Understanding Employer FMLA Violations

Sep 21, 2022

Understanding Employer FMLA Violations in Ohio

Know your rights if you need medical leave in Ohio, including North Canton, Cleveland, and Columbus.

The federal Family and Medical Leave Act (FMLA) gives eligible employees across Ohio and the U.S. certain protections when they need to take time off for serious health conditions, family needs, or the arrival of a new child. However, not all employers follow the law, and some employees face mistreatment for exercising their FMLA rights. If you believe your FMLA rights have been violated, it is critical to understand your options—especially with the unique landscape of FMLA in Ohio’s workplaces.

If you’re in North Canton, Cleveland, Columbus, or anywhere in Ohio and are dealing with an FMLA violation, our experienced attorneys can help protect your rights.

What Are My Rights Under the FMLA?

The FMLA provides job-protected, unpaid family and medical leave to eligible employees. To be covered by the FMLA in Ohio, you must meet these criteria:

Your employer has at least 50 employees within a 75-mile radius of your work location.
You have worked for your employer for at least 12 months.
You have worked at least 1,250 hours for that employer in the 12 months before taking leave.

If you qualify, you may take up to 12 weeks of unpaid leave for:

Your own serious health condition.
Caring for a spouse, child, or parent with a serious health condition.
Bonding with a newborn, adopted, or foster child.
Certain needs relating to military family members.

This leave can be taken all at once or as intermittent FMLA—sometimes in increments as small as 15 minutes—especially for ongoing treatments or chronic health conditions. You must provide your employer with enough notice and sufficient information for them to determine if your leave is FMLA-protected.

What Are Employer FMLA Violations?

Employers in Ohio, including in North Canton, Cleveland, and Columbus, can violate your FMLA rights in several ways, including:

Denying FMLA leave even though you qualify.
Requiring you to work during approved FMLA leave.
Retaliating against you for requesting or taking FMLA leave. This can include termination, demotion, pay cuts, or negative job actions.
Intermittent FMLA harassment, such as discipline or harassment for taking intermittent absences protected under the law.

Penalties for FMLA Violations by Employers

If your employer violates the FMLA, Ohio and federal law allow you to pursue several forms of relief:

Job reinstatement if you were unlawfully terminated.
Approval of denied FMLA leave.
Compensation for damages, including:
- Lost back pay (wages and benefits already lost)
- Lost front pay (future wages and benefits)
- Liquidated damages (often double damages if the employer did not act in good faith)
- Attorney’s fees and costs

Employers may also be subject to additional penalties or enforcement actions by the U.S. Department of Labor.

Intermittent FMLA and Harassment: Your Rights in Ohio

Intermittent FMLA leave is a vital protection for Ohio employees who need time off in smaller increments for chronic conditions, regular treatments, or family care. However, some employers engage in intermittent FMLA harassment—such as giving poor performance reviews, discipline, or denying advancement because of your intermittent absences.

Federal law prohibits employers from interfering with, restraining, or retaliating against employees who exercise their FMLA rights. If you experience any form of harassment or negative treatment for taking intermittent FMLA leave in North Canton, Cleveland, Columbus, or elsewhere in Ohio, seek legal advice promptly.

Steps to Take If Your Employer Violates Your FMLA Rights

Document everything: Save copies of all FMLA requests, HR communications, doctor’s notes, and any records of retaliation or harassment.
Contact an Ohio FMLA attorney: Experienced legal counsel can help you prove your case and protect your rights.
File a complaint: You may file with the Department of Labor Wage and Hour Division or pursue a lawsuit for damages and reinstatement.

Ready to protect your rights? Schedule a free, confidential consultation with our Ohio FMLA attorneys.

FMLA Protections for Employees in Cleveland, Columbus, and North Canton

In cities like Cleveland, Columbus, and North Canton, FMLA rights and employer obligations remain the same, but local workplace cultures may differ. Our attorneys have successfully defended workers’ FMLA rights throughout Ohio’s major cities and are ready to address issues specific to your location.

Cleveland: High volume of healthcare and service industry cases
Columbus: Government and corporate sector nuances
North Canton: Manufacturing and small business compliance concerns

Common Misconceptions About FMLA in Ohio

FMLA leave is always paid. (False—most FMLA leave is unpaid.)
Only mothers can take bonding leave. (False—Fathers and non-birth parents may also qualify.)
Your job is not protected. (False—Your employer must reinstate you to the same or a similar position.)

How to Prove FMLA Violations by Employers

Successfully proving an FMLA violation in Ohio requires you to demonstrate:

Eligibility for FMLA leave
Proper notification and documentation
A link between the adverse job action and your use of FMLA leave

With offices serving North Canton, Cleveland, Columbus, and all of Ohio, our firm stands ready to help employees gather evidence, negotiate with employers, and litigate claims if necessary.

Frequently Asked Questions (FAQs)

What counts as FMLA harassment in Ohio workplaces?

FMLA harassment includes negative job actions, threats, or discipline for taking or requesting FMLA leave—especially intermittent absences. If you are experiencing harassment, speak to an attorney.

What are the penalties for FMLA violations by employers in Ohio?

Employers may be required to reinstate your job, pay back and front pay, and sometimes double those amounts if they acted in bad faith, plus cover your attorney’s fees.

Can I take intermittent FMLA leave for ongoing treatments or chronic conditions in Ohio?

Yes. Ohio employees can use intermittent FMLA for treatments like chemotherapy, therapy sessions, or recurring care, as long as proper notice and documentation are provided.

What should I do if I am fired after requesting FMLA leave?

Document everything and contact an Ohio employment lawyer as soon as possible to discuss your rights under FMLA, ADA, and Ohio law.

Does FMLA apply to small businesses in Ohio?

FMLA only applies to employers with 50 or more employees within a 75-mile radius, but you may have other protections under Ohio law.

Ohio FMLA Legal Help When You Need it

You have rights under the FMLA. An experienced employment attorney from our law firm can protect them. If you had an FMLA request denied or are facing retaliation for requesting or taking medical leave, contact us for a free and confidential case evaluation

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