Exploring Your Rights: How Long Can You Take Medical Leave from Work?

Taking time off for Medical reasons can be overwhelming, especially when you’re unsure about your job security. It’s important to know your rights as an employee and how long your Employer is legally obligated to keep your position open. In this blog post, we’ll dive deeper into your rights regarding medical leave and clarify how long you can confidently take time off without jeopardizing your job.

The following is not legal advice. It is general information meant to educate. Please consult a Cincinnati wrongful termination lawyer for legal advice and guidance.

It’s important to note that the Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. However, this only applies to certain employers and employees. To be eligible for FMLA, an employee must have worked for their employer for at least 12 months, have worked at least 1,250 hours during the prior 12 months, and work at a location where the employer has at least 50 employees within 75 miles. Under the FMLA, employers are required to hold a job for the duration of their leave and return the employee to the same or equivalent position upon their return. Intermittent vs Continuous FMLA

Outside of FMLA, the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities. This could include medical leave as accommodation. However, the ADA does not provide specific guidelines for how long an employer must hold a job on medical leave. Essentially, no set leave period is mandated because accommodation depends on individual circumstances and should generally be granted unless doing so would result in “undue hardship” for the employer. Instead, the length of leave will depend on the individual’s specific situation and the nature of their disability. Generally, the employer must engage in an interactive process with the employee to determine what accommodations are necessary.

Discover Your Rights: The Family Medical Leave Act (FMLA)

If you plan to take leave under the FMLA, it is imperative that you know when you are eligible for medical leave, what conditions are covered, and what your employer’s responsibility is to you. Specifically, federal law covers:

• Caring for a new child after adoption, birth, or foster care placement
• Recovering from a serious medical condition
• Taking care of a family member with a medical condition or disability
• Providing care for a military service member who was injured.
• Qualifying exigencies related to military service.

But what exactly are qualifying exigencies? Qualifying exigencies are when you need to take leave because of a family member’s military service. This can include concerns over children or parents attending military events, handling financial concerns, or attending therapy. You can find more details on exigency leave at the U.S. Department of Labor’s website.

Additionally, FMLA leave may be offered alongside paid parental leave, but keep in mind that your company’s parental leave policy will differ based on your state and your employer. You can stay informed about your company’s current leave policies by reaching out to human resources. You will also likely find this information in your employee handbook.

It is worth mentioning that some employers may have their own policies or collective bargaining agreements that dictate how long jobs will be held during medical leave. It is important to review your employer’s policies and documentation and to speak with a human resources representative or union representative if you have any questions or concerns.

Navigating medical leave and job retention can be overwhelming, but it is important to understand your rights as an employee. FMLA, ADA, and state laws provide certain protections for employees who need medical leave, and it is important to familiarize yourself with these laws and regulations. Additionally, you are encouraged to review your employer’s policies and documentation and to communicate with your employer about any necessary accommodations. By understanding your rights and working with your employer, you can make informed decisions about your health and employment.

The Friedmann Firm’s team of experienced Cincinnati employment lawyers concentrates on ensuring that employees are paid fairly, that unlawful discrimination and harassment in the workplace are addressed, and that employees are aware of their rights following termination. They pride themselves on successfully representing clients throughout Ohio and deeply understanding how the legal system works for employees. They offer free and confidential initial consultations.

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