Many employees in Columbus, and throughout Ohio, are protected by the Family and Medical Leave Act (FMLA). This Act, which is federal law, allows certain employees to take several weeks of unpaid leave to care for themselves or their family members suffering from a serious medical condition. Unfortunately, employers often deny employees their rightful leave, violate their rights when they return to work, or infringe on employees’ time off. If you have legal questions, or you believe your employer did not uphold your rights, our FMLA attorneys in Columbus can help with your case.
Employees must meet certain requirements before they are considered eligible for FMLA leave. Employees must have worked for their employer for at least 12 months, and they must have worked for 1,250 hours in that year. Sometimes though, even when an employee is eligible for this leave, employers do not grant it.
An employer may use the fact that they were not given enough notice of the leave to refuse it. If the leave was foreseeable, employees should notify the employer 30 days before the leave will start. If the medical condition is unexpected, employees are only required to give their employer as much notice as is considered practical. When discussing leave with the employee, employers are not allowed to say they will consider the leave when promoting employees or providing other employment benefits.
Employees often think that once they have been granted leave, any issues with their employer will come to an end. Unfortunately, that is often not the case. Employers sometimes ask employees to end their leave early, to work from home during their leave, or they cut off the employee’s benefits, such as health insurance. All of these are violations of the FMLA and are against the law.
Employers are allowed to contact employees on FMLA leave to check on them and the progress with their medical condition. However, employers can never ask employees to return to work early, or ask them to work while they are on leave.
Employers are prohibited from retaliating against employees that took rightful leave, such as firing them or demoting them upon their return to work. Employees are responsible for providing at least two days of notice that they will return to work. At that time, employers must ensure the employee’s job is available, that they will receive the same wage, and that they will not face any repercussions for taking leave.
If you have requested FMLA leave and have been denied, or your employer has otherwise violated your rights, our FMLA attorneys in Columbus are here to help with your case. At Marshall Forman & Schlein LLC, our skilled attorneys are dedicated to helping employees exercise their rights, and we will ensure your job is protected. Call us today or contact us online to schedule a consultation and to learn more about how we can help.
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