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The Fair Labor Standards Act does not require payment for time not worked. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Ohio law doesn’t require private employers to pay employees for jury duty. Employers may not, however, require or request an employee to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or for time spent actually serving on a jury.
Ohio law requires state employees to be paid for jury duty.
Ohio law allows an employee to take a reasonable time to vote. Pay deductions are not mentioned.
Ohio law provides that employers of a victim cannot discharge, discipline, or otherwise retaliate against the victim, a member of the victim's family, or a victim's representative for participating, at the prosecutor's request, in preparation for a criminal or delinquency proceeding or for attendance, pursuant to a subpoena, at a criminal or delinquency proceeding if the attendance is reasonably necessary to protect the interests of the victim. The law generally does not require an employer to pay an employee for time lost as a result of attendance at a criminal or delinquency proceeding. An employer who knowingly violates this section is in contempt of court.
Ohio law prohibits employers from terminating employees for absence or tardiness due to responding to an emergency prior to the scheduled reporting time. This law applies to employees who are:
An employer may charge any time that such an employee loses against the employee’s regular pay.
An employee who is a volunteer firefighter or volunteer provider of emergency medical services must do all of the following:
At the employer’s request, an employee who loses time to respond to an emergency must provide a written statement from the chief of the volunteer fire department or the medical director or chief administrator of the cooperating physician advisory board of the emergency medical service organization, as applicable, stating that the employee responded to an emergency and listing the time of that response.
Ohio allows employees to take leave for reasons similar to the FMLA’s qualifying exigency provisions, or leave to care for an injured servicemember, although state law is more restrictive. Once per calendar year, an employer shall allow an employee to take leave up to 10 days or 80 hours, whichever is less.
“Employer” means a person who employs 50 or more employees and includes the state or any agency or instrumentality of the state, and any municipal corporation, county, township, school district, or other political subdivision of the state.
For employees to be eligible for such leave, the following conditions must be satisfied:
An employer may require an employee requesting such leave to provide certification from the appropriate military authority to verify that the employee satisfies the criteria described in divisions (2), (3), and (4) above.
The employer must continue to provide benefits to the employee during such leave. The employee shall be responsible for the same proportion of the cost of the benefits as the employee regularly pays during periods when the employee is not on leave. The employer is not required to pay salary or wages to the employee during such leave.
“Benefits” means the employment benefits, other than salary or wages, that an employer regularly provides or makes available to employees, including, but not limited to, medical insurance, disability insurance, life insurance, pension plans, and retirement plans.
Upon the completion of the leave, the employer must restore the employee to the position held prior to taking that leave or a position with equivalent seniority, benefits, pay, and other terms and conditions of employment. An employer shall not interfere with, restrain, or deny the exercise or attempted exercise of these rights.
An employer must not deprive an employee who takes such leave of any benefit that accrued before the date that leave commences. Employers may provide leave benefits greater than those established under this chapter.
An employer must not discharge, fine, suspend, expel, discipline, or discriminate against an employee with respect to any term or condition of employment because of the employee's actual or potential exercise, or support for another employee's exercise, of these rights.
Contacts
Jury duty
Voting
Judicial proceeding
Regulations
Jury duty
Ohio Revised Code §2313.18
Ohio Revised Code §124.135
Voting
Ohio Revised Code §3599.06
Judicial proceeding
Ohio Revised Code – Title XXIX Crimes-Procedure, Chapter 2930 Victims' Rights- Prohibited actions by employer of victim (§2930.18)
Volunteer firefighter or emergency medical services provider
Ohio Revised Code §4113.41
Military Family Leave
Ohio Revised Code - Title 59 Veterans-Military Affairs — §§5906.01, 5906.02, and 5906.03
Contacts
None.
Statutes/Regulations
None.