FAMILY AND MEDICAL LEAVE RIGHTS IN CINCINNATI

Employers with 50 or more employees within a 75-mile radius must provide eligible employees (salaried, hourly, management, and non-management) Family and Medical Leave Act (“FMLA”) benefits.

To be eligible for FMLA benefits, you must work for an employer who must provide them and have worked for at least 12 consecutive months, and worked for no fewer than 1,250 hours in the previous 12 months.

If you meet that criteria, your employer must provide up to 12 weeks of unpaid leave to care for yourself or a family member with a serious health condition. During those 12 weeks, your employer must hold your job open and, upon your return, cannot demote you, pay you less, or eliminate your position. It is also important to know that the FMLA allows for “intermittent” leave. Thus, employees with a chronic health condition (or who care for a family member with one) can take FMLA leaves in smaller chunks, as long as the employee does not exceed the 12 total weeks.

It is important to know that your employer may request medical verification for your FMLA leave, and you must provide that verification when requested. Your employer is allowed to force you to use vacation and sick time while on FMLA leave. If this is paid time, you must be paid, but you cannot always “bank” the time for time-off outside of FMLA purposes if you have already exhausted your vacation and sick time.

At Stokar Law, your initial consultation comes at absolutely no cost to you. Contact us today to discuss your situation, rights, and options.