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New Ohio Military Leave and FMLA Military Leave

We have posted an alert regarding Ohio's new military leave law, which takes effect on July 2, 2010. An initial question that the new law raises is how it compares to and interacts with the FMLA’s provisions for military leave. At present, the answer is not clear but there are a couple of points worth noting.

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Right to Start FMLA Leave Not Absolute

Here is a scenario that I’ve seen many times:  An employee does something bad that will likely lead to termination; while the employer is investigating and deciding what to do next, the employee submits FMLA paperwork requesting leave. 

Maybe I’m a cynic but it’s possible that the employee doesn’t really need FMLA leave. 

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