Ohio Labor Laws: Wages, Breaks and Overtime (2026)

Ohio does not require employers to provide sick leave, either paid or unpaid, for employees. The availability and details of sick leave are largely determined by employer policies and contracts.

• Employers who choose to provide sick leave must follow their own written policies regarding accrual, eligibility, and usage.
• Some public employees or those in unionized workplaces may have sick leave as a benefit outlined in their collective bargaining agreements or state policies.

The FMLA requires employers with 50 or more employees to offer up to 12 weeks of unpaid, job-protected leave for family and medical reasons, including the birth of a child, care of a seriously ill family member, or the employee’s own health condition.

• To be eligible, an employee must have worked for at least 1,250 hours over the previous 12 months for an employer covered by the FMLA.
• Ohio does not have a separate state law that provides leave beyond what the FMLA offers.

Ohio does not have a law mandating bereavement leave for employees. Whether leave is provided for the death of a family member is up to the employer’s policy.

• Many employers voluntarily provide 1-3 days of bereavement leave for immediate family members, but this is at the employer’s discretion

Under the federal Pregnancy Discrimination Act, it is illegal for Ohio employers to discriminate against employees based on pregnancy, childbirth, or related conditions. Pregnant employees may be entitled to reasonable accommodations.

Parental leave is covered under the FMLA, providing up to 12 weeks of unpaid leave for the birth or adoption of a child. Ohio does not offer additional parental leave beyond the FMLA.

Ohio does not require employers to provide paid or unpaid leave for holidays. However, many employers voluntarily offer paid holidays as part of their benefits package.

In addition, Ohio does not require additional pay for work performed on holidays, unless it is specified in an employment contract or company policy

Ohio does not mandate vacation leave, whether paid or unpaid. Employers have the freedom to set their own policies regarding vacation accrual, carryover, and usage.

If an employer has a written policy that specifies vacation leave, accrued vacation time may be considered earned wages that must be paid upon termination of employment

Ohio provides specific protections for volunteer firefighters and emergency medical services (EMS) providers in the event they need to respond to emergencies.

Job Security: Ohio law prohibits employers from terminating employees who are volunteer firefighters or EMS providers for being absent or late to work due to responding to an emergency before their scheduled reporting time.

Who Is Covered: This protection applies to:

• Members of a volunteer fire department.
• Employees working for a political subdivision of Ohio as volunteer firefighters.
• Volunteer providers of emergency medical services (EMS).

Pay Policy: Employers may deduct the time lost due to responding to an emergency from the employee’s regular pay.

Employee Obligations:

• Submit written notice of volunteer status to the employer within 30 days of certification.
• Notify the employer if they may be late/absent due to emergencies, or provide a written explanation if prior notice is not possible.
• Provide documentation from a fire chief or medical director if requested by the employer.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies in Ohio, ensuring that employees serving in the military have the right to take unpaid leave for military service and are entitled to be reemployed upon return.

Ohio also has additional protections for public employees, offering up to 31 days (one month) of paid leave for military service each year.

Family Military Leave is typically covered under the FMLA, which allows eligible employees to take leave for family members’ military deployments or injury.

Employers may voluntarily offer family military leave beyond federal requirements.

Ohio law requires employers to give employees a reasonable amount of time to vote on Election Day but does not mandate that this time must be paid.

Employers may request that employees give notice in advance if they need time off to vote. The law prohibits employers from penalizing employees for taking time to vote

Ohio requires employers to provide leave for employees serving on jury duty. This leave does not need to be paid unless otherwise provided by the employer’s policy.

Employers are prohibited from retaliating against or penalizing employees for serving jury duty. It’s also against the law to require employees to take vacation or sick leave for them to serve their jury duties. 

Ohio law provides victims of crimes with the right to take leave to attend criminal proceedings. This leave is typically unpaid unless otherwise provided by the employer.

Crime victims may use other available forms of leave, such as personal or vacation leave, to attend court proceedings or handle related matters.

Ohio has a statewide minimum wage of $10.70 per hour as of January 2025. 

• No Local Variations: Unlike some states that allow cities to set their own minimum wages, Ohio maintains a uniform minimum wage law statewide, ensuring that all workers across different regions of Ohio are subject to the same minimum wage standard.
• Cost of Living Adjustments: The statewide minimum wage is adjusted annually based on the Consumer Price Index (CPI), which takes into account cost-of-living changes but does not vary by locality.

• Tipped employees: Base wage of $5.50 per hour, provided tips bring total pay to at least $11.00 per hour.
• Student learners: Employers may pay no less than 75% of the minimum wage to student learners enrolled in vocational education programs under a valid federal certificate, per DOL guidance.
• Workers with disabilities: Employers may pay a sub-minimum wage under 14(c) federal certificates issued by the federal DOL.

Employers with annual gross receipts of $405,000 or less are exempt from Ohio’s state minimum wage. They must still pay the federal minimum wage of $7.25 per hour. The 2025 threshold was $394,000. The 2026 threshold is $405,000, per the Ohio Department of Commerce.

Other exemptions from Ohio wage and hour law and the Ohio Revised Code 4111 include certain agricultural workers, domestic employees in limited circumstances, and some government employees. Most Ohio construction employers are fully covered and must comply with the $11.00 rate.

Ohio is an “at-will” employment state, meaning either the employer or the employee may terminate the employment relationship at any time, for any reason, or for no reason at all, provided the reason is not illegal (such as discrimination or retaliation).

Exceptions: There are some exceptions, such as wrongful termination in violation of anti-discrimination laws, retaliation, or breaches of employment contracts.

Ohio is NOT a right-to-work state. This is one of the most frequently misunderstood questions in Ohio employment law. Is Ohio a right to work state? No. Collective bargaining agreements in Ohio may require employees in a bargaining unit to pay union dues or fees as a condition of employment. If your crew works under a union agreement, the security provisions in that CBA are enforceable. Workers cannot refuse to pay dues and keep their job on a union-covered site.

This affects every nonresidential construction contractor in Ohio who works on union projects. Budget for union compliance costs and include them in your certified payroll calculations.

Ohio has no statewide law restricting background check timing for private employers. The federal Fair Credit Reporting Act (FCRA) governs how consumer report information may be used in hiring. Drug testing is permitted for Ohio employers and widely used in construction. Ohio’s workers’ compensation statute encourages drug-free workplace programs with premium discounts for enrolled employers.

Ohio follows federal EEO laws, which prohibit discrimination based on race, color, religion, sex, pregnancy, national origin, disability, age (40 or older), and genetic information.

Ohio also provides additional protections against discrimination for ancestry and military status.

As of March 20, 2026, Ohio’s E-Verify Workforce Integrity Act (HB 246) requires all nonresidential construction contractors, subcontractors, and labor brokers to verify employment eligibility through E-Verify for every new hire. The law is codified at ORC § 4151.02. There is no small-employer exception. Size does not matter. If you are a nonresidential construction contractor, you must comply.

Covered work: commercial buildings, highways, bridges, utilities, and related infrastructure. Excluded: residential construction, manufactured homes, mobile homes, and agricultural structures.

What the law requires:

• Create an E-Verify case for each new hire before or on the first day of work
• Retain E-Verify records for three years from hire or one year after termination, whichever is later
• Terminate employees who receive a Final Nonconfirmation from E-Verify
• State contracting agencies must include E-Verify compliance terms in every contract with covered contractors

Enforcement: The Ohio Attorney General investigates complaints. First offense: court fines. Second offense: two-year debarment from state contracts. Knowingly employing unauthorized workers: license suspension or revocation. For implementation guidance, see Vorys law firm’s HB 246 employer analysis.