The Family and Medical Leave Act (FMLA) allows most employees to take up to 12 weeks of unpaid leave within a 12-month period. While the law sounds fairly straightforward, there are also many nuances that make it much more complex. If you want to take FMLA leave, you likely have many questions. The answers to the most frequently asked questions about FMLA are found below.
FMLA is a federal law that provides unpaid time off for certain workers throughout the country. The leave is intended to help employees recover from a serious medical condition or to provide care and support for family members with a serious medical condition.
Not every employee is eligible to take FMLA leave. To qualify for this unpaid leave, workers must:
- Work in the United States
- Have worked for their employer for the last 12 months, although those months do not have to be consecutive
- Have worked 1,250 hours in the 12 months before the leave starts
- Work at a worksite that employs a minimum of 50 workers within a 75-mile radius
Employees that are eligible to take FMLA leave have many protections under the law. These include the right to:
- Take leave without interference from their employer
- Continued health coverage under a group health plan they participated in prior to taking leave
- Return to their same job or similar position upon returning to work after taking leave
- Not be terminated, discriminated against, or face termination because they exercised their rights under FMLA
Employees can take FMLA leave for a number of qualifying reasons. These are as follows:
- To give birth to a child or care for a newborn child
- To adopt a child or care for a foster child
- To care for a child, spouse, or parent suffering from a serious medical condition
- To care for their own serious medical condition
- To take leave for certain activities related to a family member’s military service or short-term leave
While some states do have their own family and medical laws that provide additional protections, Ohio is not one of them. The Ohio Statutes refer only to the Family and Medical Leave Act, with the state not having its own law.
Whether you need a Columbus Family and Medical Leave Act attorney will depend on the facts of your case. If you are eligible to take leave and your employer does not interfere with your leave or retaliate against you for requesting or taking leave, you probably do not need the help of an attorney.
However, if your employer has acted illegally and fired you or otherwise retaliated against you, our skilled attorneys at Marshall Forman & Schlein, LLC, are here to assist with your case. When your employer has not upheld your rights, call us or contact us online so we can review your case and help you claim the damages you deserve.