The Family and Medical Leave Act (FMLA) extends rights to workers across the United States. While Ohio lawmakers have not expanded on the FMLA, the basic federal protections established under this key statute apply to many employees across the state.
Those who work for large enough businesses and who have a year or more of employment history with a company may be eligible for unpaid leave in qualifying circumstances. Workers who need to undergo medical care, support their loved ones or adjust to adding a new child to the family should be able to take leave under the FMLA without worrying about unfair retaliation. Unfortunately, some employers still violate the rights of workers who make use of the FMLA to request unpaid leave.
Denying appropriate requests for leave
The FMLA protects the rights of workers at large enough companies with adequate work history to take up 12 weeks of unpaid leave in some qualifying circumstances. Although employers may have to make some adjustments, such as temporarily transferring coworkers, they should do their best to accommodate appropriate leave requests. Denying a request for FMLA leave without justification might constitute a violation of a worker’s rights.
Counting FMLA leave as an absence
Some employers adopt strict no-fault attendance policies. They allow workers to take a certain amount of leave without penalty but eventually punish them for taking too much leave. Extended FMLA leave, as might be necessary if a worker sustained a sudden traumatic injury in a car crash, could theoretically trigger disciplinary consequences. Categorizing leave taken under the FMLA as an absence to justify disciplining or terminating a worker is likely a violation of that worker’s rights under the law.
Considering leave when making employment decisions
FMLA leave generally relates to protected characteristics, including family status and medical history. Employers should not consider prior FMLA leave when deciding who to promote for a vacant position, who to include in a layoff or whether to continue an employee’s work contract. FMLA leave should not lead to workers losing out on advancement opportunities or regular pay raises. Employers should allow them to return to the same position and to treat them as any other worker after they take their legally-permissible FMLA leave.
Workers dealing with non-compliant employers often feel like they must fight an uphill battle. They may need support learning about their rights and holding their employers accountable. Fighting back against FMLA violations can help people protect their employment and change inappropriate policies at companies.