Certain workers in the United States have been protected by the Family Medical Leave Act (FMLA) since 1993. Under the Act, employees have the right to take unpaid leave to recover from a serious medical condition or care for a family member with a serious medical condition. Unfortunately, it is not uncommon for employers to deny eligible employees this leave, and some even retaliate against workers who take or request the leave. These actions are illegal under the Act. If you have experienced problems at work after requesting or taking leave, our FMLA lawyers in Newark, OH are here to help.
The FMLA is a law that allows certain employees to take up to 12 weeks of unpaid leave from work if they have a serious medical condition they must care for, or if a family member requires care for a serious medical condition. Eligible employees can take this leave all at once, or they can take it intermittently.
Employers have many responsibilities when an employee requests FMLA leave. They must allow the employee to take the leave if they meet the eligibility requirements, and they cannot discriminate or retaliate against the employee. Employers must also ensure the employee’s same or equal position of employment is available when they return from FMLA leave.
Unfortunately, not all employees in Ohio are eligible for FMLA leave. To qualify for leave, employees must work for an employer that has more than 50 employees that perform their work within a 75-mile radius of each other. Employees must have also worked for the same employer for a minimum of 12 calendar months prior to taking leave, and worked at least 1,250 hours during that time.
Employees who need to take FMLA leave must also have a serious medical condition as outlined under the law, or their family member must suffer from a serious medical attention that requires the employee’s care. Family members that make a worker eligible include the employee’s spouse, children, or parent.
After an employee takes their rightful FMLA leave, employers cannot require that they come back to work before the leave expires. Employees are allowed to check in on the employee while they are taking their leave, but they cannot require that they work on any assignments or projects while they are on leave.
When an employee is ready to return to work, employers can ask for certification from a doctor stating the employee can return to work. However, employers can only ask for this certification if they have reasonable safety concerns regarding the ability of the employee to return to work. Employers can only ask for this certification once every 30 days.
FMLA provides many rights for employees in Ohio and throughout the country, but the law is extremely complex and has many facets. At Marshall Forman & Schlein LLC, our experienced Newark, OH FMLA lawyers can explain your rights under the law, and help you hold your employer accountable if they have violated those rights. Call us today or contact us online to schedule a consultation.
I got fantastic help from Maddie Rettig. I wish I could explain how great she was.
The staff at this firm are incredible. They want to know your story but, more than that, they want to know you. They get to know your heart and spirit so that they can serve you personally and effectively. My experience was refreshing and I felt cared for. Their work…
Would highly recommend Maddie Rettig! Very knowledgeable of all laws and regulations. She kept me informed every step of the way and was very transparent about what was going on. Very pleased customer and would refer anyone I know who needs legal counsel to Maddie!
John Marshall is a very skilled and competent attorney. I am very thankful for his professionalism, knowledge and guidance in dealing with a very difficult situation. John Marshall is someone I would highly recommend for any employment and civil rights needs.
I know, I put 5 stars on everything regarding Edward's evaluation and it seems unrealistic, but, believe me!- when you don't know whom to turn to, who can help you, and being pushed around from one attorney to another,- it is extremely satisfying to just get a moment of a…
Sam was my lawyer in a case where my employer harassed me and violated my FMLA rights. I recommend Sam because of course I won the case and got everything I wanted, but most importantly Sam will fight for you. He treated me with the highest level of respect. Sam…
Helen was excellent to work my case. She understood the circumstances and was very patient. She always kept me up to date on everything. I highly recommend her to anyone who has a similar case. Marshall Forman & Schlein LLC helped me get through a very tough situation. Very professional…
Sam is very experienced and worked tirelessly to ensure the best possible outcome on my behalf. He kept me updated every step of the way and is very kind. He gives you accurate information without sugarcoating anything. He is the best! Thanks sam
The amazing work and commitment that is this law firm.
John really did a great job listening to what my needs were and offered a variety of solutions. I have no doubt he will do that for you too.
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.