What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. This leave can be used to care for a qualifying family member or for the employee’s own health condition. The FMLA applies to organizations with 50 or more employees, and employees must have worked at least 12 months in order to qualify. In Texas, employees who are eligible for FMLA leave are entitled to take up to 12 weeks of unpaid leave within a 12-month period. During this leave, employers must maintain the employee’s health benefits and job upon their return. Employees may use FMLA leave for the following reasons: when they or a family member have a serious medical condition, to bond with a newborn or adopted child, to care for a family member with a serious health condition, to take part in active duty military leave, or when an employee needs time off due to a qualifying exigency (such as a military deployment). Employers must provide their employees with advance notice when requesting FMLA leave. Employees must also provide documentation from a medical professional indicating why they need to take leave. Additionally, employers are prohibited from retaliating against any employee who exercises their rights under the FMLA. If an employee believes that their employer has violated their rights under the FMLA, they can consult with an attorney or file a complaint with the U.S. Department of Labor.
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