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Can Your Employer Fire you for Taking Leave in Order to Care for Your Children During the COVID-19 Pandemic

On Behalf of | Apr 1, 2020 | Employment Law

Employers who have less than 500 employees likely cannot terminate them for taking off work in order to care for their children. Currently, Ohio Schools are closed for business. Many parents do not have someone available to watch their children. Working parents for the first time are also becoming home-school teachers. These parents are faced with the difficult decision of continuing to work or taking leave to care for their children. As part of the federal government’s COIVID-19 response, Congress has passed the Emergency Family Medical Leave Act (“EFMLA”).

Under the EFMLA, employers with less than 500 employees are required to provide some paid leave for parents who need to care for their children with only certain exceptions. Thus, parents may have the right to a partial salary while they care for their children. However, if the employee can work remotely, they are likely required to do so. If the employer would go out of business in order to make these accommodations, the employer may be exempt from this new law.

More importantly, employees are protected against retaliation for availing themselves of these rights. If you are terminated for seeking leave in order to care for your child at home, you might have a claim against your employer for retaliation.

If you are terminated for requesting or taking leave to care for your children, or your employer is refusing you paid leave or remote work, you should call an experienced employment attorney to evaluate your case. At Godbey Law, we have a team of experienced employment attorneys who can evaluate your claim.

By Matt Miller-Novak, Esq

Have an Employment Law question? Godbey Law LLC offers free consultations.  Contact us today at 513-241-6650 or email