Anita Basavaraju
Balancing work with a serious illness, a new baby, or a family member’s health crisis is one of the hardest things employees face — and knowing your legal rights can make all the difference. The Family and Medical Leave Act (FMLA) is a federal law designed to give eligible employees time away from work for these situations without risking their job. Here’s what you need to know.
Who Can Get FMLA Leave
Dallas Senior Trial Attorney Deontae Wherry
You did everything right. You asked for the leave you were entitled to, whether it was to recover from surgery, care for a sick parent, or welcome a new baby. Then something felt off. Maybe your employer made the leave difficult, dragged their feet, or acted like you were causing a problem. Or maybe you came back to find your hours cut, a bad review out of nowhere, or a pink slip waiting for you. If any of that sounds familiar, you may have a claim under the Family and Medical Leave Act, and it helps to understand exactly what kind.
The most important thing to know is this: under the FMLA, there are two separate ways an employer can break the law. One is interference. The other is retaliation. They sound similar, but they are two different claims, and knowing the difference can make all the difference in protecting your rights.
Rachel Bethel Dallas
Trial Attorney
Many workers live with medical conditions that are episodic in nature. Symptoms might present only during periods of flare-ups or relapses that interrupt otherwise stable health.
Such conditions may include multiple sclerosis, seizure disorders, severe migraines, bipolar disorder, mood disorders, Crohn’s disease, and autoimmune disorders.
Dallas Employment Trial Lawyer Cassidy Monska
Retaliation is one of the most frequently alleged forms of workplace misconduct in Texas. Although the law protects employees who assert their rights, many still face adverse consequences after reporting discrimination, requesting accommodations, or participating in investigations. Unfortunately, retaliation can be subtle, delayed, or disguised as ordinary business decisions.
What Is Workplace Retaliation?
As an employee, understanding the nuances between the Family and Medical Leave Act (FMLA) and company sick leave policies is crucial. Both provide avenues for taking time off work due to illness or family-related reasons, but they come with distinct differences that can significantly impact your rights and protections. I
Understanding FMLA Leave:
The Family and Medical Leave Act (FMLA) is a federal law that grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. These reasons include the birth or adoption of a child, caring for a spouse, child, or parent with a serious health condition, or attending to one’s own serious health condition that renders the employee unable to perform their job duties.
Dallas Employment Trial Lawyer Riley Carter
As the holiday season approaches, many employees find themselves yearning for quality time with family and friends. Taking leave during this festive time is a common practice, but it’s crucial to understand the legal implications and rights associated with holiday leave under employment law.
Understanding Your Leave Entitlement
Short-term disability, long-term disability, and the Family Medical Leave Act (FMLA) are three types of legal protections for employees who need to take time off from work due to illness, injury, or the need to care for a family member. While these protections may seem similar, they each have unique features and eligibility requirements that employees should be aware of. In this article, we will explore the differences between short-term disability, long-term disability, and the FMLA.
Short-Term Disability
Short term disability (STD) is a type of insurance that provides income replacement to employees who are unable to work due to a non-work-related injury or illness. The duration of STD benefits varies by policy, but typically lasts between three and six months. STD benefits are designed to provide employees with a portion of their regular income while they recover from an injury or illness, allowing them to pay their bills and meet their financial obligations.
The Family and Medical Leave Act (FMLA) is one of the most modern and powerful tools for Texas employees with injuries and disabilities. Since its inception, workers have had the right to take blocks of leave for a serious medical condition. Workers have also had the ability to take intermittent leave, which allows workers to take medical leave on an as-needed basis. But what about using FMLA leave to reduce an employee’s work schedule? Is this qualifying FMLA leave? In an opinion letter dated February 9, 2023, the Department of Labor ruled that an employee with a disability may use FMLA leave for a reduced work schedule if the reduction is a reasonable accommodation for the employee’s disability.
The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid leave per year for qualifying family and medical reasons, such as a serious health condition.
When an employee has a disability that affects their ability to perform the essential functions of their job, the employer has a legal obligation to provide a reasonable accommodation. A reasonable accommodation is a modification or adjustment to the job or work environment that enables the employee to perform the essential functions of their job without undue hardship to the employer.
Time does not stop for anyone. There are time limits for filing claims against your employer. In fact, state and federal claims have different deadlines for different types of claims. When pursuing a claim against your employer, it is important to note the statute of limitations for the claim you intend to pursue. The biggest mistake I see employees make is waiting too long to pursue a claim. If the statute of limitations for your claim has expired, you will not be able to pursue your claim – even if you have a strong claim. There’s no way around it. Below are some of the most common employment-related claims and each claim’s respective statute of limitations.
Discrimination, Harassment, Sexual Harassment, Hostile Work Environment, and Retaliation.
Claims of discrimination, harassment, sexual harassment, hostile work environment, or retaliation under Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act of 1990, must first be filed with the United State Equal Employment Opportunity Commission (“EEOC”). A complaint with the EEOC must be filed within 300 days of the adverse employment action. An adverse action can range from a write-up to termination. If you do not file a charge of discrimination or retaliation with the EEOC within 300 days of the adverse action, you lose the right to pursue your claims in court.
In 1993, Congress passed the Family Medical Leave Act (“FMLA”) which provides employees the right take medical leave for (1) the birth of a child or to bond with a child, (2) the placement of a child for adoption or foster care, (3) a serious health condition that prevents the employee from his or her job, and (4) the care of the employee’s spouse, son, daughter, or parent who has a serious health condition. In this article, I will focus on the definition of “spouse”, the expanded definition, and highlight FMLA’s key provisions.
“Spouse” was initially based upon the traditional definition of marriage being between a husband and a wife. Put simply, a spouse was only a person who was married to a person of the opposite sex. As society continued to change, this impacted many employees’ ability to care for their significant other or spouse. For example, employers were not required to return the employee to his/her position and could retaliate against them if the employee requested medical leave to care for a person of the same sex with a serious health condition because this was not a FMLA qualifying reason.
After the Supreme Court’s decision in United States v. Windsor, the Department of Labor (“DOL”) expanded the definition of spouse to include same sex marriage. While this appeared as a victory for same-sex marriages, it had its own limitations because it only recognized same-sex marriages for employees that lived in states that recognized same sex marriages. This affected employees in states like Texas where same-sex marriages were not recognized.
Dallas Employment Lawyer Blog