Family and Medical Leave Act (FMLA) Texas: How Does It Work?

Family and Medical Leave Act (FMLA) is a crucial federal law that plays a significant role in the lives of Texas employees and employers. This legislation protects job security by allowing eligible employees to take unpaid, job-protected leave for specific family and medical reasons, ensuring their employment is not sacrificed due to health or family circumstances.

The purpose of this article is to clarify the FMLA in Texas, providing a comprehensive guide to its workings, eligibility criteria, and rights and responsibilities.

TABLE OF CONTENTS

• What is Family and Medical Leave Act (FMLA)?
• FMLA: Eligibility Criteria in Texas
• Qualifying Reasons under the FMLA in Texas
• Duration and Types of Family and Medical Leaves in Texas
• Employee Rights and Employer Obligations Under the FMLA Leave
• How To Request FMLA Leave in Texas
• Texas Specifics: Texas Payday Law
• Employer Actions Prohibited by FMLA
• Resources and Further Reading
• FAQ About Family And Medical Leave in Texas
• Effortlessly Track Employee Time Off With This HR Software ✅

What is Family and Medical Leave Act (FMLA)?

The United States enacted the Family and Medical Leave Act (FMLA) in 1993 as a landmark piece of legislation. From the start, lawmakers recognized the need to support workers facing health crises without jeopardizing their jobs.

In essence, FMLA allows employees 12 weeks of unpaid, job-protected leave per year while maintaining their health insurance coverage. All government agencies, elementary and secondary schools, and companies with 50 or more employees are covered by this law. FMLA covers a wide range of situations, including illness, childbirth, adoption, and military family circumstances.

FMLA: Eligibility Criteria in Texas

In Texas, the Family and Medical Leave Act (FMLA) sets specific criteria to determine who is covered under its provisions.

• Employer Eligibility: FMLA applies to private-sector employers with 50 or more employees within a 75-mile radius, for at least 20 workweeks in the current or preceding calendar year. It also encompasses all public agencies, including local, state, and federal employers, and public and private elementary and secondary schools, regardless of the number of employees.

• Employee Eligibility: To be eligible for FMLA leave, an employee must have worked for a covered employer for at least 12 months (not necessarily consecutive). They must have worked a minimum of 1,250 hours during the 12 months prior to the start of the FMLA leave. The employee should be working at a location where the employer has at least 50 employees within a 75-mile radius.

Qualifying Reasons under the FMLA in Texas

Under the Family and Medical Leave Act (FMLA) in Texas, employees are entitled to take leave for several significant reasons:

• Personal: Leave for an employee’s own serious health issue
• Family Member’s Serious Health Conditions:  This includes to care for a spouse, child, or parent suffering from a serious health condition.
• Birth, Adoption, or Foster Care Placement of a Child: FMLA allows parents to take leave for the birth of a child, as well as for the adoption or foster care placement of a child, providing time for bonding and care.
• Military-Related Exigencies and Caregiver Leave: Employees may take leave for reasons related to a family member’s military service, including exigencies arising from a family member’s deployment. FMLA also provides for a longer leave (up to 26 weeks) to care for a family member who is a service member with a serious injury or illness.

Duration and Types of Family and Medical Leaves in Texas

Duration of leaves under the Family and Medical Leave Act (FMLA)

• Maximum Duration of FMLA Leave: Employees are entitled to a maximum of 12 weeks of unpaid leave within a 12-month period. In the case of military caregiver leave, this duration extends to 26 weeks.

Types of Family and Medical Leaves in Texas

• Continuous Leave: This involves taking a continuous, uninterrupted leave period.
• Intermittent Leave: This type of leave allows employees to take FMLA leave in separate blocks of time due to a single qualifying reason.
• Reduced Schedule Leave: This allows an employee to reduce their working hours, either daily or weekly, for a period of time due to a qualifying reason.

Employee Rights and Employer Obligations Under the FMLA Leave

Job Security

Employees are guaranteed the right to return to the same or an equivalent position.

This protection ensures job security, even after an extended period away for qualifying reasons.

Health Insurance Maintenance

Employers must maintain the employee’s health insurance under the same terms and conditions as if they had not taken leave.

Employees continue to be responsible for their portion of health insurance premiums.

Protection of Employee Benefits

Employee’s benefits are maintained as if the worker is actively working.

Employer’s Role in Granting Leave and Maintaining Compliance

Employers are required to grant leave to eligible employees for qualifying reasons under the FMLA.

They must also keep accurate records and comply with all aspects of the FMLA, including not interfering with, restraining, or denying the exercise of FMLA rights.

Employers are prohibited from retaliating against employees for taking FMLA leave.

How To Request FMLA Leave in Texas

Procedures for Requesting FMLA Leave in Texas

Employees should inform their employer as soon as they are aware of the need for FMLA leave.

The request for FMLA leave should ideally be made in writing, providing clarity on the reason for the leave and the expected duration.

Required Documentation

A healthcare provider may need to certify the need for medical leave due to a serious health condition.

For birth, adoption, or foster care, employers may request relevant documentation to confirm the family relationship.

Notice Periods

Employees must generally provide at least 30 days’ notice for foreseeable leave, such as childbirth or planned medical treatment.

If the need for leave is unforeseeable, employees must provide notice as soon as practicable, usually within one or two business days of learning of the need for leave.

Texas Specifics: Texas Payday Law

The Texas Payday Law intersects with the Family and Medical Leave Act (FMLA) in terms of employee benefits.

While FMLA itself provides for unpaid leave, Texas Payday Law says employers must honor any written agreement or policy about paid leave benefits. If an employer offers paid leave, like sick or vacation time, it must be followed even during FMLA leave.

When employees are on FMLA leave, they can use their accrued paid leave benefits, like sick or vacation time, concurrently with their FMLA leave. This allows them to receive pay while on FMLA leave.

Employer Actions Prohibited by FMLA

The FMLA prohibits employers from interfering with, restraining, or denying the exercise of any rights it provides.

This includes refusing to authorize FMLA leave for qualifying reasons, discouraging employees from using FMLA leave, and manipulating work conditions to avoid responsibilities under FMLA.

FMLA provides strong protections against retaliation and discrimination. Employers cannot retaliate against an employee for taking FMLA leave, filing a complaint, or participating in any proceedings related to FMLA.

Employers cannot fire, demote, or penalize an employee in any way for exercising their FMLA rights.

Resources about FMLA in Texas

• U.S. Department of Labor FMLA Overview
• FMLA Fact Sheets & Guidance
• Texas Workforce Commission – Family and Medical Leave
• Texas Law Help – FMLA Information
• For legal advice or further assistance, consider consulting an employment law attorney in Texas. You can find a lawyer through the State Bar of Texas Lawyer Referral Service.
• For general inquiries, contact the Texas Workforce Commission

Here are other important articles related to Texas:

• Employer’s Guide to the Texas Minimum Wage
• Texas State Holidays 2024: Employer’s Guide
• Paid Sick Leave Laws By State 2023 (New York, Texas, etc)
• At Will Employment By State: HR Guide By Factorial
• PTO carry over: A state-by-state guide for employers
• Labor Laws in the State of Texas

FMLA per State

• Family and Medical Leave Act California: How Does It Really Work?
• Family and Medical Leave Act Florida: How Does It Work?
• Family and Medical Leave Act Texas: How Does It Work?
• Family and Medical Leave Act Illinois: How Does It Work?
• Family and Medical Leave Act Colorado: How Does It Work?
• Family and Medical Leave Act Ohio: How Does It Work?
• Family and Medical Leave Act Massachusetts: How Does It Work?
• Family and Medical Leave Act NY: How Does It Work?
• Family and Medical Leave Act Oregon: How Does It Work?
• Family and Medical Leave Act Michigan: How Does It Work?
• Family and Medical Leave Act Georgia: How Does It Work?
• Family and Medical Leave Act Indiana: How Does It Work?
• Family and Medical Leave Act Maryland: How Does It Work?
• Family and Medical Leave Act Missouri: How Does It Work?
• Family and Medical Leave Act Nevada: How Does It Work?
• Family and Medical Leave Act New Jersey: How Does It Work?

FAQ about Family and Medical Leave in Texas

1. What is the Family and Medical Leave Act (FMLA)?

FMLA is a federal law that allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons while maintaining their health insurance coverage.

2. Who is eligible for FMLA in Texas?

Employees who have worked for a covered employer for at least 12 months, accumulated 1,250 hours of service in the past 12 months, and work at a location with 50 or more employees within a 75-mile radius.

3. What are the qualifying reasons for taking FMLA leave?

Serious health conditions, childbirth, adoption, foster care placement, and certain military family situations.

4. How long can I take FMLA leave?

Eligible employees can take up to 12 weeks of FMLA leave in a 12-month period. The policy allows up to 26 weeks for military caregiver leave.

5. Does FMLA leave have to be taken all at once?

6. Are FMLA leaves paid?

FMLA provides for unpaid leave, but employees can use accrued paid leave (like sick or vacation leave) concurrently, subject to employer policies.

7. What protections does FMLA offer?

Job protection, ensuring return to the same or an equivalent position, and maintenance of health insurance coverage under the same terms as if the employee had not taken leave.

8. Can my employer refuse my FMLA leave request?

Employers cannot refuse FMLA leave if the employee is eligible and the leave is for a qualifying reason.

9. What should I do if I believe my FMLA rights have been violated?

Consider contacting the Department of Labor for guidance, or consult with a legal professional specializing in employment law.