Under the new law, employers must provide reasonable unpaid breaks for lactating employees to express breast milk. Employers must furnish a private location, other than a bathroom, for the breaks. The employer must provide lactation breaks for up to one year after the child's birth. The new law does not specify how many breaks must be provided each day or the length of the lactating breaks.
The Patient Protection and Affordable Care Act includes the new amendment to the Fair Labor Standards Act regarding breaks for nursing mothers. Employers with less than 50 employees may be exempt from providing breaks if the breaks would cause an "undue hardship" by causing the employer significant difficulty or expense. Employers with 50 or more employees are required to follow the statute's requirements.
Sunday, April 18, 2010
Sunday, April 4, 2010
Ohio Name Change of Minor Child
Ohio Name Change Procedures For Minors
The Ohio Revised Code sets forth the filing and notice requirements that apply to name change petitions filed on behalf of minors. The application may be filed on by the child’s parent, legal guardian, or guardian ad litem. If one of the parents does not consent, he or she must be notified of the hearing by several methods.
To change the name of a minor by a minor's parents, a legal guardian, or a guardian ad litem an application is filed with the court. Notice and proof is required and the consent of both living, legal parents of the minor shall be filed, or notice of hearing given to parent or parents not consenting. If there is no known father of the minor, the notice shall be given to the person who the mother of the minor alleges to be the father. If no father is so alleged, or if either parent or the address of either parent is unknown, notice pursuant to Ohio Revised Code shall be sufficient as to the father or parent.
Ohio courts are required to decide whether the proposed name change would be in the child's best interest. The court uses several factors in determining name change applications for minor children and their best interest such as but not limited to:
1. The effect of the change on the preservation and development of the child's relationship with each parent;
2. The preference of the child if the child is of sufficient maturity to express a meaningful preference;
3. The embarrassment, discomfort, or inconvenience that may result when a child bears a surname different from the residential parent's;
4. Parental failure to maintain contact with and support of the child; and any other factor relevant to the child's best interest.
There is a residency requirement, you must reside in the county where the petition is filed for at least one year prior to filing.
Publication is required. The Ohio Revised Code sets forth the publication requirements. There must be publication in a newspaper of general circulation in the county of residence.
A reasonable and proper cause must be set forth for changing the minor's name.
The Court of Appeals of Ohio upheld a trial court’s decision to grant a name change application filed on behalf of two minor children, despite the natural father’s objections. Among other factors, the Court noted that the natural father was incarcerated and that he would continued to be incarcerated for a lengthy period of time. The Court determined that the proposed name change was in the children’s best interests to avoid embarrassment that arose from having a different surname from the residential parent.
The Ohio Revised Code sets forth the filing and notice requirements that apply to name change petitions filed on behalf of minors. The application may be filed on by the child’s parent, legal guardian, or guardian ad litem. If one of the parents does not consent, he or she must be notified of the hearing by several methods.
To change the name of a minor by a minor's parents, a legal guardian, or a guardian ad litem an application is filed with the court. Notice and proof is required and the consent of both living, legal parents of the minor shall be filed, or notice of hearing given to parent or parents not consenting. If there is no known father of the minor, the notice shall be given to the person who the mother of the minor alleges to be the father. If no father is so alleged, or if either parent or the address of either parent is unknown, notice pursuant to Ohio Revised Code shall be sufficient as to the father or parent.
Ohio courts are required to decide whether the proposed name change would be in the child's best interest. The court uses several factors in determining name change applications for minor children and their best interest such as but not limited to:
1. The effect of the change on the preservation and development of the child's relationship with each parent;
2. The preference of the child if the child is of sufficient maturity to express a meaningful preference;
3. The embarrassment, discomfort, or inconvenience that may result when a child bears a surname different from the residential parent's;
4. Parental failure to maintain contact with and support of the child; and any other factor relevant to the child's best interest.
There is a residency requirement, you must reside in the county where the petition is filed for at least one year prior to filing.
Publication is required. The Ohio Revised Code sets forth the publication requirements. There must be publication in a newspaper of general circulation in the county of residence.
A reasonable and proper cause must be set forth for changing the minor's name.
The Court of Appeals of Ohio upheld a trial court’s decision to grant a name change application filed on behalf of two minor children, despite the natural father’s objections. Among other factors, the Court noted that the natural father was incarcerated and that he would continued to be incarcerated for a lengthy period of time. The Court determined that the proposed name change was in the children’s best interests to avoid embarrassment that arose from having a different surname from the residential parent.
Family and Medical Leave Act (FMLA)
Ohio does not have a state law in regards to Family and Medical Leave. All claims in Ohio are based on the Department of Labor's Family and Medical Leave Act ("FMLA").
What employers are required to abide by the FMLA? Those employers with 50 or more employees within 75 miles of the company's work site are required to provide FMLA leave to their employees, this is commonly called the "50/75 rule". In Ohio, if an employer has 49 or less employees they are not required to follow the FMLA. However, an employer with less than 50 employees could subject themselves to the FMLA regulations by promising such leave in their employee handbook (Reaux v. Infohealth Management Corp., Illinois District Court). The law covers all public agencies (state and local governments) and local education agencies (schools, whether public or private). These employers do not need to meet the "50 employee" test. Title II of FMLA covers most federal employees, who are subject to regulations issued by the Office of Personnel Management.
Be aware of another situation: a person works for a staffing agency that has 50 or more employees (covered under FMLA) but the company that the staffing employee is working for does not have to abide by the FMLA because they do not have 50 or more employees. According to DOL and Grace v. USCAR, the primary employer (staffing agency) has the responisbility of offering and granting leave, and informing employees about their rights. But the "secondary employer" (the company) is responsible for putting an eligible employee back into his or her previous assignment.
What employees are eligible? Employees who have worked for at least 12 months and at least 1250 hours during the previous 12 months.
What does the FMLA provide to eligible employees? Up to 12 weeks of unpaid leave in a 12 month period for the serious health condition of the employee or a family member, for the birth or adoption of a child, or because a child, parent or spouse of the employee has been called to active duty in the military. Up to 26 weeks of unpaid leave during a 12 month period to care for a spouse, child or parent who is an injured member of the military.
What is a serious health condition? The concept of serious health condition is key to several types of leave under the FMLA. An eligible employee is entitled to FMLA leave when the employee is unable to perform the functions of the job because of the employee's own serious health condition or when the employee is needed to care for a spouse, son, daughter or parent with a serious health condition. In short, a "serious health condition" entitling an employee to FMLA leave means an illness, injury, impairment, or physical or mental condition that involves either (1) inpatient care or (2) continuing treatment by a health care provider. Continuing treatment has numerous scenarios which include the following:
1. Incapacity and treatment
2. Pregnancy or prenatal care: any period of incapacity due to
3. Chronic conditions: 2 visits a yr. for treatment or continues over an extended period of time; and may cause episodic rather than a continuing period of incapacity (asthma, diabetes, epilepsy, etc.)
4. Permanent or long term conditions (Alzheimer’s, severe stroke, terminal states of a disease).
5. Multiple treatments: period of absence to receive multiple treatments or a condition resulting in period of incapacity of more than three consecutive, full calendar days (cancer: chemotherapy, radiation, etc), severe arthritis (physical therapy), or kidney disease (dialysis).
6. Substance Abuse: only treatment of substance abuse. An employee may also take FMLA leave to care for a covered family member who is receiving treatment for substance abuse.
The following conditions ordinarily do not qualify as serious health conditions: common cold, flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc. However, if complications arise and any of these conditions meet the requirements they will be considered serious health conditions.
An employer can require or an employee can voluntarily elect to use paid leave benefits during FMLA leave. FMLA leave can not count towards no-fault attendance policies.
The potential penalites for employers violating the FMLA is back pay, reinstatement, benefits, and attorneys' fees.
What employers are required to abide by the FMLA? Those employers with 50 or more employees within 75 miles of the company's work site are required to provide FMLA leave to their employees, this is commonly called the "50/75 rule". In Ohio, if an employer has 49 or less employees they are not required to follow the FMLA. However, an employer with less than 50 employees could subject themselves to the FMLA regulations by promising such leave in their employee handbook (Reaux v. Infohealth Management Corp., Illinois District Court). The law covers all public agencies (state and local governments) and local education agencies (schools, whether public or private). These employers do not need to meet the "50 employee" test. Title II of FMLA covers most federal employees, who are subject to regulations issued by the Office of Personnel Management.
Be aware of another situation: a person works for a staffing agency that has 50 or more employees (covered under FMLA) but the company that the staffing employee is working for does not have to abide by the FMLA because they do not have 50 or more employees. According to DOL and Grace v. USCAR, the primary employer (staffing agency) has the responisbility of offering and granting leave, and informing employees about their rights. But the "secondary employer" (the company) is responsible for putting an eligible employee back into his or her previous assignment.
What employees are eligible? Employees who have worked for at least 12 months and at least 1250 hours during the previous 12 months.
What does the FMLA provide to eligible employees? Up to 12 weeks of unpaid leave in a 12 month period for the serious health condition of the employee or a family member, for the birth or adoption of a child, or because a child, parent or spouse of the employee has been called to active duty in the military. Up to 26 weeks of unpaid leave during a 12 month period to care for a spouse, child or parent who is an injured member of the military.
What is a serious health condition? The concept of serious health condition is key to several types of leave under the FMLA. An eligible employee is entitled to FMLA leave when the employee is unable to perform the functions of the job because of the employee's own serious health condition or when the employee is needed to care for a spouse, son, daughter or parent with a serious health condition. In short, a "serious health condition" entitling an employee to FMLA leave means an illness, injury, impairment, or physical or mental condition that involves either (1) inpatient care or (2) continuing treatment by a health care provider. Continuing treatment has numerous scenarios which include the following:
1. Incapacity and treatment
2. Pregnancy or prenatal care: any period of incapacity due to
3. Chronic conditions: 2 visits a yr. for treatment or continues over an extended period of time; and may cause episodic rather than a continuing period of incapacity (asthma, diabetes, epilepsy, etc.)
4. Permanent or long term conditions (Alzheimer’s, severe stroke, terminal states of a disease).
5. Multiple treatments: period of absence to receive multiple treatments or a condition resulting in period of incapacity of more than three consecutive, full calendar days (cancer: chemotherapy, radiation, etc), severe arthritis (physical therapy), or kidney disease (dialysis).
6. Substance Abuse: only treatment of substance abuse. An employee may also take FMLA leave to care for a covered family member who is receiving treatment for substance abuse.
The following conditions ordinarily do not qualify as serious health conditions: common cold, flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc. However, if complications arise and any of these conditions meet the requirements they will be considered serious health conditions.
An employer can require or an employee can voluntarily elect to use paid leave benefits during FMLA leave. FMLA leave can not count towards no-fault attendance policies.
The potential penalites for employers violating the FMLA is back pay, reinstatement, benefits, and attorneys' fees.
Hostile Work Environment
A hostile work environment is a workplace that the harassment is so frequent or severe and pervasive insult, intimidation and/or ridicule based on a person’s race, national origin, disability, religion, age or sex such that a reasonable person would find it hostile or abusive or when it results in an adverse employment decision (such as the victim being fired or demoted). For example, co-workers who make unwanted sexual advances or comments or treating a person like a sexual object.
Sexual harassment is any unwanted attention of a sexual nature (verbal or physical) that creates discomfort and/or interferes with the job. Sexual harassment can occur in several ways including unwelcomed sexual advances, requests for sexual favors, verbal abuse (e.g., suggestive comments or demands), or physical conduct of a sexual nature (e.g., touching, pinching, and patting).
Sexual harassment in the workplace is illegal under both state and federal law and can present itself in various ways. Under Federal law employers with 15 or more employees are covered by the primary anti-harassment law. Under Ohio State law employers with 4 or more employees are covered.
Quid Pro Quo harassment, occurs when employment terms, conditions or benefits are conditioned on the victim’s submission to unwelcome sexual advances made by his or her supervisor. For example, a supervisor stating or implying to an employee that his/her job depends on meeting sexual demands. A victim who eventually succumbs to the advances still may have a claim. The person creating the harassment must be a person with managerial authority. The employer is strictly liable for any proven harassment.
The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Victims of sexual harassment often encounter harassing behavior from fellow employees, supervisors, co-workers, clients or customers. The majority of sexual harassment victims are women; however, the victim and harasser do not have to be members of the opposite sex. Victims can face harassment from employees, supervisors, coworkers, clients or customers of the same or opposite sex. The environment can be caused by vulgar comments, stories or jokes, offensive documents or postings, leering, or inappropriate physical conduct.
Ohio law prohibits retaliatory action against any person filing a sexual harassment complaint.
If you believe you are being sexually harassed or you are working in a hostile work environment file a written complaint with your HR dept. If the business is small and your boss is doing the harassing and there is no HR dept. file a written complaint with the Ohio Civil Rights Commission. You have 180 days to file a charge with Ohio Civil Rights Commission or the U.S. Equal Employment Opportunity Commission (EEOC).
Sexual harassment is any unwanted attention of a sexual nature (verbal or physical) that creates discomfort and/or interferes with the job. Sexual harassment can occur in several ways including unwelcomed sexual advances, requests for sexual favors, verbal abuse (e.g., suggestive comments or demands), or physical conduct of a sexual nature (e.g., touching, pinching, and patting).
Sexual harassment in the workplace is illegal under both state and federal law and can present itself in various ways. Under Federal law employers with 15 or more employees are covered by the primary anti-harassment law. Under Ohio State law employers with 4 or more employees are covered.
Quid Pro Quo harassment, occurs when employment terms, conditions or benefits are conditioned on the victim’s submission to unwelcome sexual advances made by his or her supervisor. For example, a supervisor stating or implying to an employee that his/her job depends on meeting sexual demands. A victim who eventually succumbs to the advances still may have a claim. The person creating the harassment must be a person with managerial authority. The employer is strictly liable for any proven harassment.
The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Victims of sexual harassment often encounter harassing behavior from fellow employees, supervisors, co-workers, clients or customers. The majority of sexual harassment victims are women; however, the victim and harasser do not have to be members of the opposite sex. Victims can face harassment from employees, supervisors, coworkers, clients or customers of the same or opposite sex. The environment can be caused by vulgar comments, stories or jokes, offensive documents or postings, leering, or inappropriate physical conduct.
Ohio law prohibits retaliatory action against any person filing a sexual harassment complaint.
If you believe you are being sexually harassed or you are working in a hostile work environment file a written complaint with your HR dept. If the business is small and your boss is doing the harassing and there is no HR dept. file a written complaint with the Ohio Civil Rights Commission. You have 180 days to file a charge with Ohio Civil Rights Commission or the U.S. Equal Employment Opportunity Commission (EEOC).
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