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Practice Areas • Practices • Family Medical Leave Act

Time off to care for family members' health and your own is your right

Your Rights Under the Family and Medical Leave Act

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.

The Chandra Law Firm LLC can represent you if your FMLA leave rights have been violated

If you have a question about your right to FMLA leave, please call to tell us about your situation.

You can reach our firm, which serves clients throughout Ohio, by calling 216-578-1700 or by filling out our online contact form.

Making the right choice in legal representation can make the difference in whether you achieve a result that protects your legal rights and best interests.

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