Family and Medical Leave Act (FMLA)
The Scharfman Law Firm, PLLC represents clients in Family and Medical Leave Act (“FMLA”) claims all over Texas and the United States, and is an aggressive advocate for our clients and their rights. We are committed to helping employees fight for their rights when they have been unlawfully discriminated against in violation of the FMLA.
An eligible employee who works for an employer which employs 50 or more employees within a 75 mile radius is protected for certain types of leave under the FMLA.
An eligible employee must be working for 12 months for the employer and at least 1,250 hours during the preceding 12 months.
The FMLA provides for an employee to take up to twelve weeks of unpaid leave during a twelve month period for one of the following reasons:
- For the birth and care of the newborn child of the employee;
- For placement with the employee of a son or daughter for adoption or foster care;
- To care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- To take medical leave when the employee is unable to work because of a serious health condition.
If an employee is eligible for such leave, the employer generally cannot prohibit such leave or interfere with the employee’s ability to take such leave. Further, an employer cannot retaliate against an employee for his/her exercising of their rights under the FMLA by taking such leave.
Certain statutes of limitations apply to these claims.