Do employers have to grant FMLA leave for the birth or adoption of a child?
Yes, employers in the state of Texas have to grant FMLA leave for the birth or adoption of a child. The Federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave to care for a new child, whether the child is adopted or born to the employee. The FMLA is a federal law, but Texas also has its own laws that provide additional protections and benefits to employees taking family or medical leave. For example, Texas law provides nurse-in benefits which allows eligible employees to take reasonable time off for breastfeeding purposes. Employers must generally grant FMLA leave for the birth or adoption of a child if the employee has been employed with the company for at least 12 months and has worked at least 1,250 hours over the past 12 months. If the employee does not meet these requirements, the employer is not obligated to provide FMLA leave. Generally, employees taking FMLA leave for the birth or adoption of a child must give the employer two weeks advance notice or as much notice as is possible. The leave taken must extend at least 14 days beyond the date of the birth or adoption. In summary, the state of Texas does require employers to grant FMLA leave for the birth or adoption of a child, as long as the employee meets the eligibility requirements. This leave is unpaid, however, the employee may be eligible for other benefits such as nurse-in privileges or partial pay from their employer.
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