Legal Question in Medical Leave in Ohio

Do I qualify

started job in 10-05 granted general 6 month intermittent medical leave 7-13-06 for treatment of breast cancer. I was called by HR last Thursday and terminated as of 2-1-07. Do I qualify for FMLA I worked enough hours and have now been there for 15 months.


Asked on 1/16/07, 3:33 pm

1 Answer from Attorneys

Eileen Joyce Baughman & Joyce LLC

Re: Do I qualify

If you started 10/05, then you would not have been eligible for FMLA leave until 10/06 at the earliest. To be eligible, you must (1) be employed by the employer for 12 months and (2) have worked at least 1250 hours during the 12-months immediately preceeding the leave. If you worked at least 1250 hours between 10/05 and 10/06, then you would have become eligible starting 10/06. In addition, to be eligible, your employer must be a covered employer. This means that your employer must have employed 50 or more employees within 75 miles of your worksite for at least 20 weeks during the year the leave starts or during the prior year. If the above requirements are met, then you should qualify for FMLA leave. However, even if these requirements are not met, the employer may have been obligated to provide accomodations for your treatement under state and federal discriminitation laws.

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Answered on 1/16/07, 4:27 pm


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