Does the FMLA guarantee job protection if an employee needs to care for an ailing family member?
The Family Medical Leave Act (FMLA) provides job protection and unpaid leave for qualifying employees in Texas who need to take time off to care for a sick family member. However, not all employers are covered by the FMLA, and not all employees are eligible. Under the FMLA, employers with 50 or more employees must provide up to 12 weeks of unpaid leave during any 12-month period for any “qualifying exigency” related to a family member’s serious health condition. This includes caring for an ailing family member. For a Texas employee to qualify for leave under the FMLA, they must have worked for at least 12 months without any sort of break, worked over 1,250 hours during the 12 months before their leave started, and worked for a company with 50 or more employees. If a Texas employee meets these criteria, the FMLA does guarantee job protection. The employer must hold their position or a similar one open for them so that they can return to work once their leave is over. The employer also cannot punish the employee for taking leave. In summary, if an employee in Texas meets the criteria outlined by the FMLA, they can take up to 12 weeks of unpaid leave to care for an ailing family member and their job will be protected.
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