The Basics of FMLA
If you are a working parent in Ohio, then you should be familiar with the Family and Medical Leave Act (FMLA). The FMLA is a federal law that was enacted in 1993 to help employees balance the demands of work and family by allowing eligible employees to take up to 12 weeks of job-protected family leave.
This blog post from Hux Law Firm will provide an overview of the Family and Medical Leave Act — including who is eligible for leave, how much leave is available, and what types of leave are covered by the FMLA. We will also debunk some common myths about the FMLA to ensure Ohio workers are as informed as possible.
Who Does The FMLA Apply To?
FMLA compliance applies to all employers with 50 or more employees, and employees who have worked for the same employer for at least 12 months and have logged at least 1250 hours during that time are eligible for FMLA job-protected leave. An eligible employee is entitled to up to 12 weeks of unpaid leave per year for certain medical and family reasons — which can be taken all at once, or in increments of days or weeks.
Employees who take FMLA leave are entitled to reinstatement to his or her job, the same or equivalent position, and the same pay, benefits, and working conditions. Covered employers may not retaliate against employees who take FMLA leave.
What Type of Leave is Covered by FMLA?
FMLA covers many types of appropriate paid leave beyond standard parental leave. Some other types of leave covered by FMLA include:
- Leave for the employee’s own serious health conditions or medical reasons
- Pregnancy and childbirth
- Care for a newborn child
- Adoption or foster care placement
- Care for a family member with a serious health condition, serious illness, or serious injury
- Military Caregiver leave for deployment or covered active duty status
The FMLA does not cover every possible leave situation. For example, the law does not require employers to provide paid leave, and it does not cover leaves of absence for vacation or personal time off. However, if an employer has its own policy that provides paid leave or other types of leave, then those policies may be used to supplement the FMLA.
Common Misconceptions About FMLA
While many people believe that they can only take FMLA leave if they have a baby, the FMLA can be used for other forms of family reasons as well — such as caring for sick family members, or tending to your own serious health condition. Additionally, the FMLA does not require employers to provide eligible employees health insurance while on leave, but many employers choose to do so, among providing other employee protections.
FMLA leave is also not limited to a flat 12-week period, and in some cases employees may take intermittent leave or work on a part-time basis.
Hux Law Firm Can Help with FMLA
If you think you may be eligible for FMLA leave benefits, we encourage you to speak with your employer or human resources department. You may also contact our office for more information about your rights under the FMLA and the Department of Labor. Hux Law Firm is here to help you navigate the often confusing world of employment law, and we look forward to assisting you in any way we can.
