Columbus FMLA Attorneys

Last updated on March 31, 2026

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.

What Is the Family and Medical Leave Act?

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.

Which Employees Are Eligible to Take FMLA Leave?

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
• Work for local, state and federal employers, including agencies
• Work for schools

What Protections Does FMLA Provide?

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

Guaranteed Leave

Under the FMLA, eligible employees are entitled to certain amounts of leave, including 12 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
• 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.

What Are the Qualifying Reasons for Taking Leave?

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

Does Ohio Have Separate Family and Medical Leave Laws?

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.

Prohibited Acts

Employers are prohibited from interfering with or denying 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 an FMLA right
• 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 an FMLA-related charge
• Given information in connection with an FMLA-related inquiry
• 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
• Reimbursed for medical expenses which would have been covered by insurance

Should You Call an Ohio Family and Medical Leave Act Attorney?

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.

Contact Marshall Forman & Schlein 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 our team at 614-762-9727 to speak to an attorney.