WHAT IF I USE ALL OF MY OHIO FMLA LEAVE?
You can find out more about whether you are eligible for FMLA leave in Ohio here- https://www.thefriedmannfirm.com/am-i-eligible-for-fmla-leave-in-ohio/.
Once you are familiar with the eligibility requirements for FMLA, our Columbus Employment lawyers can help you decide what to do if you have exhuasted all 12 weeks of your FMLA leave. For FAQ’s about FMLA leave, visit our page https://www.thefriedmannfirm.com/services/faqs.html#faq3.
First of all, employers are required to maintain your group health insurance coverage (including family coverage) during the time you are on FMLA leave. The employer’s obligation to pay group health insurance benefits expires when and if you do not return to work after you have exhausted your 12 weeks of FMLA leave so it is important to pay attention to when your 12 week period expires.
Since your employer must restore you to your position (or an equivalent position) when you return from FMLA leave, you can always go back to work once you have exhausted your FMLA leave. If you are not yet ready or able to return to work because of medical reasons, you have a few options.
If you are an otherwise qualified individual with a disability and need more time off, you can request it from the employer as a “reasonable accommodation.” If the additional leave would not impose an undue hardship on the employer, the employer may grant your request. If you request additional leave, your employer may require you to obtain more information from your medical provider, detailing the reasons for the additional leave.
If you can return to work but need a reasonable accommodation such as a flexible schedule, more breaks or the ability to administer treatments while at work, you can request an accommodation from your employer. Make sure you clearly communicate the accommodation you want to the employer. The employer cannot accommodate you if you do not ask it to. If the employer can grant the accommodation without an undue hardship, you should be able to return to work with the reasonable accommodation in place.
If you cannot return to work at all yet, with or without an accommodation, another option is to apply for short term disability. This may be a good option for someone who cannot return to work at the end of the 12 week period but expects to be able to return to work in a few weeks or months. If your employer has a short term disability policy, request information on that program to see if you qualify.
These are just some of the options available to you if you find yourself in a situation where you have exhuasted your FMLA leave. The most important thing to remember is to pay attention to when your 12 week period of leave expires and make sure you communicate with your employer about whether you plan to return, if you need an accommodation and whether accommodating you is possible. Our Columbus FMLA Employment Lawyers are happy to help you navigate through this process and explore additional options than those listed here.
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Rachel was absolutely amazing. As an attorney she really took the time to really listen to my concerns. She was honest and kept me informed every step of the way. The outcome was favorable on my behalf and I appreciate her efforts to achieve a good outcome. I would highly recommend her and the Friedmann firm to represent me if ever needed in future.
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Rachel and the Friedmann Firm were fantastic to work with. The thought of needing an employment lawyer was scary for me, it was confusing and complex. But Rachel listened, asked questions and took time to really understand me and my priorities. I felt calm, supported and excited for the first time in weeks after talking to her!! We worked together to review everything, set expectations and meet my priorities! Thanks Rachel and team for all your work!!!
Rachel Friedmann of the Friedman Firm was my attorney for a very recent legal matter. I would highly recommend Rachel based on her legal knowledge, her honest appraisal of the matter and expected outcomes, her open communication and timely responses to my questions and the matter itself, and her steadfastness in dealing with the opposing counsel until a final agreement was reached.
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The Friedmann Firm (specifically Pete Friedmann) represented me through what seemed like a never ending employment discrimination suit. The suit was filed just before Covid shut everything down in 2020. Add to that a former employer who refused to admit fault. In spite of all of that, Pete stood resolute in his representation of me and working for the best outcome for me. We ended up settling prior to trial and I was more than satisfied with the results. Pete was always available to answer questions and reassure me throughout this process. I highly recommend The Friedmann Firm!
Pete Friedmann and his firm are fantastic. He represented me for more than a year going through a suit with a previous employer. He walked me through every step of the process and was always quick to respond to any questions I had. My settlement came in and we parted ways with both sides being pleased with the outcome. I highly recommend the Friedmann firm and wouldn’t hesitate to use them again in the future if the need arose. Thank you, Pete!
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