Articles Posted in Family Medical Leave Act

In 1993, Congress adopted the Family and Medical Leave Act (FMLA). This federal law was enacted to provide certain employees with 12 workweeks of unpaid leave each year without the risk of being terminated. Public agencies, such as local, state, and federal employers, and local school employers must comply with the Act. Additionally, private employers who have 50 or more employees for at least 20 workweeks per year must also comply with the Act. This federal law is applicable in Texas FMLA claims based on discriminatory conduct.

CalendarGenerally, the FMLA can be used by eligible employees in the following situations:

  • When an employee cannot work because of a serious medical issue,

handsSome fathers can take paternity leave. If you are a soon-to-be father expecting a baby in Texas, you may be concerned about the future and whether or not your employer is required to give you paternity leave. Those who work for small employers in Texas may not be able to get paternity leave.

However, the federal Family and Medical Leave Act (FMLA) allows eligible employees of covered employers to take a non-compensated leave for particular family and medical reasons, such as the birth of a child or to care for a newborn during his first year. It also allows this paternity leave if a child for foster care or adoption is being placed with the employee within one year of placement. This leave is job-protected. The employer is required to continue providing group health insurance under the same terms and conditions as if the employee hadn’t taken leave.

Your employer needs to give you 12 weeks of unpaid paternity leave after your partner has a baby or you adopt a child if:  (1) it has 50 or more employees in 20 or more workweeks in the current or prior calendar year, and (2) you’re eligible because you’ve worked for the company for at least 12 months, have a minimum of 1,250 hours of service during the 12-month period just before the paternity leave, and work at a site where the company has at least 50 employees within 75 miles.

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babyHalf of the workforce is female, but only 12% of women have paid maternity leave, according to the United States Department of Labor. The United States is the only industrialized country around the globe that doesn’t require employers to provide paid maternity leave, even though studies show health benefits to children, mothers, and fathers when parental leave is provided. Paid maternity and paternity leave make sense both economically and from the standpoint of health.

Infant mortality is reduced by up to 10% in 141 countries with paid leave policies. This leave allows for infants to receive necessary medical care and vaccinations during one of their most vulnerable times of life.

Parental leave also increases how long mothers feel comfortable breastfeeding. Mothers who receive paid leave breastfeed for twice as long as those who don’t get leave. Since breastfeeding decreases the likelihood of infection, asthma, obesity, and SIDS, there are benefits for the health care system in improving the chances of a mother being able to breastfeed comfortably for a longer duration.

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