Can I take FMLA leave for the birth or adoption of my child?
Yes, you can take FMLA leave for the birth or adoption of your child in Texas. The Family and Medical Leave Act (FMLA) is a federal law that allows eligible workers to take up to 12 weeks of unpaid, job-protected leave per year for the birth or adoption of a child, or for the care of a family member with a serious health condition. In Texas, employers with 50 or more employees within 75 miles must provide up to 12 weeks of unpaid FMLA leave each year. The employer may require the employee to use any paid leave for a period of FMLA leave. If you take FMLA leave for the birth or adoption of a child, you must also be eligible for parental leave, which provides up to 12 weeks of unpaid leave and requires the employer to maintain the employee’s health benefits during the leave. To be eligible for FMLA leave in Texas, an employee must have worked for the employer for 12 months, and must have worked for at least 1,250 hours in the 12 months before the leave. Furthermore, in Texas, an employee must work for the employer for at least 12 months after the leave has ended. If the employee does not meet the eligibility criteria, the employer may still grant the leave, but it will not be covered under FMLA. Additionally, it is important to note that while FMLA leave is unpaid, some employers may choose to offer paid leave as an employee benefit. It is important to check with your employer to see what their policy is for taking FMLA leave.
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