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Family Medical Leave Act (FMLA)

fmla leave texas

FMLA leave in  Texas is a federal law that provides eligible employees with up to 12 weeks of unpaid leave for specific family and medical reasons. Enacted in 1993, the Family Medical Leave Act (FMLA) ensures job protection for employees who need time off to address personal or family health concerns, childbirth, or adoption.

While Texas does not have its own state-level equivalent to the FMLA, federal law governs workplaces across the state. If you’re navigating the complexities of FMLA leave, understanding your rights and employer obligations is critical.

What Is FMLA Leave in Texas?

The Family Medical Leave Act (FMLA) allows qualified employees to take unpaid, job-protected leave for up to 12 weeks in a 12-month period. The FMLA applies to specific situations, including:

  • Personal or Family Medical Issues: Addressing a serious health condition or caring for an immediate family member.
  • Childbirth or Adoption: Taking leave for the birth or adoption of a new child.
  • Military Deployment: Handling family responsibilities related to a service member’s deployment.
  • Intermittent Leave: Using FMLA leave in smaller increments, such as hours or days, rather than consecutively. An example of this may be to use FMLA leave intermittently for migraines and other intermittent health conditions.

Which Employers Are Covered by FMLA?

FMLA leave Texas applies to private-sector employers, public agencies, and federal government employees. To qualify, an employer must have:

  • 50 or more employees within a 75-mile radius.
  • Public-sector employers and schools must comply with the FMLA, regardless of employee count.

While Texas does not have a state-level equivalent to the FMLA, employees may find additional protections under the Americans with Disabilities Act (ADA) or the Texas Labor Code.

Who Is Eligible for FMLA Leave in Texas?

Employees must meet specific criteria to qualify for FMLA leave:

  1. Length of Employment: Worked for the employer for at least 12 consecutive months.
  2. Hours Worked: Completed at least 1,250 hours of work during the previous 12 months.
  3. Work Location: Employed at a site with 50 or more employees within a 75-mile radius.

Certain transportation industry employees, such as flight attendants, may have different requirements for hours worked.

When Can Employees Take FMLA Leave?

FMLA leave covers a variety of situations, including:

  • Serious Health Conditions: When the employee or an immediate family member faces a significant medical issue.
  • Maternity leave or Paternity Leave: For childbirth, adoption, or foster care placement.
  • Military-Related Leave: For situations arising from a family member’s deployment.
  • Intermittent Leave: Allows employees to take leave in smaller increments, such as for recurring medical treatments or part-time caregiving responsibilities.

Employees do not need to use all 12 weeks of leave at once and can break it into smaller periods, depending on their needs.

What Are Employers’ Obligations Under FMLA Leave Texas?

Employers must meet several obligations to comply with FMLA regulations:

  1. Grant Leave: Employers cannot deny leave to a qualified employee.
  2. Job Protection: Upon returning from leave, employees must be reinstated to the same or an equivalent position with identical pay, benefits, and conditions.
  3. No Retaliation: Employers cannot retaliate against employees for taking or requesting FMLA leave.
  4. Work Restrictions: Employers cannot require employees to perform work duties while on FMLA leave.

Failing to meet these obligations may result in legal consequences.

FAQs About FMLA Leave Texas

How to get paid while on FMLA leave in Texas?
FMLA does not guarantee paid leave. However, employees may receive income through options like:

  • Short-Term Disability Insurance: Covers a portion of your income for qualifying medical conditions or maternity leave.
  • Paid Time Off (PTO): Use accrued sick leave, vacation days, or personal time during FMLA leave. Sometimes employers require PTO to be used at the same time as FMLA leave, and this is legal.
  • Employer Policies: Some companies offer paid family or medical leave as part of their benefits package.

Can my boss give me work while on FMLA?
No, employers cannot require employees to perform work duties while on FMLA leave. Doing so violates the FMLA’s job protection provisions and interferes with your leave.

How can I get money while on FMLA?
Explore financial options such as short-term disability benefits, PTO, or employer-provided paid leave policies. Additionally, some states offer paid family leave programs, but Texas does not currently have such a program.

Why does short-term disability switch to FMLA?
Short-term disability covers income replacement, while FMLA provides job protection. Employers may coordinate the two to ensure compliance with leave laws and maintain job security for the employee.

What Happens If an Employer Violates FMLA Leave Rights?

Employers who interfere with or retaliate against employees for exercising their FMLA rights may face legal action. Common violations include:

  • Denying eligible employees leave.
  • Retaliating against employees who take or request leave.
  • Failing to restore employees to their previous position after leave.

If your employer has violated your rights, consulting a Texas FMLA attorney can help you file a claim and seek compensation.

For more employment law information visit the employment page.

Contact me, an FMLA attorney

Navigating the complexities of FMLA leave Texas can be challenging, especially if your employer fails to meet their obligations. As an experienced employment lawyer, I can help you:

  • Understand your rights under FMLA.
  • File complaints with the U.S. Department of Labor.
  • Pursue compensation for lost wages or benefits due to FMLA violations.

Don’t let your employer interfere with your legal rights. Contact me today to schedule a consultation and discuss your case.

Conclusion

FMLA leave in Texas is a vital protection for employees needing time off for medical or family reasons. While the law guarantees job security, it does not provide paid leave, leaving many employees searching for financial solutions. If your employer has denied your rights or retaliated against you, consulting a Texas FMLA attorney is the first step toward protecting yourself and holding them accountable.

 

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    Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land, Texas.
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