What Are My Rights If I’m Fired for Taking Medical Leave?

Ohio law offers substantial legal protections for employees fired after taking medical leave. With the legal counsel of an employment lawyer in Columbus, OH, you do not have to accept unlawful termination without recourse. Your rights depend on the nature of your medical leave, how your employer responded, and whether your dismissal violated any protected legal standards.

From an Employment Lawyer in Columbus, OH: Your Rights After Taking Medical Leave

Your Federally Protected Rights 

Under the federal Family and Medical Leave Act (FMLA), individuals are permitted to take up to 12 weeks of unpaid, job-protected leave for a serious health condition. This applies to companies that have at least 50 employees. To receive these benefits, you need to have worked there for at least 12 months and 1,250 hours in the past year. 

If you meet these conditions, your employer cannot legally fire you for using your leave. If they do, you can bring a legal claim for reinstatement, back pay, and possibly other damages. If your employer fires you during or shortly after leave, they must prove that the decision was unrelated to your protected leave.

How Ohio Law Strengthens Protections

In Ohio, you also have rights under state laws that prohibit disability discrimination. If your medical leave was related to a disability or a serious health condition, the Ohio Civil Rights Act may apply. Ohio employers with four or more employees cannot terminate you for reasons related to your medical status if you are otherwise qualified to perform your job. Even if you do not qualify under the FMLA, you might still have protection if your condition meets the definition of a disability under state law.

What to Do if You Suspect Retaliation

If your employer retaliated against you for taking leave, you need to gather documentation showing your timeline of medical leave, any communication with your supervisor or human resources department, and details of your termination. In Ohio, you must file a discrimination claim with the Ohio Civil Rights Commission within six months of the event. You can also file a complaint under the FMLA with the U.S. Department of Labor within two years of the violation. You should act quickly to protect your right to seek legal remedies.

If your employer fired you after taking medical leave, you may be protected by both federal and Ohio employment laws. You have the right to challenge unlawful termination, especially if you met FMLA criteria or if your condition qualifies as a disability under Ohio law. 

Our team of qualified legal professionals will help you evaluate your legal position, enforce your rights, and pursue compensation where your employer violated the law. You should act quickly to preserve your claims and hold your employer accountable under Ohio statutes and federal protections. Schedule a consultation with us today at Nilges Draher Law in North Canton, Cleveland, and Columbus, OH, to take legal action against an unfair termination. 

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