Q. An employee recently requested a leave of absence because her husband left for Afghanistan. We denied her request. Now, I’m worried that we may have acted wrongly. Did we?
A. Beginning on July 2, 2010, Ohio employers with 50 or more employees are required to provide leave for employees who are a spouse, parent or legal custodian of a person who is a member of the uniformed services and who is called into active duty, or who is injured, wounded or hospitalized while serving on active duty.
Employees are eligible for leave only if they have been employed for at least 12 consecutive months and for at least 1,250 hours in the 12 months immediately preceding the leave.
Leave is limited to once per calendar year. Employees are entitled to the lesser of 10 workdays or 80 work hours of leave. The dates on which an employee takes leave cannot occur more than two weeks prior to or one week after the deployment date.
Employees also enjoy job restoration rights after the conclusion of the leave.
- Counting paid time off as FMLA leave? Tell employee you're running them concurrently
- You can require absent employees to follow call-In process
- FMLA intermittent leave and hours worked
- Worker who can't perform her job isn't entitled to intermittent leave
- Be prepared to show court that your rules are fair