The Family Medical Leave Act (FMLA) passed congress in 1993. The act allows for qualified employees to have a maximum of 12 weeks of unpaid leave for, among other reasons, medical issues, childbirth, and adoption. In the State of Texas, there is no requirement for paid sick leave or maternity / paternity leave.The United States Department of Labor is charged with administering the FMLA. The FMLA prohibits employers from denying qualified employees leave and prohibits employers from retaliating against employees who have requested or taken FMLA leave.
The family leave act applies to work places in which there are 50 employees within 75 miles. It is possible that an employer may have some locations where the FMLA does apply and other locations where the FMLA does not apply. The FMLA applies to public companies as well as federal government employees. Employees of the state of Texas and it subdivisions may have limited coverage under the FMLA. Currently, there is no Texas equivalent to the FMLA. Absent coverage under the Americans With Disabilities Act for Taxes Labor Code, employees are only covered by the federal law.
In order to be eligible for the FMLA benefit, and employee must:
*The hourly calculation can differ for employees in transportation industries (i.e. flight attendants)
In short, the answer is yes. There exist many motives and ways managers of the same race can discriminate against members of their own race. For example, the manager may agreed to implement a discriminatory policy from upper management that unfairly disadvantages the race to which the manager belongs. The manager may have sentiments of resentment and self loathing. The manager may give preferential treatment to members of his or her own race that have a similar skin tone. This also would be an example of color discrimination that is also protected by Title VII of the Civil rights act of 1964.
It is important to note that an employee does not have to use all 12 weeks at one time. An employee may use intermittent leave which can include using leave for small periods, including hours of the day.
For an employee using FMLA leave, an employer is obligated to:
The FMLA is a complicated law with many requirements for how an individual must give notice to employer in order to properly qualify and take FMLA leave. If you think that your employer has interfered or otherwise retaliated with your FMLA leave, contact me a Texas FMLA attorney in order to schedule a consultation
For more employment law information visit the employment page.
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