Human Resource Blog

FMLA in Texas

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Does the FMLA pertain to all employees in Texas?

The Family and Medical Leave Act is a federal Act that is in place to protect workers in states across the country that need to take time off of work to care for a medical condition. The Act does not apply to all employees.

In order for an employee to be covered for FMLA time off, the employee needs to work for a covered employer and have worked for that employer for a period of 20 weeks out of the previous year or a total of 1,250 hours. The 20 weeks do not have to have been consecutive. Also, the covered employer is covered as long as he or she has at least 50 employees that work within a 75-mile radius of the employee that wishes to take FMLA time off.

When an employee takes time off under the Act, the employee should be able to return to work at the end of the period of time off to have the same job or an equivalent job. Also, the employer should have the same salary and benefits that he or she had prior to taking the time off.

Employees can take time off for a variety of medical and family related issues. The employer should not discriminate against the employee for taking this time off. Employees may be able to take time off for the following:

·         To care for their own health related needs

·         To care for the needs of a spouse

·         To care for a child, as long as the child is under the age of 18

·         To care for a parent, as long as the parent is a biological parent (not an in-law) and as long as the employee is at least 18 years old

·         For the birth of a child

·         After a child has been taken in through adoption or foster care CB