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.

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

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