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FMLA Attorneys in Austin

It’s difficult, if not impossible, to hold down a full-time job while caring for a newborn, tending to an ailing family member, or trying to overcome your own serious medical condition. For that reason, in 1993 the U.S. passed the Family Medical Leave Act (FMLA), entitling workers to unpaid leave – with benefits – in the event of a serious medical condition or issue.

Unfortunately, employers in Texas and across the country often violate the FMLA by firing or otherwise retaliating against employees who request time off for medical reasons. If you think your employer may have violated the Family Medical Leave Act, contact our FMLA attorneys in Austin for a free, confidential consultation. You could be owed money for back pay, front pay, and other damages.

What is the FMLA (Family Medical Leave Act)?

The Family Medical Leave Act of 1993 (FMLA) is a federal law that entitles employees to a certain amount of time off for medical reasons, such as having a baby, caring for a seriously ill family member, or tending to their own serious health condition. In cases that meet FMLA requirements, most employees are eligible to return to their jobs after a period of paid or unpaid leave.

The FMLA itself does not require employers to pay during the leave period, but many companies offer compensation while on leave, or offer short-term disability plans that may provide some pay during that period.

What is the FMLA law in Texas?

The Family Medical Leave Act is a federal law that applies to Texas entities with over fifty employees. To qualify for FMLA leave, an employee must meet the following criteria:

Qualified conditions include the birth of a child, a severe illness, and a seriously ill parent or spouse. See the section below for more information on what medical reasons meet the standards of the FMLA.

What conditions qualify for FMLA leave?

To qualify for FMLA leave, an employee must be requesting time off for one of the following conditions or reasons:

If you’re not sure if your condition or circumstance falls under the Family Medical Leave Act, you should contact an FMLA lawyer in Texas.

Do you get paid for FMLA leave in Texas?

Not usually. FMLA leave in Texas (and in most of the United States) is not required to be paid. That said, employees on FMLA leave are still entitled to their usual group healthcare benefits. Additionally, some employers choose to compensate workers during their FMLA leave, even though they’re not required to.

And, importantly, the employee’s job should be waiting for them when they return from leave. If the employer is unable to give them their old job back, they must offer the employee a role that is substantially equal in terms of pay, benefits, and the scope of their responsibilities.

How does FMLA work in Texas for maternity leave?

If you and your employer are covered by the FMLA, in Texas you are guaranteed 12 weeks of maternity leave. Your employer may not force you to return to work before these 12 weeks have passed. If they do, that may violate both the pregnancy discrimination protections, as well as a violation of the Family Medical Leave Act (FMLA).

You are covered by the FMLA if you’ve been at your job for 12+ months, worked at least 1,250 hours during that period, and if the company has 50+ employees in a 75-mile radius. If you’re not sure whether you are FMLA-eligible, contact an Austin FMLA attorney. Even if the FMLA does not apply, the Americans with Disabilities Act (ADA) or other laws might.

Can an employer deny FMLA in Texas?

No – not if the employer and their worker meet the criteria for unpaid leave under the Family Medical Leave Act. If the employee has worked at the organization for less than 12 months, for example, or if their medical issue fails to meet the standards of the FMLA, they are not entitled to FMLA leave. In addition, if the employer has fewer than 50 employees in a 75-mile radius, they would not be required to grant time off under the FMLA.

If you’re not sure if your employer is legally allowed to deny your FMLA leave request, contact us today for a free, 100% confidential consultation.

Can I be denied a raise because of FMLA?

No, your employer denying you a raise because you exercised your rights under the FMLA would likely qualify as retaliation, which is against the law. Section 105 of the Family Medical Leave Act states: “An employer is prohibited from discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right.” Examples of discrimination or retaliation may include:

Can you be terminated while on FMLA leave in Texas?

As long as the employee still meets the criteria of the FMLA – i.e., their or their loved one’s medical condition still qualifies, and they haven’t taken more time off than they’re allowed – their employer is legally prohibited from firing them while they’re on leave. Unlike denying a worker a raise or promotion, this would likely constitute interference on the part of the employer, which is illegal under the FMLA. The FMLA’s interference protection is one of the strongest employee protections in federal law. When you go on FMLA leave, you have a right to return to your job barring a few minor exceptions.

The fact that FMLA interference is against the law doesn’t mean it doesn’t happen, though. If you think your employer has interfered with your FMLA leave request or your right to return to your job from FMLA leave, contact an FMLA attorney in Austin today. You could be entitled to compensation and benefits.

How much are FMLA lawsuit settlement amounts?

How much you can recover through an FMLA lawsuit will depend on the unique circumstances of your case. FMLA lawsuit awards can range from thousands to millions of dollars. In Texas, these are the damages you may be able to recover from an FMLA settlement or jury award:

A Texas FMLA lawyer can help you determine if you qualify for compensation, and if so, how much you might be owed.

How do I file an FMLA lawsuit?

Contact Kaplan Law – an employment law and civil rights firm that’s been proudly serving Texans since 2015. Founded by Austin Kaplan in Austin, Texas, our firm has represented hundreds of clients in a wide range of employment and civil rights matters, including claims for FMLA violations, retaliation, discrimination, harassment, and breach of contract.

We’ve recovered millions of dollars for our clients; received dozens of five-star reviews on Google and Avvo; and our attorneys have been featured in The New York Times, The Washington Post, Bloomberg, Fast Company, and on CNN.

Reach out today for a free, confidential case review to see if we can help you recover the FMLA compensation you may deserve.

How Can We Help?

Client Testimonials

I reached out to Austin in hopes he could offer guidance with a difficult employment situation which had me feeling helpless and depleted. In my initial meeting with Austin, he offered insight into employment law confirming my suspicions that my employer was not acting in compliance with legal expectations.

Austin was thorough, compassionate, and knowledgeable as he explained legal definitions and the implications associated with various potential actions I might engage. Through the course of the next several weeks as Austin and I worked together, he displayed rich creativity and a deep understanding of the art of both law and negations while always being open to collaborative discussion. Having Austin on my team offered me the support I needed to feel empowered and take action and, ultimately, led me to a resolution which feels both fair and absolute. I have already recommended Austin to several personal friends/colleagues and will continue to voice my support for Austin and his team.

— S.L., Severance Negotiation, Sexual Harassment, Retaliation

I was referred to Austin Kaplan by another attorney, which told me they had a solid peer-rating.  Austin met with me immediately, during a very stressful time.  Hi disarming style made the meeting very comfortable and created an environment to be productive and achieve restitution for my situation (Negotiated severance).  I have since had legal questions and Austin was quick to respond and assist.  Most folks only need attorney’s at stressful times, so knowing someone is there, who knows the law and is in your corner is crucial to making good decisions.

— John S.

I truly enjoyed working with Austin Kaplan of Kaplan Law Firm.  Mr. Kaplan listened to my concerns, reviewed my employment agreement in detail, and then provided some good, solid feedback on what my best options were.  In addition, he went above and beyond in researching additional information even after our meeting.  I would definitely recommend Mr. Kaplan for legal advice concerning employment related matters.

— Matt, Financial Services Non-Compete and Employment Agreement Advice

I would like to personally thank Austin and his staff in handling my first time attorney experience. Him and his staff were very polite and very professional. He really took the time to explain everything which made me feel like he really cared. He responded to every email that I had questions and concerns and I got answers. Thankful I had Austin in my corner. Thank you once again for doing an amazing job. I would highly recommend Austin and his team.

— Jenevieve S.

Kaplan law firm was recommended to me by an attorney friend based on their professionalism and dedication to detail – I wasn’t disappointed, the recommendation was the best I could hope for.

I worked with Mr. Kaplan directly, and he made sure that he understood all the details of my case, he communicated extremely well during the duration of our engagement and got me a very favorable outcome during a stressful time of my career. When you go through an employment dispute you want a good and competent lawyer on your side, and I felt represented extremely well by Mr. Kaplan.

In addition to his representation in my labor dispute Kaplan also provided very good professional advice and I would ask him to represent me again in any labor dispute I might have in the future.

— Otmar F.

Austin Kaplan is a highly qualified attorney. Austin helped recover my unpaid wages from my employer after they gave me the run around for several months. After Austin got involved, it only took one week to recover my unpaid wages. Austin is a trustworthy and I was extremely satisfied with his representation.

— L.V., Unpaid Wages

Mr. Kaplan is highly professional and provided me with a great deal of confidence regarding my employment issue.  I highly recommend him.

— Tim K.

Austin helped out my dad on a employment matter. Within a short time Austin got results and my dad was very happy with the outcome. Austin knows what he is doing I couldn’t recommend him any more.

— Pedro V.



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