Employment Law Attorneys Ohio & Nationwide

Basic Job Protections Established By The Family Medical Leave Act

Under the terms of the Family Medical Leave Act, many workers in Ohio gain protection from job loss when they have serious health problems or must care for a close family member. To qualify, one must be employed full time for 12 months at the workplace. Once the employee takes medical leave, their employer cannot legally terminate their employment, make negative work evaluations because of taking leave or apply any other discipline due to taking leave.

Qualifying employees may ask for up to 12 weeks off when they experience serious health problems. Leave is also available when someone needs to take care of a spouse, child or parent suffering from a bad health condition. Furthermore, childbirth and adoption represent valid reasons to request time off.

The law defines serious health conditions as illnesses, injuries or impairments that need continuous medical treatment or inpatient care. The condition must incapacitate a person to the extent that going to work is not possible for at least three consecutive days. A health care provider may establish that leave needs to be taken in portions, like one or two days a week, instead of a whole 12 weeks at once.

Despite legal protections, employers sometimes refuse legitimate leave requests or retaliate against people who take time off. Legal representation could be appropriate for a person whose rights have been violated by their employer. An attorney familiar with the Family Medical Leave Act could inform an employer that a person must be granted leave. If job loss or other damages have occurred, then the lawyer might file a lawsuit to hold the employer accountable for illegal actions.

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