Does the FMLA guarantee job protection for military families?
The Family and Medical Leave Act (FMLA) does not specifically guarantee job protection for military family members in the state of Texas. However, under the provisions of the FMLA, employers are generally required to provide unpaid leave for those who need to miss work due to qualified medical and family reasons, including attending to the needs of a covered family member. For family members of a member of the military, this could include taking time off to care for an ailing family member or to take care of a family member who was injured while serving in the military. Additionally, the FMLA allows a spouse, son, daughter, or parent to take up to 12 weeks of leave to deal with a qualifying exigency due to the military service of an immediate family member. It is important to note, however, that the FMLA does not guarantee job protection for military family members during this leave period. Even though a covered employee is able to take up to 12 weeks of unpaid leave during a 12-month period, their job may not be protected when they return. It is always best for the employee to check with their employer before taking any leave to ensure their job is safe upon return.
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