Ohio Rev. Code » Chapter 124
Ohio Revised Code

Ohio Rev. Code § 124.39 (2026)

Unused sick leave

✓ current as of May 2026
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Effective:
October 25, 1995
Latest Legislation:
Senate Bill 99 - 121st General Assembly
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As used in this section, "retirement" means disability or service retirement under any state or municipal retirement system in this state.

(A)(1) Except as provided in division (A)(3) of this section, an employee of a state college or university may elect, at the time of retirement from active service and with ten or more years of service with the state or any of its political subdivisions, to be paid in cash for one-fourth of the value of the employee's accrued but unused sick leave credit. Such payment shall be based on the employee's rate of pay at the time of retirement. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the employee at that time. Such payment shall be made only once to any employee. The maximum payment which may be made under this division shall be for one-fourth of one hundred twenty days.

(2) A state college or university may adopt a policy allowing an employee to receive payment for more than one-fourth the value of the employee's unused sick leave or for more than the aggregate value of thirty days of the employee's unused sick leave, or allowing the number of years of service to be less than ten.

(3) Notwithstanding the provisions of division (A)(1) of this section, any employee who retired from the university of Cincinnati on or after September 25, 1978, and on or before November 15, 1981, may be paid in cash for up to one-half of the value of the employee's accrued but unused sick leave credit up to a maximum of sixty days if the employee otherwise meets the service and other requirements necessary to receive such payment and if any such payment has deducted from it any amount previously paid to the employee from the employee's accrued but unused sick leave credit at the time of the employee's retirement.

(B) Except as provided in division (C) of this section, an employee of a political subdivision covered by section 124.38 or 3319.141 of the Revised Code may elect, at the time of retirement from active service with the political subdivision, and with ten or more years of service with the state, any political subdivisions, or any combination thereof, to be paid in cash for one-fourth the value of the employee's accrued but unused sick leave credit. The payment shall be based on the employee's rate of pay at the time of retirement and eliminates all sick leave credit accrued but unused by the employee at the time payment is made. An employee may receive one or more payments under this division, but the aggregate value of accrued but unused sick leave credit that is paid shall not exceed, for all payments, the value of thirty days of accrued but unused sick leave.

(C) A political subdivision may adopt a policy allowing an employee to receive payment for more than one-fourth the value of the employee's unused sick leave or for more than the aggregate value of thirty days of the employee's unused sick leave, or allowing the number of years of service to be less than ten. The political subdivision may also adopt a policy permitting an employee to receive payment upon a termination of employment other than retirement or permitting more than one payment to any employee.

Notwithstanding section 325.17 or any other section of the Revised Code authorizing any appointing authority of a county office, department, commission, or board to set compensation, any modification of the right provided by division (B) of this section, and any policy adopted under division (C) of this section, shall only apply to a county office, department, commission, or board if it is adopted in one of the following ways:

(1) By resolution of the board of county commissioners for any office, department, commission, or board that receives at least one-half of its funding from the county general revenue fund;

(2) By order of any appointing authority of a county office, department, commission, or board that receives less than one-half of its funding from the county general revenue fund. Such office, department, commission, or board shall provide written notice to the board of county commissioners of such order.

(3) As part of a collective bargaining agreement.

A political subdivision may adopt policies similar to the provisions contained in sections 124.382 to 124.386 of the Revised Code.
Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1976–2025 · leading case: Johnson v. City of Franklin, 580 N.E.2d 1142 (Ohio Ct. App. 1989).
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Johnson v. City of Franklin, 580 N.E.2d 1142 (Ohio Ct. App. 1989). · cites it 7× “R.C. 124.39, at part (B), allows retiring employees of political subdivisions to receive compensation for one fourth the value of their accrued but unused sick leave.”
Lawless v. Lawrence Cty. Bd. of Edn., 2020 Ohio 117 (Ohio Ct. App. 2020). “Lawless directs us to R.C. 124.39(C), which states: (C) A political subdivision may adopt a policy allowing an employee to receive payment for more than one-fourth the value of the employee’s unused sick leave or for more than the aggregate value of thirty days of the employee’s…”
Fraternal Order of Police, Lodge 39 v. City of East Cleveland, 581 N.E.2d 1131 (Ohio Ct. App. 1989). · cites it 18× “Plaintiffs’ complaint alleged defendants wrongfully withheld payment of accrued sick leave benefits upon retirement of each of the police officers in violation of R.C. 124.39. Plaintiffs’ prayer sought relief in mandamus, payment of the accrued benefits and money damages under…”
State ex rel. Mun. Constr. Equip. Operators' Labor Council v. City of Cleveland, 114 Ohio St. 3d 183 (Ohio 2007). “2d 1131 (R.C. 124.39). Under Section 34, Article II of the Ohio Constitution, “[l]aws may be passed * * * providing for the comfort, health, safety and general welfare of all employees; and no other provision of the constitution shall impair or limit this power.”
Runyan v. Bd. of Educ. of the Covington Exempted Vill. Sch. Dist., 614 F. Supp. 625 (S.D. Ohio 1985). · cites it 14× “Plaintiff’s case, however, hinges upon his reading of the statutory ambiguity inherent in Ohio Rev.Code § 124.39 and its reference to the sick leave payment which a retiring employee “may elect.”
State Ex Rel. Myers v. Portage Cnty., 609 N.E.2d 1333 (Ohio Ct. App. 1992). · cites it 9× “Such compensation, after being so fixed, shall be paid to such assistants, clerks, and stenographers biweekly, from the general fund of the county treasury, upon the warrant of the ’ county auditor.”
State Ex Rel. Reuss v. City of Cincinnati, 657 N.E.2d 551 (Ohio Ct. App. 1995). · cites it 5× “2d 1131 , nine retired police department employees filed a mandamus action alleging that the city of East Cleveland, relying on a city ordinance, had wrongfully withheld payment of accrued sick leave benefits upon the employees’ retirement in violation of R.C. 124.39. R.C.…”
State Ex Rel. Metzker v. Frederick, 600 N.E.2d 254 (Ohio Ct. App. 1991). · cites it 5× “” The applicable statutes and ordinances in this case are the following: R.C. 124.39 provides: “As used in this section, ‘retirement’ means disability or service retirement under any state or municipal retirement system in this state.”
Davenport v. Montgomery Cnty., 109 Ohio St. 3d 135 (Ohio 2006). · cites it 14× “Analysis {¶ 8} Davenport argues that retirement under R.C. 124.39 does not require an employee’s separation from employment to coincide with the employee’s eligibility for retirement in order for the employee to convert unused sick leave into cash.”
DeCrane v. City of Westlake, 659 N.E.2d 885 (Ohio Ct. App. 1995). “Additionally, appellee argued that R.C. 124.39(B), which concerns payment for unused sick leave upon retirement, refers to service as that with the state, any political subdivision, or combination thereof.”
State ex rel. Ohio Ass'n of Pub. Sch. Employees v. Kettering City Bd. of Educ., 357 N.E.2d 384 (Ohio 1976). · cites it 2× “Effective June 29, 1974, by an Act of the General Assembly “to amend Section 124.39, and to enact Section 124.”
State, Ex Rel. Runyan v. Henry, 516 N.E.2d 1261 (Ohio Ct. App. 1986). “* * “(B) Except as provided in division (C) of this section, an employee of a political subdivision covered by section 124.”
Show all 17 citing cases →
Ohio Rev. Code § 124.39(B): 9 cases
Fraternal Order of Police, Lodge 39 v. City of East Cleveland, 581 N.E.2d 1131 (Ohio Ct. App. 1989). “Plaintiffs’ complaint alleged defendants wrongfully withheld payment of accrued sick leave benefits upon retirement of each of the police officers in violation of R.C. 124.39. Plaintiffs’ prayer sought relief in mandamus, payment of the accrued benefits and money damages under…”
DeCrane v. City of Westlake, 659 N.E.2d 885 (Ohio Ct. App. 1995). “Additionally, appellee argued that R.C. 124.39(B), which concerns payment for unused sick leave upon retirement, refers to service as that with the state, any political subdivision, or combination thereof.”
Davenport v. Montgomery Cnty., 109 Ohio St. 3d 135 (Ohio 2006). “Analysis {¶ 8} Davenport argues that retirement under R.C. 124.39 does not require an employee’s separation from employment to coincide with the employee’s eligibility for retirement in order for the employee to convert unused sick leave into cash.”
Runyan v. Bd. of Educ. of the Covington Exempted Vill. Sch. Dist., 614 F. Supp. 625 (S.D. Ohio 1985). “Plaintiff’s case, however, hinges upon his reading of the statutory ambiguity inherent in Ohio Rev.Code § 124.39 and its reference to the sick leave payment which a retiring employee “may elect.”
State Ex Rel. Myers v. Portage Cnty., 609 N.E.2d 1333 (Ohio Ct. App. 1992). “Such compensation, after being so fixed, shall be paid to such assistants, clerks, and stenographers biweekly, from the general fund of the county treasury, upon the warrant of the ’ county auditor.”
Ohio Rev. Code § 124.39(C): 7 cases
Lawless v. Lawrence Cty. Bd. of Edn., 2020 Ohio 117 (Ohio Ct. App. 2020). “Lawless directs us to R.C. 124.39(C), which states: (C) A political subdivision may adopt a policy allowing an employee to receive payment for more than one-fourth the value of the employee’s unused sick leave or for more than the aggregate value of thirty days of the employee’s…”
State Ex Rel. Myers v. Portage Cnty., 609 N.E.2d 1333 (Ohio Ct. App. 1992). “Such compensation, after being so fixed, shall be paid to such assistants, clerks, and stenographers biweekly, from the general fund of the county treasury, upon the warrant of the ’ county auditor.”
Fraternal Order of Police, Lodge 39 v. City of East Cleveland, 581 N.E.2d 1131 (Ohio Ct. App. 1989). “Plaintiffs’ complaint alleged defendants wrongfully withheld payment of accrued sick leave benefits upon retirement of each of the police officers in violation of R.C. 124.39. Plaintiffs’ prayer sought relief in mandamus, payment of the accrued benefits and money damages under…”
State Ex Rel. Metzker v. Frederick, 600 N.E.2d 254 (Ohio Ct. App. 1991). “” The applicable statutes and ordinances in this case are the following: R.C. 124.39 provides: “As used in this section, ‘retirement’ means disability or service retirement under any state or municipal retirement system in this state.”
State ex rel. Klinger v. Coates, 2025 Ohio 5401 (Ohio Ct. App. 2025).
Ohio Rev. Code § 124.39(C)(2): 2 cases
State Ex Rel. Myers v. Portage Cnty., 609 N.E.2d 1333 (Ohio Ct. App. 1992). “Such compensation, after being so fixed, shall be paid to such assistants, clerks, and stenographers biweekly, from the general fund of the county treasury, upon the warrant of the ’ county auditor.”
Halliday v. Mental Health & Recovery Bd. of Erie & Ottawa Ctys., 2018 Ohio 4053 (Ohio Ct. App. 2018).
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