What does the Family Medical Leave Act FMLA require of employers?

In addition to providing eligible employees an entitlement to leave, the FMLA requires that employers maintain employees' health benefits during leave and restore employees to their same or an equivalent job after leave.

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Employee Rights Memo Under the Family and Medical Leave Act

San Antonio Texas Employee Rights Memo Under the Family and Medical Leave Act

Name: San Antonio Texas Employee Rights Memo Under the Family and Medical Leave Act
Brand: US Legal Forms
Rating: 4.8 (236 reviews)

Category:

Employment - Leave - Family and Medical Leave Act (FMLA)

State:

Multi-State

City:

San Antonio

Control #:

US-AHI-199

Format:

Instant download

Description

This AHI form is a memo regarding employee's rights under the Family and Medical Leave Act (FMLA).

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FAQ

No current Texas or federal law requires private-sector employers to provide paid or unpaid leave of any kind, although some amount of unpaid leave may be necessary as a reasonable accommodation in the event of a disability, pregnancy, or other condition protected under a specific statute.

Employers in Texas, like employers in all other states, are subject to the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave, with the right to reinstatement, for certain reasons. While many states have their own comprehensive family medical leave laws, Texas does not.

FMLA entitles eligible employees to take unpaid leave. Under certain conditions, employees may substitute, or run at the same time as their FMLA leave, accrued paid leave (such as sick or vacation leave) to cover some or all of the period of FMLA leave.

Human resource professionals and managers should not call an employee into work for any reason during Family and Medical Leave Act (FMLA) time off, employment law attorneys say. Occasional phone calls may be OK, but workplace investigations and even promotion discussions should be postponed until the employee's return.

Provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

In addition to providing eligible employees an entitlement to leave, the FMLA requires that employers maintain employees' health benefits during leave and restore employees to their same or an equivalent job after leave.

Although employers in Texas must abide by federal FMLA laws, Texas does not have its own comprehensive family medical leave program. State law in Texas does extend the FMLA leave protections to employees caring for foster children.

Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Employees may choose or employers may require use of accrued paid leave while taking FMLA leave.

FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.

You can download the form from the DOL-WHD website or by calling them at 1-866-487-9243. Also, your human resource officer can help you locate the correct request application for your situation. Below are descriptions of the various forms and the information asked for each type of leave and how to apply for FMLA.

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San Antonio Texas Employee Rights Memo Under the Family and Medical Leave Act

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