Navigating Family and Medical Leave Rights Under Ohio Law

What is the Family and Medical Leave Act?

The Family and Medical Leave Act allows eligible employees to take up to 12 workweeks of leave per a rolling 12-month period for qualifying events, such as:

• Incapacity due to pregnancy
• Prenatal medical care
• Childbirth
• Caring for the child after birth
• Placement for adoption or foster care
• Caring for the employee’s spouse, child, or parent with a serious ailment
• Serious health conditions of the employee that render them unable to work

Who is Covered Under FMLA?

Ohio employers are required to provide FMLA if they have at least 50 employees for at least 20 weeks in the current or previous year.

Employees are eligible to request FMLA leave if:

• They have worked for the company for a minimum of one year.
• They have worked a minimum of 1,250 hours during the previous year.
• They work at a location with a minimum of 50 employees within a 75-mile radius.

Leave extension may be granted under specific circumstances.

What Other State Laws Support Medical Leave?

While the State of Ohio does not have its own FMLA laws and instead uses the outline provided by the Federal Act, other state policies also support an employee’s need for time off due to family or medical reasons, such as:

• Pregnancy Leave: Ohio’s Civil Rights Act requires that employers with four or more employees provide reasonable accommodations for pregnancy and childbirth-related conditions. This is separate from maternity leave.
• Worker’s Compensation: Employees who are injured while on the job may be eligible for worker’s compensation benefits, which may overlap with FMLA leave.
• Disability benefits: Some employers offer long or short-term disability plans that complement FMLA leave.

What are an Employee’s Rights Under FMLA?

FMLA rights typically include the following:

• Unpaid leave: While FMLA grants an employee the right to take time off from work, the employer’s policies determine whether the time is paid, unpaid, or paid at a deduction.
• Leave from work for up to 12 weeks in a year: Qualified employees have the right to 12 work weeks of leave in a rolling 12-month period.
• Job protection: FMLA allows needed time off without the employee losing their job. An employer cannot fire an employee taking leave under FMLA. The employee also has the right to return to the job or a similar job once leave ends.

Childbirth, pregnancy, or adoption under FMLA offers the following rights:

• Childbirth leave for both parents: Both parents typically have the right to request FMLA leave within one year of the birth of a child.
• Adoption leave: When an employee adopts or fosters a child, they typically have the right to FMLA leave within one year of placement.
• Maternity leave: While Ohio law does not require employers to offer maternity leave, a pregnant employee who qualifies for leave should be granted reasonable time off.
• Protection from discrimination: Employers cannot penalize or fire an employee for the birth of a child. Doing so may be considered illegal discrimination.
• Breaks for breastfeeding: Employers are required to provide reasonable breaks for nursing mothers to pump milk after giving birth if the employer has 50 or more employees. Employers with fewer employees may offer these breaks as a benefit, but they are not required.

For disability and other serious health conditions, additional rights may be found through other employment laws as well as FMLA, such as:

• Reasonable accommodations: A reasonable accommodation is a change allowing an employee to perform their duties despite their disability.
• Worker’s compensation: A disability from a work-related injury or illness may qualify an employee for worker’s compensation.
• Short-term and long-term disability: Some employers offer short-term or long-term disability plans that can provide income while the employee is disabled or unable to work.
• Social Security Disability Insurance: This type of insurance is based on work history. An employee may qualify for SSDI if they have paid into the Social Security system via previous employment but are no longer able to work due to disability.
• Supplemental Security Income: Workers who have not been able to work much or at all due to a disability may qualify for SSI, which is needs-based.
• Protection from discrimination: Employers are not allowed to treat an employee unfairly due to a disability or other serious health conditions because of protections under the Americans with Disabilities Act and employment discrimination laws.

How to Request FMLA Leave?

The first step in requesting FMLA leave is to notify the employer of medical leave. The notification can be verbal or in writing.

When leave is foreseeable, such as childbirth or scheduled surgeries, notice must be provided no sooner than 30 days prior to leave.

When leave is unforeseeable, notice must be provided as soon as reasonably possible, given the circumstances.

Then, the employer will notify the employer of eligibility within five business days.

If eligible, the employer should provide the employee with FMLA rights and responsibilities as well as request any needed supporting documentation from a healthcare provider.

The employer will give notice if leave has been granted within five days of receiving the requested documentation.

When has an Employer Violated FMLA Laws?

An employer has violated FMLA laws during the following situations:

• The employer has fired or threatened to fire an employee for taking leave.
• The employer penalizes an employee for taking time off work for appointments or treatments for chronic health conditions.
• The employer refuses to provide an employee with time off for childbirth.
• The employer will not permit leave to attend to an immediate family member suffering from a serious health condition.
• The employer granted leave but fired the employee immediately upon return.
• The employer began treating the employee differently after leave was requested or taken.

Do You Need an Attorney?

If you have questions regarding family or medical leave or believe you have been discriminated against due to leave, then you have options. The lawyers at Watson Kuhlman, LLC are ready to fight for your rights. Call us today at 216-208-7858 or complete a contact form to schedule a free consultation.