Houston Family and Medical Leave Act Labor Employment Attorneys
Employment Law Lawyer
The FMLA allows employees to take leave from work due their own serious medical condition or the serious medical condition of a member of the employee’s family. The FMLA also allows for leave for the birth or adoption of a child, for certain leave related to the employee’s military duty or military duty of the employee’s family.
As long as the employee meets certain requirements, he or she is entitled to 12 weeks of family and medical leave in a year (up to 26 weeks for certain leave to care for a family member injured in the line of duty for the armed forces).
Sometimes employers do not respect this right of their employees and view employees taking this leave as unproductive or “difficult,” and look for reasons to terminate them. This is the classic form of retaliation and it is illegal.
Employers often don’t even advise their employees that the leave they are requesting may be covered by the FMLA, and therefore their jobs are likely protected. This failure to inform the employee of their FMLA rights is, in itself, a violation of the law.
The FMLA is an intricate law with many procedural requirements, notice requirements, exceptions and regulations. Employees who feel they have been terminated or suffered a negative employment action because they took time off for a serious medical condition or the serious medical condition of a family member, for maternity leave, paternity leave, leave to care for a member of the military injured in the line of duty or leave to prepare for deployment of a member of the military, should call us for a confidential and free consultation.