[OPLINLIST] Family & Medical Leave

Fri May 21 11:02:24 EDT 2010

 I may be able to help out on this one.  A public library is a public entity, but it is not a subdivision of the State of Ohio.  Coverage under FMLA would be determined by the number of employees of the library, not the State of Ohio.  A library with only 20 employees would not be not be subject to the FMLA.

The FMLA does cover employees who are serving as foster parents, including during the placement process.  Here is the regulation:

29 Code of Federal Regulations §825.121 (a) provides  
(a) 	General rules. Eligible employees are entitled to FMLA leave for placement with the employee of a son or daughter for adoption or foster care as follows:
(1) 	Employees may take FMLA leave before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed. For example, the employee may be required to attend counseling sessions, appear in court, consult with his or her attorney or the doctor's) representing the birth parent, submit to a physical examination, or travel to another country to complete an adoption. The source of an adopted child (e.g., whether from a licensed placement agency or otherwise) is not a factor in determining eligibility for leave for this purpose.

Hope this helps.

Benjamin Chinni, Associate Regional Solicitor, US Department of Labor
Trustee, Euclid Public Library

-----Original Message-----
From: oplinlist-bounces at oplin.org [mailto:oplinlist-bounces at oplin.org] On Behalf Of Mark Mabelitini
Sent: Friday, May 21, 2010 9:57 AM
To: Susan Pieper
Cc: oplinlist at oplin.org
Subject: Re: [OPLINLIST] Family & Medical Leave

Hi,

This is the type of issue that should be referred to your legal counsel, the County Prosecuting Attorney.

Mark
> Hello all:
> I have received conflicting information regarding whether a small 
> public library must adhere to the provisions of the FMLA. We have less 
> than 20 employees. I have been told that we are not required to give 
> time off for FMLA. On the other hand, if we are a political 
> sub-division of the State of Ohio (who employs more than 50 persons), 
> I've been told we must provide time off for FMLA. Also, are foster 
> parents covered under FMLA when children are placed with them? 
> Sometimes this is a temporary situation and sometimes children can be 
> placed at any time, any hour, without any notice. Please advise.
> Thanks a million!
> Susan
> (feeling like my toes are webbing up here with all this rain)
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Mark Mabelitini, Director
Tipp City Public Library
11 E. Main St.
Tipp City, Ohio 45371
(937) 667-3826 (office)
(937) 667-7968 (fax)
www.tippcitylibrary.org

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