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Home> Workers' Comp> What Is FLMA?
What Is the Family Medical Leave Act (FMLA)?
It is very important that you understand the Family Medical Leave Act (FMLA). This section is your guide to everything you need to know about the FLMA: Family Medical Leave Act and Workers' Compensation in Texas.
How Do You Qualify for FLMA In Texas?
An employer who has 50 or more employees is subject to this Act. To be an eligible employee, you must have worked for your employer for at least one year or over 1250 hours. FMLA entitles you up to a total of 12 weeks of unpaid leave during any 12-month period because of a serious health condition.
You may decide (or your employer may require you) to substitute accrued paid vacation, personal leave, or sick leave during this period of time. When you return to work, your employer must you your old job back or give you a similar job. You must also retain similar employee benefits.
Is FLMA Paid Time Off?
Usually, when you take FMLA leave, you won't get paid. However, "paid time off" or vacation pay or sick pay may be used if the you have already earned them. If an injured worker takes the Family Medical Leave and cannot return to work after the twelve weeks expire, generally the employer does not then have an obligation to rehire the worker at a later date. In other words, the employer is not required to hold the job open indefinitely.
There are very strict requirements concerning when the FMLA applies and how it is determined. A thorough understanding of the requirements and specifics of the FMLA is essential. There is a close relationship between the Family Medical Leave Act, the Americans with Disabilities Act, and the Texas workers' compensation system, in returning injured workers to work.
If you have any questions, or reason to believe that you were unjustly denied FLMA benefits that you seserved under the Family Medical Leave Act, contact Texas Workers Help right now.