Texas

The Family and Medical Leave Act and What it Means to You

Authored By: U.S. Department of Labor
Contents
> United States Department of Labor - Wage and Hour Division - Fact Sheet 28: The Family and Medical Leave Act More information from the Department of Labor Information from the Texas Workforce Commission. Click this link for information on what to do if you want to report a violation of the FMLA

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The Family and Medical Leave Act and What it Means to You

 

 

 

From the U.S. Wage and Hour Division:

 

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons.

 

Covered Employers

 

The FMLA only applies to employers that meet certain criteria. A covered employer is a:

  • Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
  • Public agency, including a local, state, or Federal government  agency, regardless of the number of employees it employs; or
  • Public or private elemntary or secondary school, regardless of the number of employees it employs.

 

Eligible Employees

 

Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:

 

  • Works for a covered employer;
  • Has worked for the employer for at least 12 months;
  • Has at least 1,250 hours of service for the employer during the 12 month period immediately preceeding the leave*; and
  • Works at a location where the employer has at least 50 employees within 75 miles.

 

*Note: Special hours of service eligibility requirements apply to airline flight crew employees. Please see the link below on airline flight crew employees for more information.

 

http://www.dol.gov/whd/fmla/2013rule/fs-airline.htm

 

The 12 months of employment do NOT have to be consecutive. That means any time previously worked for the same employer (including seasonal work) could, in most cases, be used to meet the 12-month requirment. If the employee has a break in service that lasted seven years or more, the time worked prior to the break will not count unless the break is due to service covered by the Uniformed Services Employment and Remployment Rights Act (USERRA), or there is a written agreement, including a collective bargaining agreement, outlining the employer's intention to rehire the employee after the break in service. Please see the link below for more information on FMLA Special Rules for Returning Reservists.

http://www.dol.gov/whd/fmla/userra.htm

 

Please click the link below for the full fact sheet from the Wage and Hour Division.

http://www.dol.gov/whd/regs/compliance/whdfs28.pdf

United States Department of Labor - Wage and Hour Division - Fact Sheet 28: The Family and Medical Leave Act

More information from the Department of Labor: www.dol.gov

Information from the Texas Workforce Commission.: www.twc.state.tx.us

Click this link for information on what to do if you want to report a violation of the FMLA: www.dol.gov