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

The Family and Medical Leave Act (FMLA) is a federal law that provides up to 12 weeks of unpaid, job-protected leave per year to certain employees. This law applies to private employers with 50 or more employees, as well as public agencies, local schools, and the US Postal Service. Under the FMLA, employees in Texas are eligible for unpaid leave when they have a serious health condition, for the care of an immediate family member with a serious health condition, for the birth or adoption of a child, or for a qualifying exigency caused by a family member’s active duty or call to active duty in the US Armed Forces. The FMLA prohibits employers from discharging or discriminating against any employee who takes leave under the Act. This means that employers are required to maintain the employee’s health benefits during their leave, and when they return to work, the employee is entitled to be restored to their same or equivalent position. Employers may require employees to use accrued paid leave in conjunction with FMLA leave. Additionally, employers may require employees to provide documentation of their need for leave and to keep them informed of their leave status.

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