Texas Family and Medical Leave Attorney
What is the Family & Medical Leave Act?
The Family and Medical Leave Act was enacted in 1993 and enables employees take time off for serious health reasons or to care for their family. Under the FMLA, eligible employees are entitled to:
- 12 weeks of unpaid leave in a 12-month period for specified family and medical reasons.
- 26 weeks of leave to care for a covered service member with a serious injury or illness.
During this leave time, employees who are protected by the FMLA from their jobs being terminated are entitled to reinstatement to the same (or an equivalent) position upon their return to work.
If you believe your FMLA rights have been denied, or if you have been retaliated against for taking or requesting FMLA leave, contact David Langenfeld, an experienced Texas family and medical leave attorney, to go over your options.
Who is Eligible for FMLA?
For FMLA leave eligibility, you must meet the following criteria:
- Employment Duration – Have worked for your employer for a minimum of 12 months.
- Hours Worked – Have worked at least 1,250 hours during the 12 months prior to the start of the leave.
- Employer Requirements – Have 50+ employees within a 75-mile radius of the employee’s worksite.
If you work in Texas and meet these requirements, you are generally protected and entitled to the benefits provided by the FMLA and should contact a Texas family and medical leave attorney regarding any disputes.
Situations Covered by FMLA Leave
Under the FMLA, you’re lawfully entitled to take leave from work for:
- Personal Medical Condition – A health condition that prevents you from performing your job’s basic responsibilities.
- Family Health Care – To care for a spouse, child, or parent suffering from a severe health condition.
- Birth and Bonding – The birth of your child and bonding with your newborn within one year of their birth.
- Adoption or Foster Care – Placing a child for adoption or foster care and bonding with the newly placed child within one year.
- Military Family Leave – Urgent needs arising from active duty or military deployment of a spouse, child, or parent
Common FMLA Violations by Employers
Although the FMLA provides clear guidelines for lawful employee leave, some employers try to restrict or deny its benefits.
Common violations include:
- Refusing to Grant Leave – Denying an employee FMLA leave even though the employee meets all eligibility criteria.
- Demanding Unauthorized Documentation – Requiring documentation that exceeds what the FMLA requires or refusing acceptance of legitimate certifications.
- Retaliation After Leave – Demoting an employee, reducing their pay, or terminating their employment for taking their lawfully-protected leave.
If you experience any of these violations you may be entitled to legal recourse and should contact a qualified Texas family and medical leave attorney today.
Steps to Take if Your FMLA Rights Are Violated
Here are some steps to consider taking if you think your FMLA rights were violated by your Texas employer:
- Document all relevant records and communications with your employer regarding your leave.
- Consult an experienced Texas family and medical leave attorney about filing a complaint with the Department of Labor. This can be an essential step before considering a lawsuit.
- If necessary, have a Texas family and medical leave attorney file a lawsuit against your employer for FMLA violations.
Potential Remedies for FMLA Violations
Employees who successfully prove an FMLA violation may be entitled to:
- Reinstatement to Your Position
- Back Pay
- Compensatory Damages
- Attorney’s Fees and Court Costs
A Texas Family and Medical Leave Attorney
Who Fights for His Clients
David Langenfeld is an experienced and aggressive Texas family and medical leave attorney who only represents employees, never employers. He will fight to get you what you are owed from your employer. Contact David today for a free consultation.