Q: I am a part-time OT working in a SNF in Ohio. I have 6y of exemplary work history with the same company. I am also
currently a full-time graduate student. My sons school closed and my child care provider is closed. I requested 2 weeks leave to care for my son and find alternative childcare. There are other OTs available to cover my caseload until I can return. My employer threatened to report me to state for "abandonment" or terminate me for having to stay home. I only need time to cover my childcare so I can return to work. Can they terminate me? Can they report me to the state board? Also, my situation does not meet the state definition of abandonment yet my manager is telling other I abandoned my patients when I have not. Is this slander? It will hurt my prospects to further my career. Please help me!
A:
Under the new Paid Sick Leave Act and Emergency Paid Family and Medical Leave Act you should be eligible for paid time off to care for your son while his school is closed and no caregiver is available. Your employer can pay for the paid leave with a tax credit. In addition, your employer cannot retaliate against you for taking time off or for asking to be paid for it.
If you need legal help obtaining your paid leave or time to care for your son, or if your employer retaliates against you, call me at 330.665.5745 and refer to this question. In the meantime, here is an article about the new law.
https://www.ekrtlaw.com/articles/Paid-Coronavirus-Sick-Leave-and-Emergency-FMLA-FAQs.html
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
