Columbus Family and Medical Leave Act Lawyers / FMLA Attorneys
The protections provided by the Family and Medical Leave Act, known as the “FMLA”, frequently arise in employment disputes and the law is often misunderstood by employers and employees alike. The FMLA generally applies to employers with at least 50 employees within a 75 mile radius. The law protects employees who have been employed for at least 12 months and have worked at least 1,250 hours in the last 12 months.
The FMLA provides that eligible employees who meet these requirements are entitled to take up to 12 weeks of unpaid leave from their job for reasons including: (1) the birth of the employee’s child so the employee may care for the newborn; (2) the adoption or fostering of a child by the employee; (3) the providing of care for the employee’s spouse, child, or parent when the individual needing care has a serious health condition; or (4) the employee is suffering from a serious health condition himself that affects the employee’s job performance and makes him unable to perform essential job duties.
It is important to note that a FMLA eligible employee does not have to take all FMLA leave at once or for a continuous period of time. Eligible employees who require occasional or intermittent leave for a qualifying reason or other work schedule adjustments are still entitled to FMLA leave and are protected by the Act. Employees are required to provide 30 days’ notice before taking FMLA leave if the reason for leave is foreseeable. If providing 30 days’ notice is impossible or impracticable, then you must give notice as soon as practicable.
After an employee takes FMLA leave and then returns to work, the employer must permit the employee to return to his same position with the same salary or pay and all other benefits of employment before the leave. If the employee is not placed back in the same position, then the employer must place the employee in an equivalent position, again with the same salary or pay and other benefits of employment before FMLA leave. Any interference with an eligible employee’s FMLA rights or discrimination or retaliation for exercising such rights is prohibited by the Act and will subject an employer to liability for its FMLA violations. Navigating your FMLA rights can be very difficult without the assistance of an experienced FMLA attorney.
If you or your loved one has possibly been subjected to an employer’s violation of your FMLA rights, contact a FMLA attorney at Contreras Law today to discuss your legal options. You may have a valid FMLA claim and speaking with an Ohio FMLA discrimination attorney will ensure you know your rights.