Can I take FMLA leave for my own illness?
Yes, you can take Family and Medical Leave Act (FMLA) leave for your own illness in Texas. FMLA leave can be used when an employee is unable to work due to their own serious health condition. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider. In order to qualify for FMLA leave, the employee must have worked for their employer for at least 12 months and worked at least 1,250 hours during the 12-month period before their leave begins. If an employee meets these requirements, they can take up to 12 weeks of unpaid leave in a 12 month period if they are unable to work due to their own serious health condition. FMLA leave can be taken all at once or intermittently as needed. An employee must also provide their employer with a doctor’s certification that proves they have an eligible serious health condition in order to take FMLA leave. If they are taking intermittent leave, they must also provide their employer with an estimate of the dates and duration of the leave. It should be noted that FMLA leave does not guarantee job protection; however, an employee’s job must be available to them upon their return to work. Employees are also generally entitled to have their group health benefits maintained during their FMLA leave.
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