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Is Your Sick Leave Policy Compliant?

Chelsea Bikner
Sick Leave Policy
Reading time 4 Mins
Published on Jul 29
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While Ohio is one of the majority of states that do not require private sector employers to provide employees with paid or unpaid sick leave, many employers opt to include sick leave as part of their employee benefits package. While the state does not mandate employers to offer sick leave, once an employer offers sick leave to employees, they are obligated to do so equally and fairly. If it’s been a while since you drafted your policy handbook, maybe it’s time you review your sick leave policy to ensure that your business is compliant.

Eligibility issues

When an employer decides to offer sick leave benefits, one of the first points to consider is how and when employees will begin to accrue their sick time allowance. Some employers allow employees to begin accruing sick leave time immediately upon hire; others require employees to wait 90 calendar days after employment begins to begin accruing the time.

No matter your accrual policy, it must be equally applied to all employees to ensure compliance. The sick leave policy in the company’s employee handbook must clearly state when employee’s can begin accruing sick time and when they can begin using that time. Read Critical Steps to Ensuring HR Compliance to learn more about how you can help your company avoid common HR issues.

Family matters

Employers who opt to offer sick leave benefits typically allow employees to use their time to care for themselves or a sick family member. However, with the makeup of “family” differing from household to household, employers must give careful consideration to who is covered under their sick leave policy.

Many companies that offer paid sick leave include children, spouses, parents, grandparents, and siblings under their policy. Others extend eligibility to anyone living in the employee’s household or even pets. As long as the policy is applied equally to every employee, Ohio employers are free to define their own list of who constitutes “family” under their sick leave policy.

How much time

One of the most important things for employer’s to consider when setting up their sick leave policy is how employees will accrue their sick leave time. Some employers elect to base the accrual on hours worked, while others allow for accrual based on a predefined number of hours per pay period despite the number of hours worked.

No matter how employees within a company accrue their sick time, once the policy is in place all employees must accrue them at the same rate. The policy should also explicitly detail any caps on the amount of time that can be accrued within a given year and whether employees can carry over time from year to year. Check out our Human Resources Compliance Checklist for more tips to keep your company compliant.

Solutions that save you time and money

You need to focus on what you know best – running your business. Ensuring that your policies and procedures are compliant with any employment laws that might affect your business can be a full-time job all by itself. Let Sheakley’s Professional Employer Organization (PEO) professionals ensure that your company remains compliant.

With in-depth knowledge of compliance issues, Sheakley’s PEO team can guide you through the complicated world of ACA, OSHA, FMLA, ADA and other federal, state, and local laws and regulations. Unlike a human resources advisor or consultant, the co-employment relationship between Sheakley and client companies gives Sheakley skin in the game when it comes to keeping you compliant.

Learn more about Sheakley’s PEO team and contact us for your free consultation today. Stay up-to-date on all things Sheakley by subscribing to our blog and following us on social media. Join in the discussion by commenting below.


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