What rights do employees have if their FMLA leave is denied?
Employees in Texas have rights if their FMLA leave is denied. The Family Medical Leave Act (FMLA) protects employees by allowing them to take unpaid leave for up to 12 weeks each year for certain qualifying events. This leave can be used to care for a family member with a serious health condition, or for the employee’s own personal illness or injury. In Texas, if an employer denies an employee’s FMLA leave request, the employee can file a complaint with the U.S. Department of Labor for violation of the FMLA. This complaint must be filed within two years of the date the employee was denied leave or within two years of the date the employee was last employed by the employer. Additionally, employees in Texas have the right to file a civil lawsuit against an employer if the employer retaliates against an employee after they have requested FMLA leave. Employees who are terminated or face other forms of workplace discrimination due to their FMLA leave request may be able to seek damages, including lost wages and benefits. FMLA leave is an important right enjoyed by employees in Texas. It is important that employers adhere to the requirements of the FMLA, and employees should be aware of their rights if their FMLA leave is denied.
Related FAQs
Which employers are covered by the FMLA?Can I use my vacation or sick days while taking FMLA leave?
Does my employer have to offer me the same or similar benefits I was receiving prior to my FMLA leave?
How much notice do I have to give my employer before taking FMLA leave?
Does the FMLA cover self-care or preventive care leave?
Can an employee be required to pay for health benefits while on FMLA leave?
Are there any restrictions on how much FMLA leave I can take in a 12-month period?
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Can I take FMLA leave for a family member's injury, illness, or disability?
Does the FMLA provide job protection for employees affected by the closure of a business?
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