FMLA

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Ohio lawmakers have introduced Senate Bill 396, a proposal that would create a statewide paid family and medical leave program for Ohio workers. The bipartisan bill would establish an insurance fund providing partial wage replacement benefits for employees, independent contractors, and business owners who take qualifying family or medical leave. If enacted, the proposal would significantly expand leave protections in Ohio beyond the unpaid leave currently available under the federal Family and Medical Leave Act (FMLA), creating new compliance considerations for Ohio employers.

Continue Reading Ohio paid family and medical leave bill would expand benefits beyond FMLA

Employers with over 50 employees regularly address employees’ requests for leave under the FMLA. When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now. Most employees went to a main worksite and job applicants came to a location to apply for employment. In today’s work environment, many employees work remotely and most job applications are submitted online. Yet, employers must grapple with the FMLA’s requirements within the confines of the new, often remote, modern workforce. 

Continue Reading FMLA and the modern workforce

COVID-19 has presented employers with leave challenges not only for those currently suffering from COVID-19, but also for employees who have lingering residual symptoms, sometimes referred to as “long COVID.” While the effects of routine COVID-19 cases often have a limited impact on the workplace, more difficult accommodation issues can result from long COVID.
Continue Reading Long COVID implications under FMLA and ADA

Does a broken toe amount to a serious health condition under the Family and Medical Leave Act (FMLA)? According to the U.S. District Court for the Southern District of Ohio, it depends on the circumstances. The Southern District recently held that an employee’s FMLA interference claim can go to trial after there was a dispute as to whether his broken toe constituted a serious health condition and whether he provided sufficient notice to the employer of his need for FMLA leave.
Continue Reading A broken toe and voicemails may be sufficient for FMLA interference claim