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:
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?
Essentially any employer who employers 50 or more employees (within 75 miles) for 20 or more weeks a year must provide their employees FMLA leave.
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.
Contact Our Employment Attorneys For A Free Consultation
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 free consultation if you have any Kentucky or Ohio employment issues.