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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18790
Experience:  Employment/Labor Law Litigation
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Please explain my basic right in the FMLA IN OHIO. I have

Customer Question

Please explain my basic right in the FMLA IN OHIO. I have worked for a secondary school for 20 years and used all my sick and vacation. The attendance issue was used against me in two evaluation and staff began to complain of my short notice of needing time off and the hardship this is causing the administration staff and secretaries. My diagnosis is spondylollsthesis and stenosis. Some day I need to take medication not permitted for an employee to take on the job for pain. Will this situation be a violation under the FMLA in Ohio if I use a 3-5 days and take the medication for pain? Where do I do I find The Employee's to the Family and Medical Leave Act...United States Department of Labor? I gave my employer notice that I would like FMLA. How long will I have to wait to notified that I qualify. As you read my questions, you know this is my first time wanting FMLA. I want know my rights and be terminated for something I missed.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 4 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

A person is permitted to request and take FMLA leave any time they need to be off from work due to a serious health condition. If you need periods of time from work, you'll be eligible.

To be eligible though, you have to have worked at the location for at least 12 months, you have to have worked at least 1250 hours in the last 12 months, and the employer has to have at least 50 employees within 75 miles of where you work.

You can find the text of the Family Medical Leave Act in the Code of Federal Regulations, here: Code of Federal Regulations, 29 CFR 825.

If your employer was aware that you were missing time from work due to a medical issue, they should have informed you of the right to use FMLA instead of using the attendance issue against you. They technically have already violated the FMLA then. Your employer should be responding quickly to this request and if they do not, you need to file an enforcement action against the employer with the Department of Labor.

You can have a doctor certify you for intermittent use of FMLA, based on the need to take periods of time off on a very short notice basis. You still are only entitled to 12 weeks of time off that is protected under the FMLA, but it doesn't have to be taken in well-defined and pre-planned blocks. You can take it in 15 minute increments even, so there is no legal issue with fragmenting it.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 4 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.