Certain employers throughout the state of Ohio, as well as all other states throughout the country, are required to follow the provisions of the Family and Medical Leave Act, or FMLA. Under the Act (and depending on the reasons), certain eligible employees will be permitted to take unpaid leave, and once that period of leave has been exhausted, they will have the right to return to their positions in the workplace. The Act has been expanded to include coverage for certain airline flight crew employees and family members of individuals who are in the military.
Ohio employers will be subject to the requirements of FMLA if they are employers in the private sector that have at least 50 employees in 20 or more work weeks during the prior or current calendar year. The Act is also applicable to public agencies, to include Federal, state and local government agencies, no matter how many employees they have. Similarly, both private and public elementary and secondary schools are subject to the Act, regardless of the number of employees. If you have questions or concerns regarding the applicability of FMLA to your employer, you are encouraged to contact one of the knowledgeable Cincinnati employment lawyers at Robert A. Klingler Co., L.P.A. today for more information.
Employees who work for covered employers will be eligible for leave under FMLA only if they meet certain criteria. Generally speaking, an eligible employee is one who currently works for a covered employer for a period of at least 12 months, has worked for that employer for at least 1,250 hours during the 12 months immediately preceding the leave and has worked at a worksite where the employer employs a minimum of 50 employees within a 75-mile radius of the employer.
How FMLA Works
Many employees are often confused or unsure about how FMLA works in general and how it might work in their particular situations. That said, employees who believe they need the protections provided under FMLA should speak with Robert Klingler, FMLA lawyer Cincinnati, and his team to learn more about their entitlements under the law.
Typically, eligible employees will be permitted to take up to 12 weeks of leave within a 12-month period for the birth of a child (or for those who are receiving children via adoption or foster care); to take care of an immediate family member, such as a spouse, parent and/or son or daughter who suffers from a serious health condition; if the employee him or herself experiences a serious health condition that makes him or her unable to perform essential job functions or for any “qualifying exigency” stemming from the fact that a parent, spouse, son or daughter is a member of the military who is either on covered active duty or called to covered active duty status. In the case of covered service members, eligible employees may be entitled to take additional weeks of leave within a single 12-month period, which is different from the 12-month period that is permitted for other FMLA-related reasons.
Some individuals might also be entitled to use FMLA on an intermittent basis, which means that the employee can use the leave either in blocks of time or by lowering the time he or she works on a daily basis for a single qualifying reason. Employees should also be aware that in certain cases, an employer might require (or an employee can choose) to substitute his or her paid leave that has accrued in order to cover some or all of the leave sought under FMLA.
If you have attempted to take FMLA leave and have been denied that leave in violation of the law, you might have cause for legal action. Contact the Cincinnati employment lawyers at Robert A. Klingler Co., L.P.A. for more information.