Does Texas have an employee protected medical leave law like FMLA?

Family Medical Leave Act (FMLA) is a federal law protecting the right to medical leave for employees and family members. Some states enacted their own state leave laws that create state level protections. These state laws duplicate FMLA protections or even provide protections greater than FMLA. Some states, like Colorado, have their own state FMLA laws.

Texas lacks a state law for protected medical leave from your job

Texas does not have a state law for protected medical leave like FMLA. This is unsurprising, given that Texas is an extremely employer-friendly state. In Texas employees enjoy protected medical leave under FMLA but no state law creates a state-level remedy or enhances the protections under FMLA. Chapter 81 of the Texas Labor Code is entitled “Work and Family Policies” but all we find there is authorization for a Texas Workforce Commission division that issues scant information about employee benefits and runs a small dependent care grant program.

Although Texas does not have its own FMLA equivalent, employees may have protected leave under other state laws. These include anti-disability discrimination provisions of the Texas Labor Code and worker’s compensation laws. Disability discrimination provisions of the Texas Labor Code require employers to offer reasonable accommodations to disabled employees. Sometimes the reasonable accommodation for a disability involves time away from work. This may be in the form of extended medical leave, intermittent leave, or working from home. The fit between FMLA and reasonable accommodations is complex. If you have a problem with medical leave at work in Texas then you should contact an employment attorney right away to discuss your case.

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