The Law Office Of

Neal Jacobs

8118 Corporate Way, Suite 110, Mason Ohio 45040

NJ

Family Medical Leave Act

The FMLA: Eligibility for Employees Suffering from a Serious Health Condition.

The Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq. (“FMLA”) permits eligible employees to take twelve workweeks of leave within a twelve-month period if they are unable to perform their job function as a result of a “serious health condition”. 29 U.S.C.§2612(a)(1)(D). In furtherance of these rights, the FMLA provides that an employer may not interfere with, restrain, or deny the exercise of any right provided by the FMLA.

FMLA LAW Family Medical Leave Act Ohio The FMLA contemplates two theories of recovery. In order to prevail on a claim of interference with FMLA rights, the employee must demonstrate that:

  1. they were eligible for FMLA protection;
  2. they were covered by the FMLA;
  3. they were entitled to FMLA leave;
  4. they provided sufficient notice of their intent to take leave; and
  5. the employer denied the employee benefits to which they were entitled.

A second theory under that statute is that an employee’s termination was in retaliation for their attempt to obtain FMLA leave. These types of retaliation claims are analyzed under a framework of “burden shifting". This means that the employee must first establish a prima facie case of employment discrimination; second, that the employer may then offer a nondiscriminatory reason for its adverse employment action; after which the employee may then show that the employer's proffered explanations were pretextual, or an unsubstantiated excuse.

 

Employment Lawyer

Litigating wrongful termination, employment discrimination, harassment, Family Medical Leave Act, and retaliation claims.

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Business & Litigation

Advising and supporting commercial clients to achieve their business goals. Neal aggressively litigates those disputes.

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Family Law Attorney

Representing parties in all aspects of family law, including divorce and dissolution, support, shared parenting, and custody proceedings.

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Real Estate Law

Representing landlords and tenants in negotiating, drafting and preparing documents for the sale or lease of residential and commercial real estate.

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