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What are my rights under FMLA?
If you’re wondering what are my rights under FMLA, you’re not alone. Many workers in Ohio and across the country are unaware of the protections granted by the Family and Medical Leave Act (FMLA). This federal law offers vital job protections for eligible employees who need to take time off due to serious health conditions, family needs, or certain emergencies. Understanding these rights is key to protecting your job and income.
What are my rights under FMLA as an employee?
Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific family and medical reasons. During this leave, your group health insurance coverage must be maintained under the same terms as if you were still working.
Here are the primary rights granted by the FMLA:
Job Protection: Your employer must restore you to the same job or an equivalent one when your leave ends.
Health Benefits: You are entitled to continue your group health coverage during your leave.
No Retaliation: Your employer may not interfere with your FMLA rights or retaliate against you for using them.
What circumstances qualify for FMLA leave?
You may be eligible to take FMLA leave for the following situations:
The birth of a child, and to bond with the newborn within one year of birth.
The placement of a child for adoption or foster care, and to bond with the child within one year of placement.
To care for a spouse, child, or parent with a serious health condition.
When you are unable to work due to your own serious health condition.
For qualifying exigencies related to a family member’s military service.
In some cases, such as caring for a covered servicemember with a serious injury or illness, employees may be entitled to up to 26 weeks of leave.
Who is eligible for FMLA protection?
To qualify under FMLA, the following must apply:
You must have worked for your employer for at least 12 months (not necessarily consecutive).
You must have worked at least 1,250 hours during the 12 months before your leave.
Your employer must have at least 50 employees within a 75-mile radius.
Ohio employees working for smaller companies or new hires may not be covered under the FMLA but could be protected under other state-specific leave laws or company policies.
How do I request FMLA leave?
To invoke your FMLA rights, you must:
Give your employer notice (30 days in advance if the need is foreseeable).
Provide sufficient information to indicate that the leave may be for an FMLA-qualifying reason.
Respond to employer requests for certification or supporting documentation.
Employers have the right to request medical certification for the serious health condition. However, they cannot force you to disclose specific diagnoses to your coworkers or take adverse action because of your request.
Can I be fired while on FMLA leave?
An employer may not fire you because you took FMLA leave. However, FMLA does not provide absolute immunity from being fired. For example:
If your position is eliminated in a legitimate reduction-in-force, you may not be reinstated.
If you violated company policy unrelated to your leave, disciplinary action may still apply.
That said, if you believe you were targeted or terminated because of your FMLA leave, you may have a claim under the FMLA or other wrongful termination laws.
What are common FMLA violations by employers?
Employment lawyers often see the following violations:
Denying leave to eligible employees
Failing to reinstate employees to the same or an equivalent job
Retaliating against workers for requesting or taking FMLA leave
Misclassifying employees to avoid granting FMLA leave
Demanding excessive or invasive medical documentation
If your employer has engaged in any of these actions, you could be entitled to back pay, job reinstatement, or other remedies.
Contact Coffman Legal for a Free Consultation
If you’re asking what are my rights under FMLA, it may be time to speak with an experienced employment lawyer. At Coffman Legal, our team helps Ohio workers understand and enforce their rights under the Family and Medical Leave Act (FMLA). Whether you’re facing retaliation, wrongful denial, or job loss, our employment attorneys can evaluate your situation and help you pursue compensation or reinstatement.
Contact us today for a free and confidential consultation.
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