What is the FMLA?
The Family and Medical Leave Act (FMLA) was enacted by Congress in 1993. This law enables specific workers to have 12 workweeks of unpaid leave each year without fear of getting fired.
Who Must Comply with FMLA?
Local, state, and federal government and public agencies are required to comply with this law. In addition, private employers with at least 50 employees—within a 75-mile radius—for a minimum of 20 workweeks per year need to also adhere to the FMLA.
When Can I Take FMLA Leave?
Employees may take FMLA leave when they have been working for a company for at least one year and if they worked at least 1,250 hours in the previous year.
The following are common situations when qualified employees can use FMLA leave:
- When an employee is unable to work due to a serious medical condition
- When an employee must take care of an immediate family member who has been diagnosed with a serious medical condition
- When an employee’s child is born
- When an employee adopts or fosters a child
- When an employee’s family member is called to active duty in the military
Can FMLA be Extended in Texas?
When it comes to serious health issues, bonding with a newborn or adopted child, or qualifying exigencies, Texas employees can take up to 12 weeks of leave in a 12-month timeframe. An employee can renew this leave every 12 months if he/she is still eligible according to the qualifying conditions.
In Texas, employers with at least 15 employees must offer such leave to workers who need to take care of a sick child or sick foster child.
In regard to taking care of a loved one who suffered an injury while on active military duty, these employees can take up to 26 weeks of leave within a 12-month timeframe. Yet, this type of leave is based on a per-injury and per-service member basis.