Human Resource Blog

FMLA Ohio

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What happens if we have an employee that would like to take FMLA time off in order to care for a sick pet in Ohio?

The Family and Medical Leave Act does not cover time off for employees that wish to care for employees. However, the FMLA does cover time off for a variety of other reasons, including time off in order to care for the employee’s own medical conditions as well as time off in order to care for medical conditions of covered family members.

In order for an employee to qualify for time off, the employee needs to meet some specific requirements. First, the employee needs to have worked for the same company for at least 20 weeks out of the preceding year or a total of 1,250 hours. Those 20 weeks are not required to be consecutive.

Also, the employee needs to work for a company that is covered for FMLA time off. In order for a company to be covered, the company needs to have at least 50 employees that work within a 75-mile radius of the employee.

When an employee qualifies to receive FMLA time off, the employee may take up to 12 weeks off of work to tend to a qualifying medical condition for a qualifying family member. Those conditions and family members include the following:

·         The employee member himself or herself

·         A parent of the employee, as long as the employee is at last 18 years old and the parent is a biological parent (in-laws do not qualify for coverage)

·         A child of the employee, as long as the child is under the age of 18

·         A spouse of the employee

·         The employee may also take time off of work for the birth of a child, to adopt a child, and when the employee takes a child in through foster care

Upon returning to work, the employee should receive the same job or an equivalent job as well as the same salary and benefits that the employee had prior to taking the FMLA leave. CB