Fort Worth FMLA lawyers represent clients in Family Medical Leave Act claims in Texas. FMLA protects the right of eligible employees to take up to twelve weeks of medical leave. FMLA leave may be either continuous or intermittent leave. Employers sometimes wrongfully deny FMLA leave or retaliate against employees for requesting or taking FMLA. Employees can recover against employers for violating FMLA in Fort Worth or Dallas courts. If you believe your employer violated your FMLA rights then you should contact a Fort Worth employment lawyer.
FMLA leave in Fort Worth, Texas
The Family Medical Leave Act is a federal law that protects an employee’s right to medical leave. FMLA applies to employees who work for employers with fifty or more employees within a seventy-five mile radius of the employee’s work location. Employees becomes eligible for FMLA leave after completing one year of employment and 1250 hours of work for the employer. At that time, the employee can request continuous or intermittent FMLA leave up to twelve weeks (in almost all cases).
FMLA leave may be taken for four reasons:
- Treatment of the employee’s serious health condition
- Treatment of a serious medical condition of an immediate family member of the employee
- Bonding time with a new child in the family regardless of the new child arriving by birth, adoption, or foster placement
- Care of a military servicemember injured in active duty
If the FMLA leave is for care of a military servicemember injured in active duty the leave may be extended up to twenty-six weeks.
Serious health condition and FMLA leave
FMLA defines a serious health condition as, “an illness, injury, impairment, or physical or mental condition that involves–(A) inpatient care in a hospital, hospice, or residential medical care facility; or (B) continuing treatment by a health care provider.” Employees seeking FMLA leave for a serious health condition may need as little as overnight stay in a hospital to qualify for FMLA. The employee may need as much as the full twelve weeks of continuous leave. However, an employee may also need intermittent leave of shorter periods of time over a long stretch of time. For example, an employee may need routine doctor’s visit for treatment that lasts an hour but the employee needs to go once each week for two months.
FMLA contains strict regulations around all facets of leave. There are regulations about each element of an FMLA leave request and the manner in which an employer responds. If your employer denies an FMLA request you may have a claim against your employer. Fort Worth FMLA lawyers represent clients in FMLA interference claims.
Employers sometimes retaliate against employees for requesting or taking FMLA leave. This may include punishing the worker after return from FMLA leave or firing the employee during leave. The employer may retaliate against an employee for asking about FMLA or requesting FMLA, even if the employer grants FMLA or the employee ends up not taking FMLA leave. Retaliation for requesting or taking FMLA violates the Family Medical Leave Act. If your employer retaliates against you in violation of FMLA you should contact a Fort Worth employment lawyer right away.