Columbus FMLA Attorneys

The Family and Medical Leave Act (FMLA) entitles certain employees to unpaid leave for specific family and medical-related reasons. Protected employees are also guaranteed continuation of health insurance coverage as well as a return to the same or an equivalent job when they return from leave. While many employers are careful to comply with the FMLA, others are not so scrupulous, as a result of which, many employees are barred from taking advantage of these statutory rights.  This can put a significant amount of financial and emotional strain on the employee and his or her family. Fortunately, employers who violate the FMLA can be held accountable for their actions.

If you live in Ohio and have questions or concerns about your own access to FMLA benefits, you should speak to an experienced employment law attorney who is well-versed in federal law.

Covered Employees

Only certain employees are covered by the FMLA, including those who work for:

  • Local, state, and federal employers, including agencies;
  • Schools; and
  • Private-sector employers who employ more than 50 people within a 75 mile radius..

The latter includes joint employers as well as the successors of covered employers.

Guaranteed Leave

Under the FMLA, eligible employees are entitled to certain amounts of leave, including twelve workweeks in a one year period for any of the following reasons:

  • The birth of a child;
  • The care for a newborn child within one year of birth;
  • The adoption of a child or placement with the employee of a foster care child;
  • To care for an adopted child or foster care child within one year of placement;
  • To care for the employee’s spouse, child, or parent who has a serious health condition;
  • A serious health condition that makes the employee unable to complete the essential functions of his or her job; or
  • Certain situations where an employee’s spouse, child, or parent is a covered military member on active duty.

Covered employees are also guaranteed up to 26 workweeks of leave during a one year period to care for a spouse, parent, child, or next of kin if that individual is an injured or ill service member. This is also referred to as military caregiver leave.

Prohibited Acts

Employers are prohibited from interfering or denying an employee rights provided by the FMLA. According to the FMLA, the following actions are also barred:

  • Failure to provide an employee leave, including intermittent leave.
  • Failing to reinstate an employee to their position following leave.
  • Discriminating or retaliating against an employee for his or her exercise of or an attempt to exercise a FMLA right; and
  • Discharging or otherwise discriminating against any person, whether or not an employee, for opposing any unlawful practice under the FMLA.

Finally, all people are prohibited from discharging or discriminating against someone who has taken any of the following actions:

  • Filed a FMLA-related charge;
  • Given information in connection with a FMLA-related inquiry; or
  • Testified in a proceeding related to a right under the FMLA.

If a covered worker’s employer violates one of these rules, the employee could be compensated by being:

  • Reinstated to his or her position;
  • Paid back wages; and
  • Reimbursed for medical expenses, which would have been covered by insurance.

Contact Marshall & Forman, LLC Today to Speak With an Experienced Employment Law Attorney

Employees covered by the FMLA are guaranteed a certain amount of leave, so if you live near Columbus and were recently denied FMLA benefits, please contact the law firm of Marshall & Forman, LLC to speak to an attorney.