Does the FMLA cover absences due to severe weather or natural disasters?
Yes, the Family and Medical Leave Act (FMLA) does cover absences due to adverse weather conditions or natural disasters in the state of Texas. The U.S. Department of Labor (DOL) has established that employees who are absent from work due to a natural disaster or severe weather may be eligible for FMLA protection. This means that employers in Texas must provide up to 12 weeks of unpaid leave so employees can address the issues caused by adverse weather or natural disasters. In order to qualify for FMLA protection, employees must have worked 12 months for the employer, and have worked 1,250 hours within the 12 months preceding the date the employee’s request for leave under the FMLA. Additionally, employers with at least 50 employees within 75 miles of the employee’s workplace must also provide leave in accordance with FMLA guidelines. Employees should also remember that, while the FMLA allows up to 12 weeks of unpaid leave, the employer is not required to pay wages for the duration of the leave, and the leave may be unpaid. The employee, however, is eligible to use accrued vacation or paid leave during their FMLA absence. If an employee has exhausted their accrued leave, they may be eligible to receive temporary disability or unemployment benefits during their leave period. If you believe you qualify for FMLA protections due to a natural disaster or severe weather in Texas, you can contact your employer or the US Department of Labor for more information.
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