Ohio Revised Code
Chapter 124 | Department of Administrative Services - Personnel
Section 124.136 | Parental Leave and Benefits.

Effective: September 30, 2021
Latest Legislation: House Bill 110 - 134th General Assembly
(A) As used in this section:
(1) "Fetal death" has the same meaning as in section 3705.01 of the Revised Code.
(2) "Stillborn" means that an infant of at least twenty weeks of gestation suffered a fetal death.
(B)(1) Each permanent full-time and permanent part-time employee paid in accordance with section 124.152 of the Revised Code and each employee listed in division (B)(2), (3), or (4) of section 124.14 of the Revised Code who works thirty or more hours per week, and who meets the requirement of division (B)(2)(a) of this section is eligible, upon the birth, stillbirth, or adoption of a child, for a parental leave of absence and parental leave benefits under this section. If the employee takes leave under this section for a stillbirth, the employee is ineligible for leave under section 124.387 of the Revised Code.
(2)(a) To be eligible for leave and benefits under this section, an employee must be one of the following:
(i) A parent, as listed on the birth certificate, of a newly born child;
(ii) A parent, as listed on the fetal death certificate, of a stillborn child;
(iii) A legal guardian of and reside in the same household as a newly adopted child.
(b) Employees may elect to receive five thousand dollars for adoption expenses in lieu of receiving the paid leave benefit provided under this section. Such payment may be requested upon placement of the child in the employee's home. If the child is already residing in the home, payment may be requested at the time the adoption is approved.
(3) The average number of regular hours worked, which shall include all hours of holiday pay and other types of paid leave, during the three-month period immediately preceding the day parental leave of absence begins shall be used to determine eligibility and benefits under this section for part-time employees, but such benefits shall not exceed forty hours per week. If an employee has not worked for a three-month period, the number of hours for which the employee has been scheduled to work per week during the employee's period of employment shall be used to determine eligibility and benefits under this section.
(C) Parental leave granted under this section shall not exceed six consecutive weeks, which shall include four weeks or one hundred sixty hours of paid leave for permanent full-time employees and a prorated number of hours of paid leave for permanent part-time employees. Parental leave shall be taken within one year of the birth of the child, delivery of the stillborn child, or placement of the child for adoption. All employees granted parental leave shall serve a waiting period of fourteen days that begins on the day parental leave begins and during which they shall not receive paid leave under this section. Employees may choose to work during the waiting period. During the remaining four weeks of the leave period, employees shall receive paid leave equal to seventy per cent of their base rate of pay. All of the following apply to employees granted parental leave:
(1) They remain eligible to receive all employer-paid benefits and continue to accrue all other forms of paid leave as if they were in active pay status.
(2) They are ineligible to receive overtime pay, and no portion of their parental leave shall be included in calculating their overtime pay.
(3) They are ineligible to receive holiday pay. A holiday occurring during the leave period shall be counted as one day of parental leave and be paid as such.
(D) Employees receiving parental leave may utilize available sick leave, personal leave, vacation leave, or compensatory time balances in order to be paid during the fourteen-day waiting period and to supplement the seventy per cent of their base rate of pay received during the remaining part of their parental leave period, in an amount sufficient to give them up to one hundred per cent of their pay for time on parental leave.
Use of parental leave does not affect an employee's eligibility for other forms of paid leave granted under this chapter and does not prohibit an employee from taking leave under the "Family and Medical Leave Act of 1993," 107 Stat. 6, 29 U.S.C.A. 2601, except that parental leave shall be included in any leave time provided under that act. An employee may not receive parental leave under this section after exhausting leave under the Family and Medical Leave Act of 1993 for the birth of the child, delivery of the stillborn child, or placement of the child for adoption.
(E) Employees receiving disability leave benefits under section 124.385 of the Revised Code prior to becoming eligible for parental leave shall continue to receive disability leave benefits for the duration of their disabling condition or as otherwise provided under the disability leave benefits program. If an employee is receiving disability leave benefits because of pregnancy and these benefits expire prior to the expiration date of any benefits the employee would have been entitled to receive under this section, the employee shall receive parental leave for such additional time without being required to serve an additional waiting period if the parental leave is contiguous to the disability leave.
Last updated August 4, 2021 at 10:50 AM

Structure Ohio Revised Code

Ohio Revised Code

Title 1 | State Government

Chapter 124 | Department of Administrative Services - Personnel

Section 124.01 | Department of Administrative Services - Personnel Definitions.

Section 124.011 | City School Districts - Civil Service Commissions.

Section 124.02 | Director of Administrative Services and State Personnel Board of Review to Serve as State Civil Service Commission.

Section 124.03 | State Personnel Board of Review - Powers and Duties.

Section 124.04 | Director of Administrative Services Powers, Duties, Functions.

Section 124.05 | State Personnel Board of Review Organization.

Section 124.06 | Civil Service Appointments and Removals to Be Made in Accordance With Chapter.

Section 124.07 | Director of Administrative Services Employees, Services and Facilities.

Section 124.08 | Director of Administrative Services Offices.

Section 124.09 | Civil Service Powers of Director of Administrative Services.

Section 124.10 | Garnishment Actions Against State Employees and Officers.

Section 124.11 | Unclassified Service - Classified Service.

Section 124.12 | Notice of Appointment to Unclassified Position.

Section 124.13 | Vacation Leave.

Section 124.131 | Vacation Leave for Employees of Institution of Higher Education Transferred to State Control.

Section 124.132 | Disaster Service Leave.

Section 124.133 | Experimental Leave and Benefits Program.

Section 124.134 | Vacation Leave - Employees Exempt From Collective Bargaining.

Section 124.135 | Jury or Trial Participation Leave - Charitable Advisory Panel Leave.

Section 124.136 | Parental Leave and Benefits.

Section 124.137 | Parental Leave Benefit Fund.

Section 124.138 | Paid Leave and Benefits for Eligible Full-Time Fire Fighters Employed by Adjutant General.

Section 124.139 | Organ Donor Leave.

Section 124.1310 | EMT-Basic, EMT-I, First Responder, Paramedic, or Volunteer Firefighter Leave.

Section 124.1311 | Veteran Funeral Honors Detail Leave.

Section 124.1312 | Caregiver Leave.

Section 124.14 | Job Classification - Pay Ranges.

Section 124.141 | Appointment Incentive Program.

Section 124.142 | Compensation of Chaplains.

Section 124.15 | Pay Ranges and Step Values.

Section 124.151 | Direct Deposit of Compensation.

Section 124.152 | Exempt Employee Salary Schedules.

Section 124.17 | Employee Awards System.

Section 124.18 | Standard Work Week - Compensatory Time - Overtime Pay - Holidays.

Section 124.181 | Pay Supplements - Shift Differentials.

Section 124.182 | Professional Development Fund.

Section 124.183 | One-Time Pay Supplements.

Section 124.19 | State Holidays - University Holidays.

Section 124.20 | Classification Rules - Record Keeping.

Section 124.21 | Civil Service Districts.

Section 124.22 | Educational and Citizenship Requirements for Civil Service Examinations.

Section 124.23 | Examinations.

Section 124.231 | Special Examinations for Legally Blind or Legally Deaf Persons.

Section 124.24 | Examinations for Employees Engaged in Mineral Resource Safety.

Section 124.241 | Professional Employees and Registered Service Employees of County Board of Developmental Disabilities.

Section 124.25 | Formal Application for Examination.

Section 124.26 | Eligibility Lists; Veteran's Preference; Expiration of List.

Section 124.27 | Appointments From Eligible Lists - Probation.

Section 124.271 | Provisional Employees.

Section 124.29 | Authority for Temporary Furloughs.

Section 124.30 | Filling Classified Positions in Civil Service Without Competition.

Section 124.301 | Waive Residency for Job and Family Services Employee.

Section 124.31 | Promotions.

Section 124.32 | Transfers - Reinstatements.

Section 124.321 | Reduction in Work Force - Layoffs - Job Abolishment.

Section 124.322 | Layoff Procedures.

Section 124.323 | Layoff Order.

Section 124.324 | Layoff Displacement Rights.

Section 124.325 | Retention Points for Continuous Service and Efficiency.

Section 124.326 | Layoff Jurisdictions.

Section 124.327 | Layoff Lists - Reinstatement - Reemployment.

Section 124.328 | Layoff, Displacement Appeals.

Section 124.33 | Transfers - Appeal - Reimbursement of Expenses.

Section 124.34 | Reduction in Pay or Position - Suspension - Removal.

Section 124.341 | Violation or Misuse - Whistleblower Protection.

Section 124.35 | Refusal to Testify Constitutes Unfitness.

Section 124.36 | Cause for Removal - Teacher Terminations.

Section 124.37 | Police and Fire Departments Reduction in Work Force - Layoffs - Job Abolishment.

Section 124.38 | Sick Leave.

Section 124.381 | Occupational Injury Leave Program.

Section 124.382 | Sick Leave Credit - Misuse of Sick Leave.

Section 124.383 | Options With Respect to Sick Leave Credit Remaining at End of Year.

Section 124.384 | Accumulated Sick Leave.

Section 124.385 | Disability Leave Benefits.

Section 124.386 | Personal Leave.

Section 124.387 | Bereavement Leave.

Section 124.388 | Administrative Leave.

Section 124.389 | Employee Exchange Program.

Section 124.39 | Unused Sick Leave.

Section 124.391 | Donation of Paid Leave Program.

Section 124.392 | Exempt Employees Cost Savings Program.

Section 124.393 | Mandatory Cost Savings Program Applicable to Exempt Employees.

Section 124.394 | Modified Work Week Schedule Program.

Section 124.40 | Civil Service Commissions in Municipalities and Townships.

Section 124.41 | Police Department Qualifications - Police Cadet Program.

Section 124.411 | Police Department Appointment From Annexed Territory.

Section 124.42 | Firefighter Qualifications.

Section 124.43 | Separate Examinations and Eligibility Lists for Police and Firemen.

Section 124.44 | Police Department Promotions.

Section 124.45 | Fire Department Promotions.

Section 124.46 | Fire Department Eligibility Lists.

Section 124.47 | Fire Department Special Positions.

Section 124.48 | Fire Department Vacancies.

Section 124.49 | Fire Department Probationary Period.

Section 124.491 | Authorized Educational Achievement of Police Officer or Firefighter.

Section 124.50 | Reinstatement After Separation Due to Injury or Physical Disability Incurred in the Performance of Duty.

Section 124.51 | Secretary of Police - Secretary of Fire.

Section 124.52 | Police Department Traffic Control Unit Head Exempt From Civil Service.

Section 124.53 | Superintendent of Buildings - Superintendent of Fire Equipment Exempt From Civil Service.

Section 124.54 | Boards of Education to Share Cost of Civil Service Administration.

Section 124.56 | Investigation of Violations.

Section 124.57 | Prohibition Against Partisan Political Activity.

Section 124.58 | Fraud or False Representation in Examinations.

Section 124.59 | Payment for Appointment or Promotion.

Section 124.60 | Abuse of Power for Political Reasons.

Section 124.61 | Abuse of Political Authority or Influence.

Section 124.62 | Violations of Civil Service Rules or Statutes.

Section 124.63 | Taxpayer's Suit.

Section 124.64 | Prosecutions for Violations of Civil Service Rules or Statutes.

Section 124.70 | No Residency Requirement for Higher Education Employees.

Section 124.71 | Unauthorized Operation of Motor Vehicles.

Section 124.74 | Criminal Records Check for Employees With Access to Federal Tax Information.

Section 124.81 | Insurance Benefits.

Section 124.82 | Health Insurance Benefits.

Section 124.821 | Health Care Spending Account Fund.

Section 124.822 | Dependent Care Spending Account Fund.

Section 124.823 | Medical Savings Account Pilot Program.

Section 124.824 | Elections by Death Benefit Fund Recipient.

Section 124.825 | Coverage for Tobacco Cessation.

Section 124.83 | Disability and Income Protection - State Employee Disability Leave Benefit Fund.

Section 124.84 | Long-Term Care Insurance - State Employees.

Section 124.841 | Long-Term Care Insurance - Political Subdivision Employees.

Section 124.86 | Employee Educational Development Fund.

Section 124.87 | State Employee Health Benefit Fund.

Section 124.88 | State Employee Assistance Program.

Section 124.90 | Waiver of Federal Law Concerning Discrimination in Employment.

Section 124.91 | Annual Survey on Diversity Within Agency Workforce.

Section 124.93 | Discrimination by Health Insuring Corporation Against Physician.

Section 124.99 | Penalty.