Family Medical Leave State Laws in Texas

In 1993 the Family Medical Leave Act (FMLA), a federal law, was passed requiring employers to allow their employees up to 12 weeks of unpaid, job protected leave of absence for five medical reasons: pregnancy, care for child after birth or adoption, care for a spouse, child or parent with a critical health condition or for an employee's own health condition. In addition to the federal laws governed by FMLA, each state is also allowed to include more expansive provisions. In Texas, the Payday Law (TPL) is one such provision.

Benefits

• Your employer must keep your health insurance coverage under any group health plan on the same terms as if you continued to work. When you return from a FMLA, the U.S. Wage and Hour Division states you are entitled to your "original position or equivalent position" with the same rate of "pay, benefits and any other employment terms."

Am I eligible?

• According to the Department of Labor, you are eligible if you have worked for your employer "for at least one year or 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles." If you meet this criteria, and have one of the situations listed above, you are entitled to take FMLA. If you take FMLA for a serious illness of either your family member or yourself, you are required to provide documentation of proof from the treating provider.

Texas Payday Law

• The Texas Payday Law (TPL) deals with the timing of when your employer must pay you and how to avoid illegal deductions from wages. When you go on FMLA, if your employer agrees to continue paying your health insurance premiums on your behalf, he must have you sign an agreement with the method you will be required to pay your employer back. For example double premium installments deducted from future paychecks. The agreement is what keeps your employer legal under TPL and considered illegally deducting from your paycheck.