Columbus Family Medical Leave Act (FMLA) attorneys representing clients in Ohio in FMLA discrimination, FMLA retaliation, & interference with FMLA rights.

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Family Medical Leave Act - FMLA Ohio
Attorneys
Our Columbus Ohio FMLA attorneys represent employees
all over Ohio for claims of discrimination, interference and
retaliation with an employee’s FMLA rights. We have
successfully won several verdicts related to FMLA
discrimination, retaliation for taking or requesting medical
leave, and violations of FMLA rights. Our Ohio employment
lawyers know the ins and outs of the FMLA and can
evaluate your case today. Give us a call or contact us.
The FMLA entitles eligible employees to take up to 12 work
weeks of unpaid, job-protected leave in a 12-month period
for speci몭ed family and medical reasons, or for any
“qualifying exigency” arising out of the fact that a covered
military member is on active duty, or has been noti몭ed of


2. an impending call or order to active duty, in support of a
contingency operation. The FMLA also allows eligible
employees to take up to 26 workweeks of job-protected
leave in a “single 12-month period” to care for a covered
service member with a serious injury or illness.
It is unlawful for an employer to discriminate or retaliate
against an employee for:
Requesting FMLA leave or FMLA paperwork for a
potential leave;
Using Intermittent FMLA leave;
Using Continuous FMLA;
Any employee must be returned back to his or her position
upon a return from FMLA leave. If your employer denies
your right to use FMLA leave or does not restore you to
your former position upon your return from leave, your
rights have been violated. Contact your Ohio FMLA lawyers
today.
What are the FMLA Ohio eligibility requirements?
Eligible individuals who are employed with a covered
employer are entitled to take medical leave pursuant to the
Family Medical Leave Act.
Employers are covered by the FMLA requirements if they
employ at least 50 employees within a 75-mile radius of the
workplace within the preceding calendar year. However,
this 50-employee minimum requirement does not extend
to public agencies.

3. To be eligible to take FMLA leave, an employee must have
worked no less than 1,250 hours for that employer during
the 12 months prior to the start of the FMLA leave. This
includes hours the employee actually worked. This does
not include time spent on vacations, holidays, sick days, or
other paid or unpaid time o몭 work.
An eligible employee may request FMLA leave for any of
the following reasons:
For the employee’s own serious health condition
To care for a spouse, child, or parent with a serious
health condition
To care for a newborn child or to prepare for the birth of
a child
For adoption or foster care placement of a child
To care for a family member who was injured while on
activity military duty
To assist with transiting the employee, or the employee’s
spouse, who is called to active military duty
An employee in need of FMLA leave need not specially
mention the FMLA by name. However, employees are
required to provide their employer with su몭cient
information that would lead the employer to believe that
the leave is FMLA-qualifying, and the anticipated duration
of such leave.
If the need for leave is foreseeable, employees must
provide notice at least 30 days in advance of the need for
leave, if possible, or as soon as practicable if a 30-day

4. notice is not possible. If the need for leave is
unforeseeable, the employee must notify the employer of
the need as soon as practicable. Employees must always
follow their employer’s usual call-o몭 policies and
procedures even if the need for leave is FMLA-qualifying.
After an employee gives his or her employer notice of the
need for FMLA-qualifying leave, the employer must, within
5 business days, inform the employee whether he or she is
eligible for FMLA leave. The employer must also inform the
employee of the expectations and rules associated with
such leave. If the employer requires the employee to
obtain medical certi몭cation in support of the reason for the
requested leave, the employee has 15 calendar days from
the date of the request to return the completed
certi몭cation to his or her employer.
What type of medical leave is available under the
FMLA?
Employees who are otherwise eligible for FMLA leave are
entitled to take a total of 12 workweeks of protected leave
per 12-month period. Employees who take FMLA-qualifying
leave to care for a covered servicemember with a serious
injury are entitled to 26 workweeks of protected leave per
12-month period.
The 12-month period may be calculated by the employer
using any of the following methods, so long as the method
chosen is applied consistently and uniformly to all
employees:

5. The calendar year
The 몭scal year
Any 몭xed 12-month year, such as the employee’s 1-year
anniversary of employment with the employer
The 12-months looking forward from the day of the
employee’s 몭rst FMLA leave
A rolling 12-months measured backward from the date
an employee uses FMLA
An eligible employee may apply for “continuous” or
“intermittent” leave under the FMLA, depending on the
circumstances surrounding the employee’s need for the
leave.
Types of FMLA Leave: Continuous vs Intermittent vs
Reduced Leave Schedule
Continuous FMLA Leave
An employee may utilize continuous FMLA leave when he
or she needs one continuous block of time o몭 work for an
FMLA-qualifying reason. If the need for leave is
foreseeable, employees must provide notice at least 30
days in advance of the need for leave, if possible, or as
soon as practicable if a 30-day notice is not possible. If the
need for leave is unforeseeable, the employee must notify
the employer of the need as soon as practicable.
Intermittent FMLA Leave
Intermittent leave can be utilized when an employee needs
to take leave in separate blocks of time due to a single

6. FMLA-qualifying reason. This type of leave can be taken in
periods of time ranging from one hour or more to weeks at
a time. The total leave used in a 12-month period cannot
exceed 12 total weeks. For example, an employee may
utilize intermittent FMLA leave to attend medical
appointments for a serious health condition during work
hours.
Reduced Leave Schedule
Reduced leave schedule is a change in an employee’s
regular schedule for a period of time. For example, a
fulltime employee may utilize this type of FMLA leave while
he or she is recovering from a surgery and is not well
enough to return to a fulltime schedule.
An employee must inform the employer of the reasons why
the intermittent leave or a reduced leave schedule is
necessary and inform the employer of the anticipated
schedule for treatment. The employee must attempt to
arrange the intermittent treatment or the reduced
schedule so as not to unduly disrupt the employer’s
operations.
FMLA laws can be very complex and the regulations contain
many nuances. For more information on FMLA, contact
your Columbus FMLA employment lawyer today or visit our
Employment Law Blog for more details on speci몭c
situations that might e몭ect your FMLA rights. Our
employment lawyers have won several verdicts on FMLA
lawsuits all over Ohio, including Columbus, Dayton,
Cincinnati, Toledo, and Cleveland. A serious medical

7. condition should not be the basis for termination,
discrimination, or retaliation. We can evaluate whether you
have a claim for FMLA leave, assist you in obtaining FMLA
leave and enforcing your rights under the Act, and getting
you reinstated back to work after your FMLA leave.
Practice Areas
Harassment
Hostile Work Environment
Discrimination
Retaliation
Americans with Disabilities Act (ADA)
Wrongful Termination
Unpaid Overtime
Family Medical Leave Act (FMLA)
Severance Agreements
Employment Contracts
Whistleblower
Denial of Long-Term Disability Bene몭ts
Unemployment Compensation
Employee Retirement Income Security Act (ERISA)
Sexual Harassment
Fair Labor Standards Act (FLSA)
Class Actions
Non-Compete and Non-Solicitation Agreements
Contract Disputes / Breach of Contract
Equal Employment Opportunity Commission EEOC
USERRA
False Claims (Qui Tam)
Fair Credit Reporting Act

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