Can I Be Fired in Ohio for Taking Medical Leave or Caring for a Sick Family Member?

Balancing work and personal health—or caring for a loved one in crisis—is something many Ohio employees will face at some point. But what happens if your job is at risk because you need time off for medical leave or to care for a family member?

In this blog by Nilges Draher LLC, we’ll break down your legal protections, explain when taking medical leave is protected under the law, and what to do if you’re fired or retaliated against for doing so.

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What Laws Protect Medical Leave in Ohio?

There is no single “paid family and medical leave” law in Ohio, but employees may be protected under several laws, including:

• The Family and Medical Leave Act (FMLA) – A federal law that provides up to 12 weeks of unpaid, job-protected leave for certain health or family-related reasons.
• The Americans with Disabilities Act (ADA) – May require employers to provide time off as a reasonable accommodation for a disability.
• Ohio Civil Rights Laws – Protect employees from discrimination based on disability, pregnancy, or other covered statuses.

Let’s look at each one in more detail.

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The FMLA: Job-Protected Leave in Ohio

The Family and Medical Leave Act (FMLA) is the main federal law that provides unpaid, job-protected leave for qualified employees. If you are eligible, you can take up to 12 weeks of unpaid leave per year to:

• Recover from a serious health condition
• Care for a spouse, child, or parent with a serious health condition
• Bond with a newborn or newly adopted child
• Address certain qualifying needs arising from a family member’s military deployment

During your FMLA leave, your employer is required to:

• Protect your job (you must be reinstated to your same or equivalent position)
• Continue your health insurance under the same terms

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Who Is Eligible for FMLA in Ohio?

To qualify for FMLA leave, all of the following must apply:

1. You’ve worked for your employer for at least 12 months (not necessarily consecutively)
2. You’ve worked at least 1,250 hours in the past 12 months
3. Your employer has at least 50 employees within a 75-mile radius

If your employer meets these criteria and you are facing a qualifying medical situation, you likely have the right to take protected leave under FMLA.

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Can My Employer Fire Me for Taking FMLA Leave?

No. It is illegal for an employer to fire you for taking FMLA leave.

If you were eligible, gave appropriate notice, and used the leave for a covered reason, your employer must hold your job (or a comparable one) for your return. If they terminate your employment during or immediately after your leave, and there is no legitimate reason unrelated to the leave, you may have a wrongful termination or retaliation claim.

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What If I Don’t Qualify for FMLA?

Even if you don’t meet the FMLA requirements, you still may be protected under other laws:

The Americans with Disabilities Act (ADA)

If you have a chronic illness or serious health condition that qualifies as a disability, the ADA may require your employer to provide time off as a reasonable accommodation—unless it causes undue hardship.

Pregnancy-Related Leave

Employers covered under Ohio and federal law must treat pregnancy-related medical leave the same as any other temporary disability. Denying time off or firing someone due to pregnancy or related conditions may violate anti-discrimination laws.

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Caring for a Sick Family Member in Ohio

Caring for a seriously ill parent, spouse, or child may qualify you for FMLA leave. But keep in mind that this law only applies to immediate family—not grandparents, siblings, or extended relatives.

If your employer is not covered under FMLA, or if you are ineligible, you may want to:

• Request time off through company policy or PTO
• Explore whether time off could be provided as a reasonable accommodation
• Speak with an employment attorney to explore your rights under Ohio law

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Signs You Were Fired Illegally for Taking Leave

Ohio is an “at-will” employment state, meaning employers can generally terminate workers for any reason—but not for illegal reasons. You may have a legal claim if:

• You were fired shortly after requesting or taking medical leave
• Your employer discouraged or denied your right to take FMLA leave
• You were told not to discuss your leave with coworkers
• You received sudden poor performance reviews or disciplinary actions after requesting time off

These may indicate retaliation, which is illegal under both federal and state laws.

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Steps to Take if You Were Fired for Taking Medical Leave

1. Gather Documentation
   Keep copies of doctor’s notes, FMLA paperwork, emails with HR, and anything else that supports your leave request.
2. Understand Your Rights
   Review whether you were eligible for job-protected leave under FMLA, the ADA, or other protections.
3. Request a Written Explanation
   Ask your employer to provide a written reason for your termination.
4. Consult with an Ohio Employment Lawyer
   Legal counsel can help determine whether your termination was lawful and whether you have a case.

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How Nilges Draher LLC Can Help

At Nilges Draher LLC, we advocate for workers across Cleveland, Columbus, North Canton, and throughout Ohio. If you were fired after taking—or requesting—medical leave or time off to care for a loved one, we’re here to listen.

Our legal team has extensive experience helping workers stand up to wrongful terminations, retaliation, and leave violations. We’ll help you understand your rights, determine if your employer broke the law, and fight to secure the compensation or reinstatement you deserve. Set up a free case evaluation with an attorney today to get started.

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