has specific bereavement leave provisions for state employees that differ from federal regulations. According to Ohio Revised Code § 124.387, full-time and part-time permanent state employees are granted three days of paid bereavement leave upon the death of an immediate family member.

For private-sector employees, neither federal law nor Ohio state law mandates bereavement leave. Therefore, the provision of such leave is at the discretion of individual private employers.

What Counts as a Qualifying Event for Bereavement Leave in Ohio?

For state employees, qualifying events include the death of an immediate family member. Additionally, state employees may use bereavement leave in the event of a miscarriage or stillbirth, provided appropriate medical documentation is submitted.

Private employers define qualifying events based on their internal policies, which may vary.

Are There Requirements to be Eligible for Bereavement Leave in Ohio?

Eligibility for state employees includes:

• Employment Status: Full-time and part-time permanent employees whose salary or wage is paid directly by warrant of the director of budget and management.
• Relationship to the Deceased: Verification of the relationship to the deceased is required.

Private-sector employees’ eligibility is determined by their employer’s policies.

How Much Bereavement Leave Time are Employees Entitled to in Ohio?

State employees are entitled to three consecutive working days of bereavement leave, not exceeding twenty-four scheduled work hours, upon the death of an immediate family member. Part-time permanent employees receive bereavement leave based on the number of hours they would have normally been scheduled to work.

Private employers may offer varying amounts of bereavement leave, as specified in their company policies.

Who is Considered Immediate Family for Bereavement Leave in Ohio?

For state employees, “immediate family” includes:

• Spouse, child, parent, sibling, grandparent, grandchild.
• Corresponding step, half, or in-law relationships.
• Any person living within the employee’s home for whom the employee may claim a tax deduction.

Private employers may have different definitions, as outlined in their bereavement leave policies.

Is Bereavement Leave Required to be a Paid Leave in Ohio?

For state employees, bereavement leave is paid, with compensation equal to the employee’s base rate of pay.

Private-sector employers in Ohio are not legally required to provide paid bereavement leave; it is at their discretion.

Does Bereavement Leave Have to Be Taken Within a Certain Timeframe in Ohio?

State employees must use bereavement leave within one of the following time periods:

• Not more than five calendar days after the immediate family member’s death.
• Not more than five days before or five days after the date of the immediate family member’s funeral.

Private employers may set their own timeframes for bereavement leave usage.

Who Pays for Paid Bereavement Leave in Ohio?

For state employees, the state government covers the cost of paid bereavement leave.

In the private sector, if an employer offers paid bereavement leave, the employer bears the cost.

Conclusion

In Ohio, bereavement leave provisions differ between public and private sectors. State employees benefit from specific paid bereavement leave entitlements under Ohio Revised Code § 124.387. Private-sector employees’ access to bereavement leave depends on their employer’s policies, as there are no state mandates requiring such leave. Employees are encouraged to review their organization’s bereavement leave policies or consult with human resources to understand their options during times of loss. Employers, particularly in the private sector, are advised to establish clear bereavement leave policies to support their employees effectively.