FMLA Attorneys Newark, OH
Employees cannot work when they become seriously ill. Sometimes, an employee needs only a day or two off to recover from an illness, but in other cases, they need several weeks, or even months. For some employees in this situation, the Family and Medical Leave Act (FMLA) provides many rights. Under the FMLA, certain workers can take up to 12 weeks of unpaid leave to recover from an illness. Employees can also take this leave when they are caring for a family member who suffers from a serious medical condition. Employers in Newark covered by the FMLA must follow the law. When employers deny employees their FMLA rights, employees should speak to an FMLA attorney in Newark to help evaluate a potential case.
Provisions Under FMLA
Under the FMLA, eligible employees are allowed to take 12 weeks of unpaid leave, which can be taken consecutively or intermittently. In some cases, FMLA may also allow an employee to work on a reduced schedule. There are several reasons for which an employee can take FMLA leave, and they are as follows:
- Maternity or paternity leave after the birth of a child, or the adoption of a child,
- Pregnancy leave,
- Medical leave to treat and recover from a serious medical condition,
- Medical leave to care for a close relative with a serious medical condition.
Although the FMLA allows employees to take leave to care for a relative, this, usually applies only to those in the employee’s immediate family or parents. Workers can take FMLA leave to care for a spouse, child, or parent with a serious medical condition.
How Do Employees Qualify for FMLA Leave?
Unfortunately, not all workers qualify for FMLA leave. Employees are only eligible when they meet certain requirements, which include:
- Employees must have worked for the same employer for at least 12 months,
- During the 12 months worked prior to taking leave, employees must have worked at least 1,250 hours, and,
- The employer must employ a minimum of 50 workers within a 75-mile radius of the worksite
Sadly, even when employees meet these qualifications, employers may still commit several types of FMLA violations.
Common FMLA Violations
Many people think that the only FMLA violation employers commit is denying employees their rightful leave. While this is perhaps the most common violation of the Act, there are others, as well.
When employees take unpaid leave, they have the right to focus on their treatment and recovery. Employers may check in to see how employees are doing, but they cannot ask the employee to return to work early, assign them work during the leave, or deny the worker benefits such as health insurance.
Employers sometimes retaliate against employees when they return to work after taking FMLA leave, which is another common violation. Employees must be able to return to their previous position or one that is similar, subject to a few exceptions. Employers do not have the right to fire, demote, or otherwise retaliate against employees who take FMLA leave.
Our Ohio FMLA Attorneys Will Uphold Your Rights
If you have been denied FMLA leave, or you have faced retaliation upon returning to work, our FMLA attorneys in Newark, OH are here to help. At Marshall Forman & Schlein, LLC, we will inform you of your rights and obligations under the Act and help to hold your employer accountable when a violation occurs. Call us today or contact us online to schedule a consultation with one of our seasoned attorneys.