Ohio: Bereavement Leave Requirements

verified against the statute 2026-07-15 1 statute source

The short answer

No. Ohio does not require an ordinary private-sector employer to provide paid or unpaid bereavement leave. Ohio's current statewide bereavement statute is limited to permanent employees paid directly by state warrant; private-employer benefits ordinarily depend on the employer's policy or agreement, subject to other laws that may independently protect a particular absence.

Ask Ezel about your situation

This is the general rule in Ohio. Ezel applies current Ohio law to your specific facts and answers with citations to the statutes.

Governing law and type of leaveNo general private-sector bereavement-leave mandate. Ohio Rev. Code § 124.387 creates a separate paid benefit only for specified permanent employees whose wages are paid directly by warrant of the Director of Budget and Management
Covered employers and employeesNo general state-mandated private-sector coverage. Employer policy or agreement defines eligibility. The three-day statutory rule applies to full- and part-time permanent employees paid directly by state warrant, not ordinary private employees
Qualifying deaths, relationships, and eventsNo statewide private-sector relationship or event list. Employer policy controls any voluntary funeral, bereavement, memorial, miscarriage, stillbirth, or reproductive-loss leave
Leave amount, timing, and capsNo private-sector state minimum, per-death allotment, annual cap, consecutive-use rule, or completion window; employer policy controls. The out-of-scope state-paid employees receive three days under § 124.387
Paid or unpaid; use of existing leaveNeither paid nor unpaid bereavement leave is generally required in private employment. A voluntary policy may provide pay or permit use of vacation, sick leave, personal leave, or PTO
Notice, documentation, and proofNo general private-sector bereavement-specific state notice, request-form, proof, or privacy rule; any voluntary policy supplies the procedures, subject to other law
Job protection, attendance, and confidentialityNo Ohio bereavement-specific restoration, attendance, anti-retaliation, or confidentiality rule for ordinary private employment; separate protected-leave, accommodation, and discrimination laws remain distinct
Enforcement, remedies, and deadlinesNo general private-sector bereavement-specific agency claim, civil remedy, penalty, or filing deadline. Policy, contract, collective bargaining, or separate statutory rights use their own remedies

Compare this rule across all 50 states + DC →

What an employee and employer do without a private-sector mandate

Ohio does not create a general block of funeral, memorial, bereavement, or
reproductive-loss leave for ordinary private-sector employees. The current
Revised Code provision titled “Bereavement leave” is § 124.387, and its own
coverage language limits the benefit to permanent employees whose wages are
paid directly by warrant of the Director of Budget and Management.

The practical starting point for a private employee is therefore the
employer's handbook, offer terms, collective bargaining agreement, or other
policy. That document may define who counts as family, which events and tasks
qualify, the number of days, whether the leave is paid, whether vacation, sick
leave, personal leave, or PTO may be used, the call-in deadline, the proof
requested, and how the absence affects an attendance policy.

The public-employee rule is not a statewide minimum

Section 124.387 grants its covered state-paid employees three paid days after
an immediate family member's death. It also reaches a covered employee who is
the parent of a miscarried or stillborn child, with specified documentation,
and sets a timing window tied to the death or funeral.

Those details do not apply to an ordinary private business. Ohio also has
institution-specific administrative rules for public colleges, universities,
and civil-service employers. A rule granting three or five days to those
employees is not evidence that every Ohio employer owes the same amount.

What trips people up

Three days is not a private-sector statutory minimum. It is the amount in
the state-payroll provision, not a rule for all Ohio workplaces.

A public college's administrative rule is not general employment law. The
Ohio Administrative Code contains multiple bereavement policies tied to named
public institutions or employee groups.

Other laws may protect a particular absence for another reason. Federal
family and medical leave, disability or pregnancy accommodation,
discrimination law, and collective bargaining rights have their own coverage
tests and should not be described as Ohio bereavement leave.

Common questions

Must an Ohio private employer provide three bereavement days?

No. Ohio Rev. Code § 124.387's three-day rule applies only to the permanent
state-paid employees described in that section.

Must voluntary bereavement leave be paid?

No general private-sector statute requires paid or unpaid bereavement leave.
The employer's policy determines pay and whether other accrued leave may be
used.

Can a private employer require proof of a death?

Ohio has no general private-sector bereavement statute supplying a proof list
or filing deadline. Any voluntary policy should state its documentation terms,
subject to other applicable privacy, accommodation, and discrimination laws.

Statutes and sources

  • Ohio Rev. Code § 124.387. Three paid bereavement days, miscarriage and
    stillbirth treatment, documentation, and timing for the specifically covered
    state-paid permanent employees. Official current
    section
    (accessed
    July 15, 2026).

Source links

Every statute quoted above, linked, with the date we checked it.

This page is general legal information about state-law bereavement, funeral, memorial, and death-related leave, not legal advice about a particular absence, loss, family relationship, document request, attendance decision, or retaliation claim. Coverage can depend on employer size, employee tenure or hours, the relationship to the person who died, the type of loss or task, available accrued leave, notice, proof, and timing. Separate federal, state, and local laws govern family and medical leave, paid family leave, sick time, pregnancy and reproductive loss, disability, public employment, collective bargaining, wage replacement, and discrimination. Verified against the official statute or agency material on the date shown; confirm current law or consult the state labor agency or a licensed attorney before relying on it.

Get the answer for your situation

You just read how Ohio handles this in general. Ezel applies current Ohio law to your facts and answers your specific question, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.