Self Medical Leave
The Texas employment lawyers at Rob Wiley, P.C. represent employees who are discriminated and retaliated against for taking self medical leave.
Some employees have the right to take medical leave if they suffer from a serious health condition. The Texas employment lawyers at Rob Wiley, P.C. represent individuals who have been denied the right to take medical leave, or have been retaliated against for taking medical leave. If you believe you may have a case, please contact us.
The primary law protecting an employee’s right to personal medical leave is the federal Family Medical Leave Act (FMLA). Some states offer additional leave rights above the federal requirement.
To be eligible for FMLA leave, you must have (1) worked for a year or more, (2) worked 1,250 hours in the prior year, and (3) have 50 employees who work within 75 miles of your worksite. Certain government employees and educational employees are covered regardless of these three requirements.
The employee has a right to up to twelve weeks of leave in a one-year period. Different employers have different methods of calculating the one-year period, such as the calendar year, the previous twelve months, and the twelve months since the prior taking of leave. Leave may be taken for a serious health condition. If an employer does not grant leave and fails to follow the applicable rules and regulations concerning leave, the employee may be able to sue for unlawful interference.
Additionally, employees who take leave have a right to be free from retaliation. If an employer retaliates against an employee, the employee may be able to sue for unlawful interference.
If you believe your employer has interfered with your right to medical leave, or retaliated against you for taking leave, please contact us immediately.