Can FMLA leave be taken on an intermittent basis?
Yes, employees in Texas can take FMLA leave on an intermittent basis. The Family and Medical Leave Act (FMLA) is a law that allows employees to take unpaid leave for certain family and medical reasons. It is applicable to employers with 50 or more employees within a 75-mile radius. Intermittent FMLA leave is taken in separate blocks of time, rather than all at once. This type of leave can be used for illnesses, medical treatments, or caring for a family member with an illness. However, it must be approved by an employer and the employer can choose to limit the frequency of intermittent leave. In Texas, employees may take intermittent leave if medically necessary for their own serious health condition or for the care of a family member with a serious health condition. If an employee needs to take FMLA leave on an intermittent basis, they must discuss the need with their employer. The employer’s approval is necessary in order for the employee to take the leave. When taking intermittent leave, the employer is required to track the amount of leave taken and update the employee’s personnel records. Employees are entitled to 12 workweeks of job-protected leave in a 12-month period for their own illness, or for the care of a qualified family member. While on intermittent leave, employees are entitled to reinstatement to the same job or an equivalent one.
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