In Ohio, most employers must make contributions for unemployment insurance for its employees. This is called “covered employment.” A worker in Ohio may receive unemployment benefits provided the following qualifying requirements are met:

• The worker is not employed at the time of filing.

• The worker had a minimum of 20 weeks of covered employment during the “base period,” or “alternate base period.”

• The worker earned a minimum average weekly wage during the relevant base period, $220 currently, though the amount changes yearly.

In addition to the foregoing, the worker must not be out of work because the employer had “just cause,” to end the employment or, in the case of a worker who quits their employment, the worker is required to have just cause for the decision to do so.

If a worker is let go as a part of a layoff or a plant closing, or a position was abolished, because of a lack of work, the worker will generally qualify.

A worker generally may not collect benefits if they were fired for careless work, neglecting the job’s obligations and responsibilities or violated company rules and policies the worker knew or should have known about. Such a termination must, however, be consistent with that of a ordinary employer under similar circumstances.

If a worker has just cause to terminate their employment, they may also be eligible. Examples could include:

- A worker required to work under conditions that violate legal health or safety standards

- A worker subjected to harassment or humiliation

- A worker whose position is fundamentally altered such that it is not possible for the worker to complete their duties or work without substantial hardship

- A worker whose employer has not fulfilled the conditions of an employment a agreement or complying with wage and hour laws

- A worker who is locked out in a labor dispute may be eligible

To maintain eligibility, a worker must be available for work relating to her trade or occupation. The worker must also be available for suitable work for any shift of any trade or work consistent with her training and experience.

A worker must make a a good faith effort to find work and keep a written record of your weekly search efforts in the area where she worked or where work is normally performed.

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This blog is written and published by Laufman & Napolitano, LLC

The Family Medical Leave Act (FMLA), is federal legislation applying to certain public and private employers. The act guarantees eligible employees 12 weeks of unpaid leave in a 12-month period for certain family medical matters or for newborns, adoptees or foster child placements.

The FMLA applies to public agencies and school employees as well as to employers of 50 or more workers within 75 miles of the worksite. Employees must have worked at least 12-months for these employers or 1,250 hours within the preceding year.

Covered Circumstances

● Prenatal care

● Care for a newborn child, new adoptee if under 16 and if the employee has become a foster parent in the past years.

● To care for immediate family members with a serious medical condition.

● If the employee has a serious medical condition and is unable to work

Serious medical conditions may include being hospitalized, incapacitated for three consecutive days from work or under continuous treatment from a healthcare provider. Ongoing treatment can also mean taking prescription medications and not necessarily having to see a healthcare provider.

Employees can be required to provide a 30-day notice to their employers if the condition is reasonably foreseeable. They may also be required to provide a medical certification to their employer.

An employer may require the employee to take paid leave before the unpaid leave applies, so long as the employee has been advised. Health benefits must also be maintained for the employee.

Upon return, the employee must be reinstated to their job or its equivalent along with any salary and accrued benefits. The job may not be reinstated if the employee would have been terminated anyway or if it would impose an extreme economic hardship on the employer.

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This blog is written and published by Laufman & Napolitano, LLC

The most recent figures from the U.S. Department of Labor/Bureau of Labor Statistics concerning how we Americans spend our time are interesting.  Looking at households with persons aged 25 – 54 with at least one child under the age of 18, the average numbers are:

                                    Hours

Working                     8.2      

Sleeping                      7.6

Leisure and sports      2.6

Other                          2.4

Caring for others        1.1

Eating and drinking   1.1

Household activities   1.0

Total                            24.0

According to these numbers, we spend 15.8 hours each day between work and sleep.  That is nearly 2/3rds of our life spent in a less-than-fully-conscious state!  Though the sleeping number seems high to me, I suspect the sum of these two is accurate.  Striking to me is what little time we devote to our families and ourselves.  Statistics such as these serve to illustrate the great importance of a safe and equitable workplace.