Family and Medical Leave Act (FMLA)
Federal statute (29 U.S.C. § 2601 et seq.) requiring covered employers to provide eligible employees up to 12 workweeks of unpaid, job-protected leave per 12-month period for specified family and medical reasons. Coverage: private employers with 50+ employees in 20 or more workweeks in the current or preceding calendar year, and all public agencies and schools. Eligibility: 12 months service, 1,250 hours worked, and a worksite where the employer has 50+ employees within 75 miles. Job restoration and benefits continuation required. Up to 26 weeks for military caregiver leave.
The Family and Medical Leave Act (FMLA) requires covered employers to provide eligible employees up to 12 workweeks of unpaid, job-protected leave per 12-month period for specified family and medical reasons. Enacted in 1993, the FMLA addresses workplace tensions around childbirth, family caregiving, and serious illness by guaranteeing leave without termination. Coverage is significant but not universal. Private employers are covered only if they have 50 or more employees in 20 or more workweeks in the current or preceding calendar year, and an employee is eligible only if the employer has 50 or more employees within 75 miles of the worksite and the employee meets length-of-service and hours-worked thresholds. The FMLA coordinates with the ADA, workers' compensation, and various state and local leave laws (Texas has no state FMLA equivalent).
Qualifying reasons for FMLA leave
FMLA permits up to 12 workweeks of leave for: (1) birth and bonding with newborn child (within 12 months of birth); (2) placement for adoption or foster care and bonding (within 12 months); (3) serious health condition of family member, spouse, child, or parent (not in-laws, siblings, grandparents); (4) employee's own serious health condition rendering employee unable to perform essential functions; (5) qualifying military exigency arising from family member's covered active duty. Up to 26 workweeks (single 12-month period) are available for: (6) military caregiver leave, care for covered servicemember with serious injury or illness incurred in line of duty.
"Serious health condition" defined
"Serious health condition" includes: (1) inpatient care, overnight hospitalization; (2) incapacity plus continuing treatment, incapacity of more than three consecutive, full calendar days with qualifying treatment by a health care provider; incapacity due to pregnancy or prenatal care also qualifies; (3) chronic conditions, long-term conditions requiring periodic visits and treatment; (4) permanent or long-term conditions; (5) multiple treatments, for restorative surgery or conditions requiring multiple treatments. Ordinarily, unless complications arise, the common cold, the flu, upset stomach and similar conditions do not qualify (29 C.F.R. § 825.113(d)).
Job restoration and benefits
FMLA provides specific protections: (1) job restoration, return to same or "equivalent" position; equivalent means similar pay, benefits, working conditions, terms; (2) benefits continuation, group health coverage continues during leave on same terms (employee pays normal employee share); (3) no retaliation, adverse action for FMLA leave use is prohibited; (4) no interference with FMLA rights. Key employees (top 10% earners) may be denied restoration in narrow circumstances.
Intermittent and reduced-schedule leave
FMLA leave can be taken intermittently or on reduced schedule when medically necessary: (1) medical treatment, periodic appointments, chemotherapy, dialysis; (2) chronic condition, flare-ups; (3) pregnancy-related conditions; (4) family care, covering serious health condition of family member with periodic care needs. Tracking intermittent leave use against the 12-week annual entitlement is operationally complex.
Notice and certification
FMLA notice requirements: (1) employee notice to employer, 30 days advance notice when foreseeable; "as soon as practicable" otherwise; (2) employer notice of FMLA designation, within 5 business days after sufficient information; (3) medical certification, employer can require certification from healthcare provider supporting need for leave; second/third opinions available at employer expense; (4) recertification, which the employer may generally request no more often than every 30 days and only in connection with an absence, with longer intervals where the certified duration is longer; (5) fitness-for-duty certification, required for return from own-serious-health-condition leave if employer policy so requires. An employer that fails to designate leave timely may designate it retroactively unless the delay harmed the employee. If it caused harm, the failure may be an interference violation (29 C.F.R. § 825.301(d)-(e); Ragsdale).
Coordination with other leaves
FMLA coordinates with other leave statutes: (1) ADA, leave can be reasonable accommodation; substantial overlap with FMLA serious-health-condition leave; ADA may provide longer leaves than FMLA; (2) workers' compensation, work-related injury creating serious health condition can run concurrent FMLA leave; (3) employer-paid leave, paid leave typically can run concurrently with FMLA at employer or employee election; (4) military leave (USERRA), separate but coordinated. Sophisticated leave administration coordinates all applicable leave types.
Damages and remedies
FMLA enforcement (29 U.S.C. § 2617) provides: (1) back pay and benefits; (2) liquidated (double) damages, awarded unless the employer proves good faith and reasonable grounds for believing it complied (willfulness instead extends the limitations period from two years to three, § 2617(c)); (3) front pay or reinstatement; (4) injunctive relief; (5) attorney's fees and costs. FMLA does not provide compensatory damages for emotional distress or punitive damages, distinguishing it from Title VII and ADA but matching ADEA's structure.
For Texas employers covered by the FMLA, compliance is operational. Questions tend to arise around the handbook policy, how managers recognize leave that may qualify, timely eligibility and designation notices, medical certification, tracking of intermittent leave, coordination with the ADA, workers' compensation and paid leave, and retaliation. For employees, the recurring issues are notice to the employer, timely certification, the 12-week cap and the 26-week military caregiver allowance, and ADA rights that may run alongside the FMLA for chronic conditions. Late designation alone does not extend the 12-week entitlement. An employer may designate retroactively unless the delay harmed the employee (29 C.F.R. § 825.301(d)-(e)).