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Testimonials That Speak Volumes
At Robert A. Klingler Co., your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Thorough, honest and compassionate."Throughout the entire trial, their leadership, guidance, support, and positive perspective, helped me continue a well won battle.- P.K., Cincinnati, Ohio
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"A positive experience from beginning to end."The amount of research and time put into my case proved to be the reason we came out successful. I not only gained a lawyer but also a friend and contact forever.- C.D., Atlanta, Georgia
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"Extraordinary service."Litigation should be the last resort when trying to resolve differences, but when it became necessary using this firm provided peace of mind during the entire process.- L.D., Cincinnati, Ohio
How Do I Know if I Qualify for Unpaid Leave Under the Fmla?
Not every employer is covered under the FMLA. Your company is only covered if it employs fifty or more employees, if you work for a public agency, or if you work for a private elementary or secondary school. The fifty or more employees must all work within seventy-five miles of your worksite. In addition, you must have worked for your employer for at least one year, and for at least 1,250 hours during that year.
If you qualify, you can take 12 weeks of unpaid, job-secured leave during any 12-month period for a serious health condition you or a family member might have. The law requires that you continue to receive your health benefits while on leave.
The arrival of a baby is not the only circumstance that may permit you to take unpaid leave. If you adopt a child or become a foster parent to a child, you may be entitled to time off. In addition, the FMLA provides time off of work for illness. If you or an immediate family member is suffering from a serious health condition, you may be entitled to unpaid leave in order to care for yourself or your loved one.
Can My Employer Terminate Me While I Am on FMLA Leave?
In most cases, an employee who requests leave under the FMLA is protected from termination or demotion. The FMLA mandates that an employer must hold the employee’s job for the duration of the leave, as well as maintain the employee’s benefits for the entire 12-week period, provided the employee is on leave for a covered event.
What if I Don’t Need the Entire 12 Weeks?
Although the FMLA provides for up to 12 full weeks of unpaid leave, you do not have to take this full amount of time, and you do not have to take it all at once. If you have a health condition that requires you to be off periodically, for shorter periods of time, you may be able to take “intermittent” leave by splitting up the 12 weeks into smaller chunks of time. If you are going to do this, it is important that you inform your employer as soon as you know when you need to be off work. To the extent possible, you should schedule your time off so that you do not inconvenience your employer.
Cincinnati FMLA Lawyers Here to Protect Your Rights
If you are going to take unpaid leave under the FMLA, there are some things to keep in mind to reduce the possibility of any problems with your employer. You should review your employer’s FMLA policy and follow all of the guidelines for applying for FMLA leave. Consult with your manager or Human Resources department to be sure you are following the required procedures.
Read more about applying for FMLA leave here.
Also, it is important not to forget that your actions on social media are visible to the public. (Read our blog post about how social media posts can hurt you.) If your employer has reason to believe that you have been dishonest in asking for FMLA leave, it may have grounds to terminate you. Such action has been found in the past to be legal. Do not lie about your condition in order to take leave. We cannot do anything in these instances to help you. However, even honest employees may find themselves being accused of dishonesty. Facebook posts, tweets, and other social media communications can be misconstrued and used against you if you are not careful.
It can be difficult to know if you have been treated unfairly due to your need for time away from work. Generally speaking, you must be given either the same job when you return or an equivalent one. However, don’t be surprised if your employer changes your position to better accommodate your need for intermittent breaks from work. If you feel you have been given an unfair change of jobs due to your leave, contact a Cincinnati FMLA lawyer. At The Law Offices of Robert A. Klingler Co., L.P.A., we have been serving the residents of Ohio and Kentucky in FMLA disputes. If you believe you have been treated unjustly, call us.