What is the FMLA?

Often, when one needs to take leave from work, it is because he or she faces some urgent situation or health problems. Understanding the types of leaves and employee protections that are available, and navigating the process for taking those, can be often be difficult, complicated, and confusing. As FMLA attorneys in Columbus, Ohio, we can help guide you through those processes.

One of the most well-known protections available to employees is the Family and Medical Leave Act (FMLA). The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of unpaid leave for certain family and medical responsibilities. These reasons can include, but are not limited to:

• The employee’s own serious health condition, which prevents him or her from performing one’s job duties
• Caring for a family member’s serious health condition
• The birth, adoption, or foster care placement of a child

When is an employee eligible to take FMLA leave?

An employee may be eligible to take FMLA if he or she works for an employer who has over 50 employees in a 75-mile radius, that employee has worked over 1250 hours within the last 12 months for that employer, and that employee has a qualifying reason to take FMLA.

What claims may be pursued under FMLA?

Even though employers are prohibited from interfering or preventing employees from taking FMLA, whether intentionally or accidentally, violations may still happen. While FMLA violations may take many different forms, the two claims that may be pursued under the FMLA involve the following:

• FMLA Interference – The FMLA states that it shall be “unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise” any rights or actions provided by the FMLA.

• FMLA Retaliation – The FMLA states that employers are prohibited from terminating or discriminating against employees for “opposing any practice made unlawful” by the FMLA.

Should you believe a violation occurred, our FMLA lawyers in Columbus, Ohio can assist you your employment claims.

Common Examples of FMLA Violations

While employers often comply with FMLA requirements, some unfortunately do not. If you believe any of the following violations have occurred, you should speak to a Columbus FMLA lawyer to discuss your potential claims:

• denying an employee FMLA leave when the employee qualifies for leave
• preventing an employee from taking FMLA leave through termination or other means
• retaliating against an employee for taking or attempting to take FMLA leave
• not reinstating the employee to his or her former position or a position equivalent to the former position after taking FMLA leave
• requiring an employee to perform substantial work while on FMLA leave
• disciplining or firing an employee for FMLA leave qualified absences
• Not offering to continue providing health care benefits while on leave (although employees still must pay their portion for the benefits as well)

Call Brian G. Miller Co., L.P.A. to Discuss your Potential Claims

As FMLA lawyers in Columbus Ohio, we are committed to helping ensure that none of your rights have been violated and that you are taking the appropriate steps to protect your rights. Should you wish to discuss your potential FMLA claims, please call us at (614) 221-4035 to discuss your rights with a trusted Columbus FMLA attorney.