Does the FMLA provide job protections if an employee is called to active duty?

Yes, under the Family and Medical Leave Act (FMLA), employers must provide job protection and unpaid leave for certain qualified employees who are called to active duty. In Texas, this can include up to 12 weeks of unpaid leave for qualified employees in the event they are called to active military duty or a reservist duty. The job protection under FMLA includes providing the employee with the same or an equivalent position when they return from leave, with the same benefits, pay, and other terms and conditions of employment as before. Additionally, employers must continue to provide health insurance to employees on military leave, as if they had continued to work. Generally, employers are prohibited from using the employee’s military leave as a negative factor in any employment decision, including decisions about layoffs, promotion, and compensation. In Texas, employers are also prohibited from denying any employment benefit to or discriminating against an employee due to their participation in military service. Lastly, employers must release employees to perform their military service or training without any interference or penalty.

Related FAQs

Can I take FMLA leave to care for a family member with a mental health condition?
How do I file a complaint if my FMLA rights are violated?
Can I take FMLA leave to care for a family member if the family member is not the employee's parent, spouse, or child?
Does the FMLA protect an employee's benefits if the employee's job is eliminated?
Does an employee's job status affect his/her eligibility for FMLA leave?
Do I have to use my FMLA leave in one continuous block?
Do employers have to grant FMLA leave for the birth or adoption of a child?
Does my employer have to keep my job open while I'm on FMLA leave?
Does my employer have to provide me with a guarantee that I will get the same or equivalent job after my FMLA leave?
Can I take FMLA leave during my spouse's active duty tour?

Does the FMLA provide job protections if an employee is called to active duty?

Related FAQs

Related Blog Posts