Can I take FMLA leave for an employee's death or for bereavement?
Yes, you can take leave under the Family and Medical Leave Act (FMLA) for an employee’s death or for bereavement. In Texas, employees may take up to 12 weeks of FMLA leave in a 12-month period to care for a family member who has died. They may also take up to three days of unpaid, job-protected leave to attend a funeral or other service for a deceased family member. To qualify for FMLA leave in Texas, an employee must have worked for the employer for at least 12 months, and must have worked at least 1,250 hours in the 12 months prior to taking leave. The employee must also be employed by an eligible organization, such as a public agency or private-sector employer with at least 50 employees. In Texas, an employee may take FMLA leave for other reasons too, such as to care for a family member with a serious health condition or to bond with a new child. Employees who take FMLA leave are entitled to return to the same job or one with equivalent pay, benefits, and terms and conditions of employment. Though FMLA leave is unpaid, an employee may use accrued paid leave time, such as vacation or sick leave, to supplement their time off. In some cases, an employer in Texas may choose to offer additional bereavement leave that is not required by law. Each employer’s policies should be consulted to determine what additional leave is available.
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