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AM I ELIGIBLE FOR FMLA LEAVE IN OHIO?

August 4, 2016 | Posted in: Disability, FMLA

Do you have a disability or a serious medical condition?  The Columbus FMLA Lawyers at The Friedmann Firm are very familiar with the Family Medical Leave Act and what it means for employees.  The Family Medical Leave Act (“FMLA”) provides up to 12 weeks of unpaid, job-protected leave a year.  FMLA leave is available to employees who work for the following types of public sector employers:

  • Public agencies, including state, federal and local employers;
  •  Local educational agencies (schools).

FMLA is available to private sector employers who meet the following requirements:

  • Employers who employ over 50 employees for at least 20 workweeks in the preceding or current calendar year.  This includes joint employers or successors of prior covered employers.

If you work for an employer who offers FMLA leave, you must still meet the following requirements as an employee:

  • Must have worked for the employer for at least 12 months (total, not consecutive months);
  • Have worked at least 1,250 hours for the employer in the 12 month period prior to your FMLA leave;
  • Work at a location where are at least 50 employees are employed at the location or within 75 miles of the location.

What are the reasons an employee can take FMLA leave?  You can take FMLA leave for the following reasons:

  • The birth of a son or daughter or to care for a newborn child;
  • For the placement with the employee of a child for adoption or foster care, and to care for the newly placed child;
  • To care for an immediate family member (spouse, child or parent but not “parent-in-law”) with a serious health condition;
  • When the employee is unable to work because of a serious medical condition.

*Leave to care for a newborn child or newly placed adopted/foster child must conclude within the 12 month period after the birth or placement of such child.

If you and your spouse happen to be employed by the same employer, you may be limited to a combined 12 weeks of unpaid FMLA leave for the following reasons:

  • Birth and care of a child;
  • Placement of a newly adopted child or a newly placed foster child and to care for such child;
  • To care for the employee’s parent who has a serious medical condition.

More information on the FMLA can be found on the Department of Labor’s website here: http://www.dol.gov/whd/regs/compliance/1421.htm.

If you have questions about whether you qualify for FMLA leave, our Columbus disability attorneys can help you navigate these often confusing rules and regulations.