What Are Ohio’s Maternity Leave Laws in 2025?

Maternity leave in Ohio can create confusion for both employers and employees. Since the state does not have its own requirements for private-sector businesses, leave for pregnancy, childbirth, foster care, and related medical needs is governed by the federal Family and Medical Leave Act (FMLA).

The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected time away for these qualifying events. Companies can also choose to voluntarily provide paid maternity leave, short-term disability coverage, or enhanced parental leave policies, but this is optional.

What maternity and family leave is allowed in Ohio?

Since Ohio has not passed its own maternity or family leave laws for private businesses, FMLA is the default governing framework.

Public-sector employees may have access to additional benefits, depending on their union contracts or agency rules. For private employers, however, the only obligations come from FMLA unless the business chooses to implement more generous benefits.

Employers should make sure their handbooks clearly describe:

• The scope of FMLA rights and eligibility
• Any additional parental leave benefits the company offers voluntarily
• How leave requests are handled and tracked internally

FMLA leave entitlements

FMLA leave in Ohio can be taken for several purposes. As an employer, you should be prepared for requests related to:

• Recovery from childbirth
• Bonding with a newborn
• Time off connected to adoption or foster placement
• Caring for a spouse, child, or parent with a serious health condition

FMLA leave is unpaid, but Ohio employers may allow (or even require) employees to use accrued PTO, vacation, or sick leave during this time. This helps employees maintain income for a portion of their time away from work.

Find out more about each state's paid sick leave laws.

Job protection and benefits during leave

Covered employers are required to return employees who come back from leave to their previous position, or to a role with equivalent pay, benefits, and responsibilities.

Health insurance coverage must also remain in place throughout the leave period. Employees may still be responsible for paying their portion of premiums, but the coverage itself cannot lapse.

Employers may also require employees to use accrued paid leave concurrently with FMLA leave, as long as the policy is clearly written and applied consistently.

Learn about the statutory vs. voluntary benefits you can offer your employees.

Employee eligibility

To qualify for FMLA, an employee must meet all of the following conditions:

• Have worked for the employer for at least 12 months
• Completed a minimum of 1,250 hours of service during the past 12 months
• Work at a location where the employer has at least 50 employees within a 75-mile radius

Employers should maintain accurate systems for tracking tenure and hours worked to confirm eligibility and ensure consistent compliance with FMLA requirements. Partnering with a PEO can simplify this process by automating tracking and providing expert guidance on eligibility decisions.

Employer eligibility

Employer obligations vary by size. In Ohio, the following criteria are used to determine if an employer is required to provide FMLA coverage:

• Public employers: Always covered by FMLA
• Private employers: Covered if they have 50+ employees within a 75-mile radius
• Smaller businesses: Exempt, though many still provide voluntary leave to attract and retain employees

Understanding where your organization falls under these rules is the first step in building compliant and competitive leave policies.

How leave requests are handled in Ohio

Employers should follow a clear and consistent process when handling leave requests to remain compliant and support employees effectively. The following steps are required:

• Employee notice: 30 days in advance for foreseeable events like childbirth, or as soon as possible for emergencies
• Medical certification: Employers may request documentation to confirm the need for leave
• Employer notice: Businesses must provide written notice outlining the employee’s rights and responsibilities under the FMLA

A standardized process reduces compliance risks and helps ensure that sensitive situations such as maternity leave are handled with clarity and fairness.

Keep compliant with Deel PEO

For Ohio employers, managing maternity leave means more than just knowing the rules—it requires applying FMLA correctly, tracking leave carefully, and ensuring new parents can return to work with their rights fully protected. Clear handbook policies and reliable HR systems are key to staying compliant and giving employees peace of mind during this important stage of life.

Deel PEO empowers employers by providing:

• Comprehensive FMLA support, including eligibility checks, leave tracking, documentation, and reinstatement management
• Fully in-house payroll, HR, tax, and compliance at the federal, state, and local levels
• Expert support from certified professionals, licensed advisors, and dedicated HR business partners and Payroll Managers
• Exclusive Aetna International benefits plans for W-2 employees traveling abroad
• Access to 60+ domestic benefits plans with Fortune 500-level coverage
• State-specific trainings, HR policies, and on-demand HR support
• And more

With Deel PEO, Ohio businesses can manage maternity leave with confidence, support employees effectively, and stay compliant nationwide.

Book a demo to learn more about Deel PEO.