Dallas Employment Trial Lawyer Deontae Wherry
You have just learned that a loved one needs serious medical care—or maybe you are facing a health crisis of your own. You go to HR, hoping to take time off under the Family and Medical Leave Act (“FMLA”), only to hear:
“You’re not eligible.”
It is a moment that can feel overwhelming. But not qualifying for FMLA does not mean you are out of options. Whether you are dealing with a personal illness, a family emergency, or a pregnancy-related need, there are other ways to secure time off.
FMLA provides up to 12 weeks of unpaid, job-protected leave, but it is only available if you work for an employer with at least 50 employees within 75 miles, have been employed there for at least a year, and have worked 1,250 hours in the past 12 months. Many employees discover too late that they do not meet those requirements. Fortunately, there are alternatives.
For some workers, the Americans with Disabilities Act (ADA) can fill the gap. If you have a health condition that substantially limits a major life activity—such as walking, concentrating, or sleeping—you may be entitled to a reasonable accommodation. That accommodation could include time off. The ADA applies to employers with 15 or more employees and requires you to work with your doctor and employer to document your condition and determine a reasonable accommodation. It is not automatic, but it is a legally protected option that often goes overlooked.
Even if federal law does not apply, your employer may offer its own solutions. Paid time off, unpaid personal leave, or parental leave programs are common benefits that do not fall under FMLA but can still give you the breathing room you need. Reviewing your employee handbook or having a candid conversation with HR is often the first step toward uncovering these options.
For workers facing medical conditions that make it impossible to work, short-term disability insurance may provide a financial safety net. While it does not guarantee job protection, it can replace part of your income during recovery. And if your illness or injury happened on the job, Texas workers’ compensation laws may apply, offering wage replacement, medical benefits, and protection from retaliation.
Pregnancy brings its own set of protections. Even without FMLA, the Pregnancy Discrimination Act and the ADA require employers to provide reasonable accommodations for pregnancy-related conditions. This can cover everything from time off for prenatal appointments to recovery after childbirth.
Being told you do not qualify for FMLA can feel discouraging, but it does not mean you are out of options. If you are unsure what other may be available to you, I encourage you to contact me to schedule a consultation with me to help you sort through your rights and negotiate with your employer.