Helping Ohio Families Protect Their Right To Work
The FMLA is a federal employment law that allows qualified employees to take up to 12 weeks of unpaid leave from their jobs in each 12 month period.
The Limitations Of FMLA
Unfortunately, the FMLA does not cover every employee and worker. To qualify, an employee must fulfill certain requirements. First, the employee must have worked for the employer for at least 12 months immediately before the leave. Second, the employee must have worked at least 1250 hours during that preceding year. Third, the employer must employ at least 50 people within a 75-mile radius. Finally, employees can only use the FMLA in order to care for their own or their immediate family member’s serious health condition or to care for a newborn or an adopted child.
Two types of claims typically arise out of the FMLA. These include (1) FMLA interference, which is blocking or trying to prevent an employee from taking FMLA; and (2) FMLA retaliation, which happens when an employer takes adverse actions against an employee who took medical leave, such as wrongful termination, demotion, stripping of authority, reduction in pay, changing the employee to a less desirable shift, and so on. You may have one of these FMLA claims if you have found yourself saying:
- I was fired for trying to take medical leave.
- My boss won’t let me take a leave of absence to care for my sick mother or father.
- My job threatened to fire me if I take time off to be with my sick son, daughter or child.
- I was written up right after I returned from FMLA leave.
- I am being given points every time that I take a day off using intermittent FMLA leave.
- HR told me that my anxiety and depression do not qualify me for FMLA.
- My company made up a reason to fire me right after I notified my boss that I needed to request medical leave.
- My job only gave me one week after the birth of my son/daughter to be home with my wife and new child.
- I want to sue my employer for wrongful termination because I was fired while out on medical leave.
- My supervisor said that I cannot take FMLA leave to be with my sick son because he is over 18 years old.
- My company is making me work from home while I’m on FMLA leave.
- I am not allowed to space out my FMLA leave because my boss said that I have to use all of my medical leave at the same time.
- My husband just had a heart attack and my job says that I have to give them more notice before I take FMLA leave.
- My company will not let me take a few hours off per week to get medical treatments.
Still, have questions about your rights under the Family and Medical Leave Act? We cover several of these topics in-depth on our Family and Medical Leave Act FAQs page.
Family and Medical Leave Act Frequently Asked Questions Regarding Discrimination
Here are a few common questions we get around the Family and Medical Leave Act (FMLA) and what is and isn’t allowed from employers: