Can I take FMLA leave if I am pregnant?
Yes, you can take FMLA leave if you are pregnant in Texas. The Family and Medical Leave Act (FMLA) is a federal law that entitles eligible employees to take up to 12 weeks of unpaid leave each year for certain medical and family-related reasons. Under the law, you may take leave for the birth of a child, adoption, or foster care placement of a child. This includes taking time off for prenatal care or incapacity related to pregnancy. The FMLA also provides protections for a certain period of time for family members of a servicemember on active duty. In order to qualify for FMLA leave, you must have worked for the same employer for at least 12 months and have worked for at least 1,250 hours during that period. Your employer must also have at least 50 employees. If you meet these qualifications, you may take up to 12 weeks of unpaid, job-protected leave for pregnancy. Your employer must also continue your health care coverage during the leave period. The FMLA leave provisions in Texas apply to both private and public employers. In addition, Texas requires employers with 15 or more employees to provide four weeks of unpaid leave for medical and family purposes, including the birth of a child. If both employers are covered by both federal and state laws, the employee is entitled to the benefit that provides the greatest rights and protection.
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