More details to this question:
I am out on short term disability for a pregnancy and requested the additional 4 weeks unpaid time off directly after std was over. My company denied me stating that I wasn't eligible for the time because I haven't been with the company a year. I was just on fmla last month before the baby was born .They are not counting my temp time with the company. I was under the impression I wouldn't be returning for another month and I do not have childcare in place until that time. They stated that if I don't return after my std that I will be fired for attendance/no show. According to the DOL I am eligible for this time. If i am unable to go back on the date they are requesting would I be eligible for unemployment since I am being wrongfully denied fmla? If they would grant the time that I'm entitled to then this wouldn't be an issue for me.
2 ANSWERS
Sharon Adams
First, regarding your eligibility for FMLA: if you have been with the company for 12 months (including temp time) and you have worked 1250 hours, you are eligible for 12 weeks of FMLA. If you've already used some FMLA time, you need to be careful about counting your weeks of eligibility.
Regarding unemployment, if the company denies your request for additional leave and you are terminated, you will be eligible for unemployment once you are released to return to work by your doctor. In Ohio, if you are "ready, willing, and able to work" and you are terminated "through no fault of your own" then you are eligible for unemployment. The Ohio Department of Job and Family Services administers unemployment. They will want to see your doctor's release.
Finally, you should explore a pregnancy discrimination claim against your employer. From the facts in your question, I can't tell if it applies here, but it's worth considering.
Answered on Apr 24th, 2015 at 7:17 AM
You need to speak with an employment attorney immediately. Is your std time also FMLA? Sometimes these run concurrently (at the same time) so you may have exhausted your FMLA. However, if you have not exhausted your FMLA, then you would have a right to unemployment and probably a lawsuit. You may contact my office at your convenience for a free consultation.
Ohio FMLA attorney www.mcoffmanlegal.com
Answered on Apr 24th, 2015 at 6:49 AM
Matthew J.P. Coffman The answer provided is not legal advice and it is recommended that you seek advice of an attorney. My office # is 614-949-1181.