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.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Require those on FMLA leave to call in sick, just like any other employee
- Can you ban workers from moonlighting during FMLA leave?
- Tell bosses: Don't play doctor with the FMLA
- Department of Labor to study FMLA usage; may signal more upcoming regulatory changes