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Family and Medical Leave

Knowledgeable Attorneys Protecting the Rights of Dallas Employees

Texas does not have comprehensive family and medical leave state laws. It has a limited law that requires covered employers to provide equal leave to care for a sick foster child. However, larger Texas employers may be subject to the Family and Medical Leave Act. This federal law permits eligible employees of covered employers to take a job-protected unpaid leave for certain specified reasons, with the right to be reinstated. You should not be subjected to retaliation for taking family and medical leave in accordance with federal law. If you are denied leave or subjected to retaliation on this basis, you should consult the experienced Dallas employment attorneys at Rob Wiley, P.C.

Family and Medical Leave

If your employer has at least 50 employees for at least 20 weeks in the present or prior year, the employer is considered a covered-employer under the Family and Medical Leave Act (FMLA) and must comply with federal law. As an employee, you can take FMLA leave if you have worked for a company for a minimum of one year, you worked at least 1,250 hours, and you work at a jobsite that has at least 50 employees in the span of 75 miles. Under FMLA, an employee may take up to 12 weeks of protected leave over a period of 12 months for certain reasons. Our attorneys can advise you on whether you are eligible.

The right to FMLA leave renews every 12 months as long as you are eligible and the employer remains covered. Furthermore, you can take up to 26 weeks of FMLA leave in a 12-month period to care for a family member who was injured on active military duty. Generally, only one leave can be taken for a single injury and a single military service member. If that family member is injured again, or if another family member is injured while on active duty, an employee can take another leave for this purpose.

The FMLA leave can be intermittent. Sometimes the leave is needed for the purpose of going to medical appointments or to deal with emergency situations. Your employer may institute procedures to call in to notify it of the leave that you are taking.

There are intricate rules that an employer needs to follow in connection with recertification requests. If your FMLA leave is going to go beyond a year or 12-month period, the employer can ask for an annual recertification. If the initial certification did not specify a certain leave period, the employer is allowed to ask for recertification for each six-month period.

Reasons for FMLA Leave

Reasons that would allow you to take FMLA leave include bonding with a new child, caring for a family member who has a serious medical condition, recovering from a serious medical condition, dealing with certain exigencies that come up in connection with your family member serving in the military, or taking care of a family member who is seriously injured during the course of active military duty. During your FMLA leave, you are entitled to continue with your health insurance, paying premiums of the same amount that you pay when you work.

Overlapping Leave

FMLA leave is unpaid. However, you may be permitted or asked to use your accrued paid leave during your FMLA leave. The FMLA does not protect your paid leave, whether it is vacation time, personal days, or sick pay days. That means that you can get paychecks during the FMLA leave for the period of time that the employer allows as paid leave. Generally, you are entitled to reinstatement to the same or an equivalent position.

Texas Law

There is no comprehensive family and medical leave under Texas law. However, there is a restricted law that requires employers with at least 15 employees that offer leave to employees to care for sick children to also provide that leave to an employee to care for a sick foster child.

Explore Your Options with an Experienced Dallas Attorney

If you are concerned about taking family and medical leave, or if you have been mistreated for taking leave to which you are entitled, you should talk to a skillful attorney about your situation. We represent people in Dallas and other cities in Dallas, Collin, Denton, Tarrant, Rockwall, and Ellis Counties. Call us at (214) 528-6500 or complete our online form.

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Mr. Wiley thoroughly reviews my documents and gave me great advise and put my mind at ease at a touch time. Easy to schedule and great office staff. A.S.
Honestly in providing options for cost/benefit of moving forward with litigation. Provided insight into Texas and Federal laws and how they would or would not apply. C.H.