Employer Obligations Under the Family and Medical Leave Act (FMLA)
Aug. 12, 2025
The Family and Medical Leave Act (FMLA) applies to employers with 50 or more employees within a 75-mile radius. This includes private-sector businesses, public agencies, and educational institutions.
To qualify for leave under the FMLA, an employee must have worked for the employer for at least 12 months and completed a minimum of 1,250 hours during the previous year. They must also work at a location where the employer has at least 50 employees within 75 miles.
Duwel Law has the experience and knowledge in employment law necessary to guide you through an FMLA case. Protecting workers' rights is something that our attorneys take seriously. If you need quality representation in Ohio, including Dayton, and throughout Montgomery County, Miami County, Greene County, Darke County, and Warren County, give us a call today.
When Leave Must Be Granted
Under the FMLA, eligible employees are entitled to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific qualifying reasons.
These reasons include:
The birth of a child and the time to bond with the newborn
The placement of a child for adoption or foster care
A serious health condition that makes the employee unable to perform their job
Caring for a spouse, child, or parent with a serious health condition
A qualifying exigency related to a family member’s active military duty
In some cases, employees may be entitled to up to 26 weeks of leave to care for a covered servicemember with a serious injury or illness, according to the Legislative Service Commission.
Notice Requirements for Employers
Employers have specific notice responsibilities under the FMLA. These aren’t optional. Failing to meet them can lead to liability, even if the employee wasn’t eligible for leave.
Employers must:
Post a general notice about the FMLA in a visible location
Provide written notice of FMLA rights to all new hires
Notify employees when their leave is designated as FMLA leave
Inform employees of any requirement to use paid time off during leave
When an employee requests leave—or when an employer becomes aware of a possible qualifying reason—the employer has five business days to provide eligibility and rights notices.
Certification and Documentation
Employers can request medical certification to support a need for FMLA leave. This must be done in writing and include clear timeframes and consequences for failing to return the certification.
Employers must give at least 15 calendar days for the employee to return the completed form.
An employer may request:
Confirmation that the condition qualifies as “serious”
Dates of treatment or hospitalization
Whether intermittent leave is required
Employers can’t request additional information beyond what is allowed under the FMLA. If the certification is incomplete or unclear, they must give the employee a chance to fix it before denying leave.
Job Restoration After Leave
One of the central protections under the FMLA is job restoration. Eligible employees must be returned to the same or an equivalent position when they return from leave.
An equivalent position means one with:
The same pay
Similar duties and responsibilities
Identical worksite or geographic location
Equivalent benefits and status
Employers can’t punish employees for taking leave. Retaliation—whether in the form of termination, demotion, or reduction of hours—is prohibited and can give rise to legal claims under employment law.
There are some exceptions, such as when a position is eliminated due to a general layoff, but employers must be ready to prove the decision wasn’t related to the employee’s FMLA leave.
Handling Intermittent Leave
FMLA leave doesn’t always have to be taken all at once. In some situations, employees may take leave intermittently or on a reduced schedule. This often happens for ongoing medical treatments, flare-ups of chronic conditions, or caregiving needs.
Employers can request that employees schedule medical treatment to minimize disruption, but they can’t deny leave simply because it’s inconvenient.
Employers may require:
Documentation of the medical need for intermittent leave
Regular updates about the schedule
Recertification in some circumstances
Handling intermittent leave can raise scheduling and productivity issues, but failing to respect the employee’s rights creates far greater legal risks.
Paid Time Off and Substitution
FMLA leave is unpaid, but employers may require employees to use available paid time off (PTO), such as vacation or sick leave, at the same time. This substitution of paid leave is allowed under FMLA rules.
Employers should clearly state their substitution policy in writing and apply it consistently. Otherwise, confusion about whether leave is paid or unpaid can lead to disputes.
Importantly, employers can’t force employees to use paid time off before confirming the leave qualifies under the FMLA. Timing and documentation matter. Clear communication reduces the chance of legal issues tied to employment law claims.
Recordkeeping Requirements
Employers must keep detailed records of all FMLA-related activities for at least three years. This includes:
Requests for leave
Eligibility determination
Notices sent to employees
Medical certifications received
Time taken for FMLA leave
These records must be kept confidential and stored separately from personnel files. Failure to maintain proper records can make it difficult to defend against claims. Under employment law, a lack of documentation can be used against the employer, even when the decisions were justified.
Dealing With Disputes or Violations
If an employee believes their FMLA rights have been violated, they may file a complaint with the U.S. Department of Labor or bring a lawsuit. Employers found in violation may face back pay, job reinstatement, or even liquidated damages.
Common employer mistakes include:
Misclassifying an employee as ineligible
Failing to provide required notices
Retaliating after an employee takes leave
Requesting too much medical information
Denying leave without a proper investigation
When disputes arise, courts and agencies will analyze the employer’s actions and documentation. That’s why following every step carefully helps reduce risk and build trust in the workplace.
Ohio-Specific Considerations
Ohio follows the federal FMLA requirements but doesn’t currently have a broader family leave law. That said, other state laws, such as Ohio’s pregnancy discrimination and disability rights laws, may affect how leave is managed.
Employers in Ohio should also be aware of:
Workers' compensation leave
Disability leave obligations under the Ohio Civil Rights Act
Local ordinances in certain cities related to sick leave or family responsibilities
FMLA is only one part of the broader employment law obligations in Ohio. Employers should review how FMLA overlaps with other leave rights to avoid missteps.
When Termination Occurs During Leave
Sometimes, an employee on FMLA leave may be terminated for unrelated reasons, such as layoffs or documented performance issues. While this is allowed under the law, employers must be prepared to prove the reason was valid and unrelated to the leave.
Termination during or after FMLA leave is one of the most litigated areas in employment law. Employers must show they had a consistent process and sufficient evidence. Otherwise, the termination can be viewed as retaliation.
Employee Responsibilities
Employers aren’t the only ones with obligations under the FMLA. Employees must also follow certain steps to receive protection. They are expected to:
Give 30 days’ notice for foreseeable leave, when possible
Provide sufficient information to alert the employer that the FMLA may apply
Return requested certification forms in a timely manner
Communicate status updates if leave timing changes
If an employee fails to meet these responsibilities, the employer may deny or delay the leave without violating employment law.
Preventing Misuse and Abuse
While most employees use FMLA appropriately, some employers worry about misuse. To prevent abuse, employers can:
Require certification and re-certification
Track leave use carefully
Ask for clarification if patterns (e.g., leave every Friday) emerge
Investigate if there's evidence of dishonest conduct
Employers, however, must proceed with caution. Mere suspicions are insufficient to deny leave or take disciplinary action. Employees are legally protected when using leave for valid medical or family reasons.
Training and Internal Procedures
To stay compliant, employers should develop internal processes for handling FMLA requests. This includes training HR staff, educating managers, and reviewing policies regularly.
Effective procedures include:
Clear documentation templates
Written notice forms
A process for tracking intermittent leave
Confidential storage for medical documents
When managers understand what the FMLA requires, they’re less likely to violate the law unintentionally. Inconsistent responses or vague policies can lead to confusion and potential liability under employment law.
Reach Out to an Experienced Employment Law Attorney Today
If your business is covered by the FMLA, meeting your obligations isn’t just a formality—it’s essential. Every step, from providing notices to reinstating employees, must be handled with care. Based in Dayton, Ohio, Duwel Law serves clients in Montgomery County, Miami County, Greene County, Darke County, and Warren County. Reach out today to get legal assistance and advice for your FMLA case.