Military Caregiver Leave – Ohio Rev. Code Ann. 5906 (Effective 7/2/10)

Covered Employers: Employers who employ 50 or more employees

Employee Eligibility: An eligible employee is one who has been employed by the employer for at least twelve consecutive months and for at least 1,250 hours in the twelve months immediately preceding commencement of the leave. The employee must also be the parent, spouse, or legal custodian of a member of the uniformed services who is called into active duty for a period longer than 30 days, or is injured, wounded, or hospitalized while serving on active duty.

Entitlement: An employee who is the parent, spouse, or legal custodian of a member of the uniformed services who is called into active duty for a period longer than 30 days, or is injured, wounded, or hospitalized while serving on active is permitted to take unpaid leave up to ten days or eighty hours of leave, whichever is less.. Leave cannot occur more than 2 weeks prior, or 1 week after, the uniformed service member's deployment. The employee must have no other leave available except sick or disability leave.

Employer Notice: Not specified

Employee Notice: An employee must give notice to the employer that the employee intends to take military caregiver leave at least fourteen days prior to taking the leave if leave is being taken because of a call to active duty or at least two days prior to leave if leave is being taken for an injury, wound or hospitalization. However, if the injury, wound or hospitalization is of a critical or life-threatening nature, employee may take leave without providing notice.

Obligation to Provide Certifications or Documents Supporting Need for Leave: An employer may require an employee requesting to use this leave to provide certification from the appropriate military authority to verify that the employee satisfies the criteria for taking the leave.

Paid?: Employer is not required to pay salary or wages

Benefits: The employer must provide benefits to the employee during the period of time the employee is on military caregiver leave. The employee is responsible for the same proportion of the cost of the benefits as the employee regularly pays during periods of time when the employee is not on leave.

Reinstatement: Upon the completion of the military caregiver leave, the employee will be restored to the position the employee held prior to taking that leave or a position with equivalent seniority, benefits, pay, and other terms and conditions of employment.

Other Important Definitions/Requirements: An employer may not interfere with, restrain, or deny the exercise or attempted exercise of a right established under this law and may not discharge, fine, suspend, expel, discipline, or discriminate against an employee with respect to any term or condition of employment because the employee's actual or potential exercise, or support of another employee's exercise under this law.

Relationship with Other Leave: The employee may take such leave when the employee does not have any other leave available for the employee’s use except sick leave or disability leave.

Absence Specifications