Can you fire someone for calling in sick in Ohio?

Generally yes — Ohio is at-will. The exceptions: FMLA- or ADA-protected absences, and Ohio's workers' comp retaliation statute (ORC 4123.90) — firing over absences caused by a workplace injury is the most common way Ohio attendance terminations turn into lawsuits.

Does an Ohio employer have to pay out unused vacation at termination?

No statute requires it, but Ohio courts treat accrued vacation as earned compensation unless the written policy clearly provides for forfeiture. A silent or vague handbook usually means the balance is owed; an explicit forfeiture clause usually holds.

When is the final paycheck due in Ohio?

By the next scheduled payday or within 15 days of separation, whichever comes first — the same rule whether the employee was fired or quit (ORC 4113.15).

What counts as a no-call no-show in Ohio?

Your written policy defines it — Ohio law doesn't. Most employers use a set notification window and treat a run of consecutive no-shows (commonly three) as job abandonment. Write it down, distribute it, and enforce it identically for everyone.

Can an Ohio employer count a work-injury absence against attendance points?

It's the highest-risk move in Ohio attendance management. ORC 4123.90 bars retaliation for workers' comp claims, and no-fault points systems that ding comp-related absences — then terminate on points — are a recurring fact pattern in retaliation cases. Exclude comp absences from points before they post.

Ohio sick leave law & call-off rules

Q: Is paid sick leave required in Ohio?

No. Ohio has no state sick leave mandate for private employers, and a 2016 preemption law (ORC 4113.85) blocks cities from creating their own. Sick leave in Ohio is what your written policy says, plus federal FMLA and ADA obligations.

Ohio requires no sick leave and no breaks for adult workers, and a 2016 preemption law keeps cities from adding their own mandates. The rules Ohio employers actually trip over: a final paycheck due within 15 days, accrued vacation that courts treat as earned unless your policy clearly says otherwise, and ORC 4123.90 — the workers' comp retaliation statute that turns careless attendance points into lawsuits. Here is what applies in 2026.

Ohio at a glance

Paid sick leave mandate	None — and ORC 4113.85 preempts local ordinances
Employment relationship	At-will, with the Greeley public-policy exception and ORC 4123.90 comp-retaliation bar
PTO payout at termination	No statute — but absent clear forfeiture language, Ohio courts treat accrued vacation as earned and payable
Final paycheck deadline	Next scheduled payday or within 15 days, whichever comes first
Meal & rest breaks	None for adults; minors get 30 minutes at 5+ consecutive hours
Voting leave	Reasonable time to vote — protected, unpaid for hourly workers
FMLA (federal)	Applies at 50+ employees within 75 miles — 12 weeks unpaid, job-protected

Is paid sick leave required in Ohio?

No. Ohio has no state law requiring private employers to provide sick leave, paid or unpaid, and SB 331 (ORC 4113.85) bars municipalities from mandating sick leave or other fringe benefits. Your written policy — plus federal FMLA and ADA obligations — is the whole rulebook.

The federal floor that still applies

FMLA

Employers with 50+ employees within 75 miles must give eligible employees (12+ months tenure, 1,250+ hours in the past year) up to 12 weeks of unpaid, job-protected leave for a serious health condition — their own or a close family member's. FMLA-protected absences can't accrue attendance points, and a call-off that mentions an ongoing condition can be notice enough to trigger your FMLA obligations, even if the employee never says "FMLA."

ADA

For employers with 15+ employees, the ADA can require modified attendance expectations or unpaid leave as a reasonable accommodation for a disability. An attendance policy applied "no exceptions" is exactly the kind that loses ADA cases — build an accommodation carve-out into the policy itself.

Call-offs, no-call no-shows, and firing in Ohio

Ohio is at-will, and a no-call no-show can be disciplined or terminated like anywhere else. The classic Ohio trap is the no-fault points system meeting ORC 4123.90: assessing points for absences caused by a workplace injury, then terminating when the points add up, is a well-worn path to a workers' comp retaliation claim. The fix is classification at the moment of the call-off — comp-related absences get carved out before points post. When a termination is contested (unemployment through Ohio Job and Family Services, or a wage complaint at the Ohio Department of Commerce), the questions are the same as everywhere: what does the written policy say, was it applied evenly, and can you produce the absence history? A call-off hotline or text-based call-off system gives you that history without anyone maintaining a spreadsheet.

PTO payout and final paychecks

Scenario	Rule	Source
Employee is fired or laid off	Final pay due by the next scheduled payday or within 15 days, whichever is first	ORC 4113.15
Employee quits	Same rule — next payday or 15 days, whichever is first	ORC 4113.15
Unused vacation / PTO	The written policy governs — but if it doesn't clearly forfeit accrued vacation, Ohio courts treat it as earned compensation owed at separation	Ohio case law
Policy silent on payout	Risky — silence tends to be read in the employee's favor; write the forfeiture rule explicitly	—

Ohio rewards precise policy drafting: an explicit, written forfeiture clause is enforceable, a vague one isn't. See how PTO accrual works.

Leave Ohio employers must (and must not) provide

Leave type	Required?	Notes
Voting	Yes — protected	A reasonable time off to vote; firing or threatening over it is prohibited (ORC 3599.06); unpaid for hourly staff
Jury duty	Yes — unpaid	No firing, and you can't force employees to use vacation or sick time for it (ORC 2313.19)
Military	Yes	USERRA (federal) plus Ohio National Guard protections
Sick leave	No	Whatever your written policy provides
Vacation / PTO	No	Policy-driven; see payout rules above

The Ohio employer's attendance playbook

Put it in writing. A written policy — call-off deadline and channel, points or steps, the no-call no-show rule, and carve-outs for legally protected absences — is what makes discipline defensible. Our attendance policy guide walks through it.
Give call-offs one channel. "Tell whoever answers" is how records get lost. One number every employee texts or calls makes the record automatic.
Log everything with timestamps. Unemployment hearings and discrimination charges are won on contemporaneous records, not recollections.
Enforce consistently. Uneven enforcement converts a lawful termination into a discrimination claim.
Screen call-offs for protected reasons before applying points — sickness that could be FMLA/ADA territory gets a different track than an overslept alarm.

Note: This is general information for Ohio private-sector employers as of 2026, not legal advice. Federal contractors and public employers have additional rules, and laws change. Confirm specifics with qualified counsel.

Comparing states? See all published guides on the state sick leave laws hub.

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