Family & Medical Leave
Houston employment lawyers Robert J. Wiley and Kalandra N. Wheeler represent Houston workers who need time off work. We understand that more likely than not you are in a time in your life where having to worry about your job may be too much to handle. In such a case you need a team of attorneys that will fight for you.
It is a fact of life that as some point in your life you will either need time to care for yourself or you will need time to nurture back to health a loved one. Under the FMLA you may be eligible to get time off of your work.
Under the FMLA, if you are a qualified employee that works for a covered employer you may be eligible to receive up to 12 weeks of unpaid time off. These 12 weeks may be taken in one long absence. The twelve (12) weeks of time may also be taken in smaller intervals of time off, which would in essence help you keep doctors’ appointment, treatments, and other related requirements. This is often referred to intermittent FMLA leave.
So what exactly is would make an employee a qualified employee? Well, in order to be consider a qualified employee under the FMLA you must:
- Worked for the employer for the past years;
- During that year you must have worked at least 1,250 hours or more; and
- Be employed by an employer that has at least 50 employees within a 75-mile radius of your particular worksite.
- Care for a newborn child;
- Care for themselves when stricken with a serious medical condition;
- Care for a newly adopted child;
- Care for a close family member like a spouse, parent or child; and
- Fulfill military duties such as deployment or training.
Although it is not something guaranteed, the law does provide that if possible once an employee returns from leave they man have certain rights. Once that employee has come back from FMLA leave they may be eligible to:
- Receive the same pay that they were receiving before they left on leave;
- Receive the same benefits that they were receiving before the employee took leave;
- Have the same job duties, although minor alterations are allowed;
- To be reinstated in a similar or equivalent shift or schedule; and
- Be reinstated in the same worksite.
If you are having any difficulty taking leave, returning to work, or experiencing retaliation, do not hesitate to contact our law firm. Generally, you will meet with an attorney to discuss your matter. If we believe a violation of the law has occurred and if you decide to hire us, we will sign a representation agreement and enforce your rights.