Signed into law by President Bill Clinton in 1993, the Family and Medical Leave Act (FMLA) provides certain workers with the right to take job-protected, unpaid leave to handle certain qualifying family and medical issues. Unfortunately, when the time comes to take leave, some employees face certain forms of resistance from their employer. They may even be denied leave, pressured into not taking leave, or allowed to take leave only to be told that they are not able to return to their previous position. At Coffman Legal, our skilled Columbus Ohio FMLA attorneys have extensive experience fighting for the rights and interests of workers throughout Central Ohio. If you or your loved one was improperly denied family or medical leave, or if you are facing any adverse employment action for taking leave that was available to you under federal law, we are here to help. To arrange a no-fee, fully confidential review of your employment law claim, please do not hesitate to contact our Columbus law office today to speak with experienced Ohio FMLA lawyers.
If you have a new baby or a serious illness that requires an extended leave from work, you may be entitled to unpaid, job-protected medical leave. If you are having difficulty with your employer or your employer otherwise refuses to comply with the law, contact our attorneys right away. The Family and Medical Leave Act (“FMLA”) is one of the most complex areas of law so if you have questions about your leave at work, our employment lawyers can help. The FMLA permits eligible employees to twelve weeks of unpaid leave from employment for any of the following reasons:
The FMLA only applies to employers with at least 50 employees within a 75-mile radius of the worksite. To qualify for FMLA leave, employees must have been employed for at least 12 months by the employer prior to the beginning of the leave, and they also must have worked at least 1,250 hours during the previous 12 months. FMLA leave does not have to be continuous and may be taken on an intermittent basis, or a reduced leave schedule as necessitated by a serious medical condition. If you have questions about your eligibility for FMLA medical leave, contact our Columbus FMLA attorneys. Our Columbus Ohio FMLA lawyers are adept at representing you if you experience issues with your employer related to your FMLA-protected medical leave.
When medical leave is foreseeable, an employee must provide their employer with a 30-day notice of the leave if the employee is able. If providing a 30-day notice is not practicable, notice should be provided as soon as practicable. For unforeseeable leave, employees should request leave either the same day or next business day. Since there are many nuances to the FMLA, speaking with our FMLA attorneys is likely the best thing to do if you have any questions.
Upon returning to work, an employee is entitled to obtain the same position held prior to leaving, and to receive the same pay, benefits, and other terms and conditions of employment, or an equivalent position. If your situation falls under the FMLA guidelines and you have not been restored to your position or an equivalent one following FMLA leave, you may have a claim. If you are not reinstated to your position following FMLA medical leave, contact our Columbus Ohio FMLA attorneys. After a medical leave, your employer does have the right to request a certification that ensures you are physically able to perform the duties of your job. However, an employer may not request certification each time an employee returns to work after intermittent leave. This request can only be made once every 30 days, and if there are reasonable safety concerns regarding the employee’s ability to safely perform their job.
Family and Medical Leave Act violations can come in a number of different forms. Our Columbus Ohio FMLA lawyers have seen problems arise during all three stages of the process, including when an employee tries to initially take leave, while the employee is still on leave, and when the employee attempts to return from their leave. Unfortunately, in many cases, employees are not fully aware of their rights under the FMLA. As a result, they may receive and rely on incorrect information from their employer. You need to know if your rights under the FMLA were violated. Three of the most common specific FMLA violations are as follows:
At Coffman Legal, our Columbus Ohio FMLA lawyers have extensive experience handling the full range of family and medical leave cases. If you have questions related to a medical leave of absence which was due to an illness or a pregnancy, contact our office to speak with our Columbus Ohio FMLA attorneys. We can help you understand your rights under the FMLA and our Columbus Ohio FMLA lawyers will protect you from interference or retaliation. For a free consultation with our top-rated Ohio FMLA attorneys, please contact us now at 614-949-1181.