Some Kentucky and Ohio employers must provide employees unpaid medical leave. The Family and Medical Leave Act (“FMLA”) requires some employers to provide their employees unpaid family and medical leave. At Thompson Legal LLC, we are dedicated to ensuring that employees understand their rights under the FMLA and receive the support they need to assert those rights.
The FMLA provides for job security while on leave. During FMLA leave employees cannot lose any accrued benefits, including life insurance, health insurance, sick leave, annual leave, and pensions. While on leave the employer must maintain the employee coverage under any group health plan at the same level and condition that would exist if the employee were not on leave.
Employees who have requested FMLA leave or have taken FMLA leave have protections:
FMLA does more than provide unpaid time off. It also protects the employee’s job. When FMLA leave ends, the employer must return the employee to the same position or a similar one with the same pay, benefits, and working conditions. Retaliation for requesting or using FMLA leave is unlawful. An employer may not punish, demote, discipline, or terminate an employee because they used their FMLA rights. When an employee has requested FMLA leave or taken FMLA leave, an employer cannot:
- Fail to reinstate the employee to their job or a substantially equivalent position after leave.
- Refuse to authorize qualified FMLA leave
- Discourage an employee from using FMLA leave
- Use FMLA leave as a negative factor in employment actions (such as promotions or demotions)
- Count FMLA leave as an absence under attendance policies
- Retaliate against the employee
How Much Unpaid Leave do I get Under the FMLA?
Employees who are eligible for FMLA leave can take up to 12 workweeks of unpaid leave per year. This leave can be continuous (12 weeks in a row) or intermittent (spread out). An employee is entitled to leave only if it is medically necessary.
Only employees who have worked for the employer for at least 12 months as of the start date of the FMLA leave to qualify for FMLA leave.
Is my Employer Required to Provide FMLA leave?
To qualify for FMLA, an employee must meet several requirements:
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The employer must have at least 50 employees within a 75 mile radius
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The employee must have worked for the employer for at least 12 months
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The employee must have worked at least 1,250 hours during the previous 12 months
Both Kentucky and Ohio follow these federal standards. Meeting all three requirements is necessary before FMLA protections apply.
What Reasons Can an Employee take FMLA leave for?
The FMLA enables employees to take unpaid leave for any of the following reasons:
- The birth or adoption of a child; or
- To care for themselves because they suffer from a serious health condition that makes the employee unable to perform the essential job functions; or
- To care for a spouse or child who suffers from a serious health condition.
What is a Serious Health Condition Under the FMLA?
The FMLA defines a “serious health condition” as an illness, injury, impairment, or physical or mental condition that involves: (1) inpatient care in a hospital; or (2) continuing treatment by a health care provider.
How Much Notice Must I Provide My Employer Before I Take FMLA Leave?
Employees must give 30 days’ notice when the need for leave is foreseeable. This request for leave can be oral or written.
If possible, employees should also try to schedule leave to avoid disruptions in the business. If the employee is not able to provide a 30-day notice, the employee should inform the employer as soon as possible about the need for leave.
Can my Employer Demand Medical Proof that I Need FMLA Leave?
An employer does not have to take the employees’ word that FMLA leave is needed. The employer may ask for certification from a health care provider that states:
- The date that the serious health condition began,
- The probable duration of the serious health condition, and
- The health care provider’s knowledge of the appropriate medical facts.
Employees must return certification within the required time frame. Employers may not ask for unnecessary details or private medical information beyond what the law allows.
Health Insurance Protection
During FMLA leave, the employer must continue group health insurance coverage under the same terms as if the employee were still working. This protection is important for employees in Kentucky and Ohio who face medical challenges and cannot risk losing coverage.
FMLA and Pregnancy
Pregnant employees often qualify for FMLA when they face complications, require time off for childbirth, or need recovery time after delivery. This protection works alongside the Pregnancy Discrimination Act and the Pregnant Workers Fairness Act.
Common reasons for pregnancy related FMLA include:
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Prenatal appointments
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Pregnancy complications
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Doctor ordered bed rest
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Childbirth and recovery
Employees can use FMLA even if they also request reasonable pregnancy accommodations.
What To Do If You Believe Your FMLA Rights Were Violated?
Employees who suspect FMLA interference or retaliation should:
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Document all interactions and decisions
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Save emails, texts, and written notices
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Keep a record of medical documents and certifications
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Write down any discipline or negative changes after requesting leave
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Speak with an employment attorney who understands Kentucky and Ohio law
Legal guidance can help you understand your options and protect your job and rights.
Contact Our Employment Attorneys For A Case Evaluation
If you have been denied FMLA leave or experienced retaliation for requesting FMLA leave, it’s crucial to take action to protect your rights. Thompson Legal LLC is here to help you navigate your FMLA rights and pursue justice. Call or text us today at 502-366-2121 for a case evaluation if you have any Kentucky or Ohio employment issues.