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Do you qualify for unpaid leave under FMLA?

Texas workers might know that they could be eligible for unpaid leave under the federal Family Medical Leave Act. However few people really understand what it takes to qualify for FMLA. Below is a summary of the eligibility requirements and what it covers.

An employee may take 12 weeks of unpaid leave during a 12 month period without having to worry about losing his or her job. There are three main requirements for FMLA eligibility. The first is that the company has at least 50 employees working within a 75 mile radius of the its site. The person must be employed with the company for a minimum of 12 months (second requirement) and 1,250 actual work hours (third requirement) before applying for leave under FMLA.

There are a number of scenarios that are covered by the act. Time may be taken to prepare for the birth of a child, to be at home once the child is born or to prepare for and be home when adopting or fostering a child. If the employee or a member of his or her immediate family is diagnosed with a serious health condition, time may be taken to care for the employee or family member. Finally, if an employee or the employee's spouse is called to active duty, the employee may take time to prepare for deployment.

Based on this summary alone, some Texas workers might not believe they qualify for leave under the FMLA. However, this is just a summary. If you want to be sure that you qualify -- or have been denied FMLA by your employer, but you believe you are eligible -- it would be a good idea to consult with an employment law attorney.

Source: FindLaw, "FMLA Eligibility", Accessed on March 31, 2016

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