Can I take FMLA leave to care for a family member with a mental health condition?
Yes, you can take FMLA leave to care for a family member with a mental health condition in Texas. The Family and Medical Leave Act (FMLA) provides employees with up to 12 weeks of unpaid, protected leave per year due to a serious health condition of a family member. Under the FMLA, a serious health condition includes any illness, injury, impairment, or physical or mental condition that requires inpatient care or continuing medical treatment. Mental health conditions, such as depression, anxiety, bipolar disorder, and post-traumatic stress disorder, are covered under the FMLA, and the law applies to families of all sizes. In Texas, employees may be eligible to take FMLA leave if they have worked for their employer for at least 12 months, at least 1,250 hours in the 12 months prior to the leave, and are employed by a covered employer. Covered employers include private-sector employers with at least 50 employees, and public agencies, regardless of the number of employees. Employees are entitled to take FMLA leave to care for a family member with a mental health condition. In Texas, employees may take up to 12 weeks of FMLA leave in a 12-month period for this purpose. During the leave, the employee’s job must be protected, and the employee must continue to receive the same benefits they had prior to taking leave. In addition, the employee may be able to take FMLA leave on an intermittent or reduced-schedule basis if medically necessary.
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