The Ohio Military Family Leave Act

September 1, 2010

With little publicity, Ohio's Military Family Leave Act ("OMFLA") took effect on July 2, 2010. The OMFLA requires all employers, public and private, with 50 or more employees, to provide unpaid military family leave to their eligible employees. Unfortunately, it is not a mirror-image of the FMLA's "covered servicemember" and "qualifying exigency" family military leave provisions. There are differences.

The OMFLA, codified at Ohio Revised Code Chapter 5906, contains the following provisions:

There are subtle and not-so-subtle differences between the OMFLA and the FMLA.  An employee may be ineligible under the FMLA but eligible under the OMFLA. Accordingly, Ohio employers should become familiar with differences under these Acts and separately analyze an employee's eligibility for family military leave under the OMFLA and the FMLA.

For additional information, please contact Jeffrey Shoskin, Raymond Neusch, or any other attorney in Frost Brown Todd's Labor and Employment Practice Group.