How Does the FMLA affect my business?
In Wiles, the Court held that Ohio does not recognize a public policy claim based on the Family and Medical Leave Act (FMLA). This statement of law was a departure from a progressive law of public policy cases issued by the Ohio Supreme Court. The employee had requested and was granted two weeks of leave pursuant to the FMLA. When he returned, the employer made adverse changes to the employee's job, and he eventually resigned his position. The employee filed suit, asserting only a public policy violation based on the FMLA. The employee, however, did not sue under the FMLA itself. The Ohio Supreme Court held that "Ohio does not recognize a cause of action for wrongful discharge in violation of public policy when the cause of action is based solely on a discharge in violation of the FMLA."