Key Takeaways

  • The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for eligible Texas employees, with 26 weeks for military caregiver leave.
  • Texas follows federal FMLA rules but also grants additional rights such as parental leave, emergency leave, and time off for school activities and medical donations.
  • Eligible employees must work for a covered employer (50+ employees within 75 miles) for at least 12 months and 1,250 hours.
  • Employers must maintain group health benefits during leave, reinstate employees to the same or equivalent position, and follow proper certification and documentation procedures.
  • Abuse prevention, intermittent leave management, and integration with paid leave policies are major compliance challenges for Texas employers.
  • Employees should understand their rights, certification requirements, and possible alternatives if they are not FMLA-eligible.

What Is Texas FMLA?

FMLA Texas is the abbreviated term for the Family and Medical Leave Act and the specifics of the act relevant in the state of Texas. The act entitles employees to unpaid leave from work in the event of a serious medical condition suffered by the employee or the employee's family.

What Is FMLA?

The FMLA works in the interest of employees in instances when they need leave for health or family emergency reasons. It requires that covered employers provide their employees with up to 12 weeks of unpaid leave for certain applicable reasons. During this time, the employee's job will remain protected. Eligible employees can also receive up to 26 weeks of leave for matters related to military service.

In order to be eligible for the FMLA, employees must have been working for the covered employer for a minimum of one year and have worked a minimum of at least 1,250 hours over the previous months. The employer must have at least 50 employees working for them within a 75-mile radius.

Qualifying Reasons for FMLA Leave in Texas

Under FMLA Texas, employees can take leave for several qualifying reasons, including:

  • Birth or care of a newborn child.
  • Placement of a child through adoption or foster care.
  • Care for a spouse, child, or parent with a serious health condition.
  • Personal medical leave for the employee’s own serious health condition that prevents them from performing essential job duties.
  • Military family leave, which includes qualifying exigencies related to active duty service and caregiver leave for an injured service member (up to 26 weeks).

A “serious health condition” generally involves inpatient care or ongoing treatment. Intermittent or reduced-schedule leave may be granted when medically necessary.

Definitions of Medical Leaves

The FMLA divides leave types into two main categories: medical leave and personal leave.

Medical Leave

This covers employees giving birth or experiencing a serious health condition. In the instance of the latter, the following must be considered for the employee to be granted leave.

  • The "serious health condition" relates to a health concern for which the patient requires inpatient care or ongoing treatment.
  • Employees are required to provide a medical certificate from their health care provider.
  • In obtaining the medical certificate, employees must make clear to the provider what their job position is so that the provider can judge accordingly as to whether time off is necessary.
  • Employers may require that employees obtain a second opinion from a designated physician specified by them.
  • If the first two medical opinions are conflicting, then a third opinion may be required. Selecting this physician will be a joint effort between the employer and employee.
  • The employee might be required to provide a medical certificate both during their period of leave and then again prior to their return to the workplace.

Personal Leave

Under the FMLA, personal leave relates to an instance where an employee requires a leave of absence to care for a family member who has a serious health condition. This includes family members under Service Member Leave.

In order to be entitled to leave under FMLA, employees must submit a certification to the employer that states that the employee's presence is necessary or beneficial to the care of the family member. The 12 weeks of family and medical leave that employees are entitled to during a 12-month period may be taken for any one or combination of the following scenarios that are covered under FMLA:

  • Giving birth to a child and care of a newborn child
  • Involvement in the care of a newborn child born to a spouse
  • Foster care placement or adoption
  • Medical leave for employees suffering from serious health issues
  • Personal leave in order to care for a family member with a serious health condition

Employer Responsibilities Under FMLA Texas

Texas employers covered by FMLA must carefully manage compliance. Key responsibilities include:

  • Providing notice: Employers must inform employees of their FMLA rights, eligibility, and responsibilities when a request is made.
  • Maintaining health benefits: Group health insurance must continue under the same terms as if the employee were actively working.
  • Job protection: Upon return, employees must be reinstated to the same or an equivalent role with the same pay and benefits.
  • Certification management: Employers may request medical certification to validate a leave request. They may also require recertification at intervals.
  • Integration with paid leave: Employers can require employees to use accrued paid time off concurrently with FMLA leave, but policies must be applied consistently.

Failure to follow these requirements can expose employers to liability, including reinstatement claims and damages.

Eligible Employees

Employers are only required to pay employees on FMLA leave if the employee is entitled to paid time off or sick time and has chosen to use it in during the instance that necessitates FMLA leave or if there is a policy within the company that requires the use of paid time off before the leave progresses to being unpaid.

In certain circumstances, employers may choose to include additional paid leave time into their leave of absence policy as an added benefit and goodwill gesture to their employees in particular circumstances. The payroll department must be made aware of any changes to employees' salary packages during their leave of absence.

Requesting and Documenting FMLA Leave in Texas

To request FMLA leave, employees should:

  1. Provide notice to their employer, preferably at least 30 days in advance if foreseeable (e.g., scheduled surgery, childbirth). In emergencies, notice should be given as soon as possible.
  2. Submit medical certification when leave is for a serious health condition. The certification must specify the condition, its expected duration, and whether intermittent leave is required.
  3. Communicate ongoing needs: If leave must be extended, employees should update their employer with documentation.

Employers are responsible for acknowledging leave requests promptly, outlining expectations, and ensuring confidentiality of medical information.

FMLA Leaves Under the State of Texas

The FMLA Texas covers several points which are specific to those living and working in the state of Texas. These are summarized below.

Sick Leave Related Matters

  • If employees are unable to perform their duties as a result of injury, sickness, confinement, or pregnancy, then they are permitted to sick leave with pay under FMLA Texas.
  • Sick leave with pay is also allowed in instances where an employee is required to care for a sick relative in their immediate family (where immediate family refers to members living in the same household and related by either kinship, adoption, or marriage).
  • If employees need to care for minor children. Employees are covered in this instance whether the child actually lives with the individual or not. As certified by the Department of Protective and Regulatory Services, it also covers foster children.
  • If employees are absent for less than three days, then they do not need a certificate of illness from their doctor in order to receive sick pay. However, if they are going to be absent for a period longer than three days, a certificate is required.

Matters of Parental Leave

According to the state law of Texas, state employees are permitted up to 12 weeks of parental leave. This is possible even if the individual does not meet the standard U.S. eligibility requirements. Parental leave covers birth and adoption of a child. It also covers a child being placed in foster care with an employee, where the foster child is under three years of age.

In order to receive FMLA absence for parental leave, the employee must first use up any remaining paid vacation and sick pay that they have available, and then take the remainder of their time off as unpaid.

Emergency Leave

In bereavement cases, emergency leave is granted to an employee if they experience the death of a family member (parent, grandparent, child, spouse, sibling, or equivalent close relative). This is given without a reduction in pay.

Leave for School Visits

Employees who have children that are studying in grades K–12 may use up to eight hours of their sick leave allowance in order to attend school meetings. Reasonable notice must be provided in advance.

Leave to Give Medical Donations

If employees provide any type of medical donation, they are entitled to varying levels of time off depending on the nature of the donation. For medical donations, the employee will not receive any deduction in their salary.

  • Blood donation: Proof of the donation must be provided. Employees are permitted "sufficient time off" for this, where "sufficient" is at the employer's judgment up to four times annually.
  • Bone marrow donation: Up to five days per year
  • Organ donation: Up to 30 days per year

Military Leave

If an employee is either a member of the military reserve or a member of state military forces, then they are entitled to up to 15 days paid absence for ordered duty or training purposes. The employee will not experience any loss of stature or benefits for this leave of absence and will be considered as being away on furlough during this period.

Challenges with Intermittent Leave

Intermittent leave allows employees to take time off in smaller blocks instead of consecutive weeks. For example, an employee undergoing chemotherapy may need leave for treatments several times per month. While vital for employees, intermittent leave can disrupt scheduling, staffing, and productivity.

Texas employers may:

  • Require medical documentation specifying the need for intermittent leave.
  • Ask employees to schedule treatment in ways that minimize workplace disruption where possible.
  • Track and manage hours carefully to ensure compliance with the 12-week (or 26-week for military caregiver) cap.

Preventing and Addressing FMLA Abuse

While most employees use FMLA legitimately, employers may suspect abuse if patterns of leave appear inconsistent with certification. To manage this:

  • Employers can require recertification if there are questions about continued medical necessity.
  • Policies must be applied consistently to avoid discrimination claims.
  • Documentation is essential—tracking communications, certifications, and leave records can help defend against potential disputes.

Alternatives to FMLA Leave

Not all Texas employees qualify for FMLA leave. Alternatives may include:

  • Employer-provided leave policies such as paid time off or extended sick leave.
  • Short-term disability insurance, which may provide income replacement during a medical leave.
  • Americans with Disabilities Act (ADA) accommodations, which may allow reduced schedules or modified duties instead of full leave.
  • State-specific protections such as Texas parental leave for state employees, or emergency leave policies.

Frequently Asked Questions

  1. Does Texas have its own FMLA law?
    No, Texas follows federal FMLA rules but also offers additional protections for state employees, such as parental leave and emergency leave.
  2. Can an employer deny FMLA leave in Texas?
    Employers can deny leave only if the employee is not eligible (e.g., insufficient hours worked or employer not covered). Otherwise, eligible employees have a right to job-protected leave.
  3. Do Texas employees get paid under FMLA?
    FMLA itself is unpaid. However, employers may require the use of accrued sick leave, vacation, or PTO during the absence.
  4. How much notice must I give to take FMLA leave?
    If foreseeable, at least 30 days’ notice is required. In emergencies, employees should notify their employer as soon as practicable.
  5. What happens if my employer violates FMLA in Texas?
    Employees may file complaints with the U.S. Department of Labor or pursue legal action for reinstatement, lost wages, or damages.

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