Are You Eligible for Medical Leave Under the Family and Medical Leave Act (FMLA)?

Are You Eligible for Medical Leave Under the Family and Medical Leave Act (FMLA)?

Greg Mansell

Greg Mansell

February 6, 2020 10:39 AM

Am I entitled to medical leave under the Family and Medical Leave Act (FMLA)? What are the FMLA eligibility requirements and qualifications in Ohio?

Do you or a family member suffer from a serious medical condition or do you have an upcoming surgery? If you need medical leave from work, you could be entitled to protected leave that guarantees your job when you return to work. Our Columbus, Ohio employment lawyers break down the ins and outs of FMLA eligibility.

Eligible individuals who are employed with a covered employer are entitled to take medical leave pursuant to the Family and Medical Leave Act.

Employers are covered by the FMLA 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.

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 off 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 transitioning 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 sufficient 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 FMLA 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 for leave as soon as practicable. Employees must always follow their employer’s usual call-off 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 certification 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 certification to his or her employer.

If you have questions related to your rights under the FMLA, contact our Columbus, Ohio Employment Lawyers for a free consultation.

Mansell Law, LLC

Employment Attorneys in Columbus, Ohio

1457 S High St, Columbus, OH 43207

Related Articles

New England States With Incoming Legislation

by Gregory Sirico

Best Lawyers takes an in depth look at newly proposed bills, litigation and cases coming out of four New England states.

New England Laws Taking Effect in 2022

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees

by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Best Lawyers: Ones to Watch in America for 2023

by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

The Best Lawyers in South Africa™ 2023

by Best Lawyers

Best Lawyers proudly announces lawyers recognized in South Africa for 2023.

South African flag

Could Reign Supreme End with the Queen?

by Sara Collin

Canada is revisiting the notion of abolishing the monarchy after Queen Elizabeth II’s passing, but many Canadians and lawmakers are questioning if Canada could, should and would follow through.

Teacup on saucer over image of Queen's eye


2022: Another Banner Year

by John Fields

Block O’Toole & Murphy continues to secure some of New York’s highest results for personal injury matters.

Three men in business suits standing in office

Famous Songs Unprotected by Copyright Could Mean Royalties for Some

by Michael B. Fein

A guide to navigating copyright claims on famous songs.

Can I Sing "Happy Birthday" in Public?

Announcing the 2023 The Best Lawyers in Canada Honorees

by Best Lawyers

The Best Lawyers in Canada™ is entering its 17th edition for 2023. We highlight the elite lawyers awarded this year.

Red map of Canada with white lines and dots

Wage and Overtime Laws for Truck Drivers

by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

What the Courts Say About Recording in the Classroom

by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Thirteen Years of Excellence

by Best Lawyers

For the 13th consecutive year, “Best Law Firms” has awarded the most elite and talented law firms across the country through a thorough and trusted data review process.

Red, white and blue pipes and writing on black background

The Upcycle Conundrum

by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Choosing a Title Company: What a Seller Should Expect

by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

Caffeine Overload and DUI Tests

by Daniel Taylor

While it might come as a surprise, the over-consumption of caffeine could trigger a false positive on a breathalyzer test.

Can Caffeine Cause You to Fail DUI Test?

Announcing The Best Lawyers in Australia™ 2023

by Best Lawyers

The results include an elite field of top lawyers and firms from Australia.

The Best Lawyers in Australia™ 2023

Announcing the 2022 Best Lawyers® in the United States

by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

Announcing The Best Lawyers in Germany™ 2023

by Best Lawyers

The results include an elite field of top lawyers and firms from Germany.

Black, red and yellow stripes