Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid leave for certain family and medical reasons with continuation of group health insurance.
To be eligible for FMLA leave, employees must work for a covered employer (50 or more employees within 75 miles), have worked for the employer for 12 months (consecutive or non-consecutive), and worked at least 1,250 hours during the 12 months before starting leave.
Circumstances entitling such employees to FMLA leave include
- the birth or adoption of a child
- caring for a spouse, child, or parent with a serious health condition
- having a serious health condition that makes an employee unable to perform essential job functions
- qualifying exigencies related to immediate family members in the active-duty military
- caring for a covered service member with a serious injury or illness (up to 26 weeks in 12 months)
When an employee returns from leave, the employer must return the employee to the same or nearly identical job offering the same general work schedule, at the same worksite, with similar duties and status, and identical pay and benefits.
When medically necessary, FMLA leave can be taken intermittently or to reduce an employee's scheduled hours.
Employers are prohibited from interfering with an employee's exercise of FMLA rights—or retaliating against an employee who takes FMLA leave. We have obtained positive results in litigation for employees who have faced FMLA retaliation.
Attorneys at The Chandra Law Firm LLC Can Advise You on Your Rights Regarding Taking FMLA Leave for a Serious Health Condition or to Care for a Loved One
If you have a question about your right to FMLA leave, please call to discuss your situation with one of our experienced attorneys.
You can reach our firm, which serves clients throughout Ohio, by calling 216-578-1700 or by filling out our online contact form.