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  • Suspended at work

    My employer suspended me after I missed 4 days of work because my mother fell and broke her hip and I had to help.
    Is it legal to suspend me without pay for that? What can i do about it? Thanks!!

    Ohio

  • #2
    Family Medical Leave Act--for employers with over 50 employees

    The FMLA states, in part, that an employee shall be entitled to a total of 12 administrative workweeks of leave during any 12-month period for one or more of the followingto care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.

    Hope this helps!

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    • #3
      The (FMLA) guarantees eligible employees up to 12 weeks of unpaid leave each year with no threat of job loss. It also requires that employers covered by the law maintain the health benefits for eligible workers just as if they were working.

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      • #4
        I wish to inform you that Ohio is an at will employment state and thus your employer may terminate your employment at any time or you may leave your employment at any time. However if reason for your suspension is lack of providing leave because of medical reasons for your family members and your employer is covered under FMLA guidelines then you may seek compensation based upon your unfair suspension and non payment of wages. You may contact U.S. Department of Labor Wage and Hour Division having jurisdiction over your area. The three offices of U.S. Department of Labor, Wage and Hour Division in Ohio are 550 Main St. Suite 10-277, Cincinnati, OH 45202 or 1240 E 9th St, Room 817, Cleveland, OH 44199-2054 or 200 N High St. Room 646 Columbus, OH 43215-2408.

        AFF

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        • #5
          Originally posted by Kandy Kane View Post

          Is it legal.
          It is if you don't qualify for FMLA.

          Originally posted by Kandy Kane View Post

          suspend me without pay
          No work. No pay. You've been fired.

          Originally posted by Kandy Kane View Post

          What can i do about it?
          File for unemployment benefits right now so you don't lose any.

          Seek employment elsewhere.

          Comment


          • #6
            If the following employer requirements apply, file for UI and see the determination. You file for reinstatement with the state, but would be required to repay any UI received. It is unlikely you will collect UI, but file a complaint with the state for reinstatement if you did the following; First, did you supply your employer with a note from a medical practitioner certifying the need for leave? Second, does your employer meet the following requirements: Employers in Ohio are subject to the FMLA if they have at least 50 employees for at least 20 weeks in the current or previous year.

            Employees are eligible for FMLA leave if:
            • they have worked for the company for at least a year
            • they worked at least 1,250 hours during the previous year, and
            • they work at a location with at least 50 employees within a 75-mile radius
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

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            • #7
              Originally posted by Kandy Kane View Post
              My employer suspended me after I missed 4 days of work because my mother fell and broke her hip and I had to help.
              Is it legal to suspend me without pay for that? What can i do about it? Thanks!!

              Ohio
              The first thing you should do is to determine what type of employment arrangement you had. Ohio is an "at-will employment" state. A qualified lawyer can provided you more information if there is a legal basis for a claim. He can guide you through the legal process.

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              • #8
                Thank you!
                I will be folluwing up on all this and I REALLY appreciate the comments.

                Comment


                • #9
                  I was reinstated and the employer apologized---thanks to all of you. Love this site!

                  Comment

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