Can My Employer Require Me to Use FMLA Leave?

The federal Family & Medical Leave Act (FMLA) provides important job-protection benefits for workers in Texas and across the U.S. who need time off to deal with serious medical issues. However, the law contains several provisions that limit the amount of leave time an employer must allow for its employees.

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Required FMLA Leave

The federal Family & Medical Leave Act (FMLA) provides important job-protection benefits for workers in Texas and across the U.S. who need time off to deal with serious medical issues. However, the law contains several provisions that limit the amount of leave time an employer must allow for its employees.

In general, FMLA-eligible employees can take up to 12-weeks of unpaid leave in any 12-month period if they cannot work because of a serious medical condition, need to care for a close relative with a serious medical condition, or for the birth or adoption of a child.  Those 12-weeks can be taken all at once, intermittently in blocks of time, or by means of a reduced daily or weekly work schedule as the condition or situation requires.

Employer FMLA Notification Requirement

But what if you’d rather take paid leave that you have earned and save those 12 FMLA weeks for later in the year? Can your employer start the clock on those 12 FMLA weeks during your paid leave?

The answer is yes, so long as your employer notifies you that they are doing so.

In other words, if you are taking paid vacation or sick time off for an FMLA-qualifying reason, then that time can count toward your 12-weeks of FMLA leave. Likewise, if you take time off to recover from a work-related illness or injury under a workers’ compensation program, that time could also count toward your 12 FMLA weeks.

However, your employer is required to tell you at the time you take paid or workers’ compensation leave that it is also considered FMLA leave. What if they don’t? Under FMLA regulations, an employer can try to retroactively designate that time as FMLA leave, but if you can somehow show you would be harmed by it, then they are barred from doing so.

Getting Help from an FMLA Lawyer

The FMLA does provide basic protections to employees dealing with family and medical issues. Depending on your employer’s policies and practices, however, it may very well not represent as much additional time off as you think it will. Know your rights, and if you think you’ve been treated unfairly, call us to review your case.

If you or a loved one has been injured in an accident regardless of where you live, we will be happy to evaluate your potential case through a free consultation.

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    Past Success

    Our firm has successfully handled federal Family & Medical Leave Act (FMLA) cases. To read the stories behind some of our past settlement and verdicts.

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    Our Team is Here to Help

    Below is a list of some of the most-frequently-asked questions by our clients and prospective clients. If you still have any questions, feel free to contact us.

    • Can A Lawyer or Law Firm Loan Me Money While My Case Is Pending?

      In Texas, the answer is yes. In most other states, including New Mexico, a lawyer cannot loan a client any money.

      We regularly loan money to Texas clients (or clients with Texas cases) for lost wages, medical care, housing, transportation, and funeral expenses. If we don’t win your case, you don’t have to pay us back, and we never charge interest on loans to clients.

      Learn more about loans from lawyers.

    • How do I pay an attorney to help me?

      Most injury attorneys such as the law firm of Glasheen, Valles & Inderman will work on a contingency fee basis. This means that you do not owe any fees unless we are successful in recovering money for you. We are also willing to pay the expenses in your case “up front.” You also will not owe us any fee or expenses unless we make a successful recovery in your case. We do not charge for our initial consultation and we will be happy to review our contract with you and explain in person how the fee agreements work. A typical contingency is 40% plus expenses, depending upon the type of case.

      Most personal injury attorneys don’t require a retainer. A retainer is an up-front payment for attorney services. As the attorney works, they will bill against the retainer. Because most personal injury attorneys work on a contingency percentage fee, no retainer or up-front payment is required; the lawyer won’t be paid until the very end of the case, making it easier for clients to obtain the services of a personal injury attorney.

    • How long will my claim take to resolve?

      The time it takes to resolve a personal injury claim depends very much on the type of case. We believe that it is important to prosecute claims as quickly and efficiently as possible. We usually like to have our client finish with their medical treatment so that we can fully and properly evaluate their injuries before we attempt to settle the claim. Sometimes we can assist a client with making advances to cover lost wages or living expenses while the client is waiting for the case to be resolved. Typically, automobile accident cases with fairly minor injuries can be resolved in about six months. More serious accident cases usually take anywhere from six months up to a year and a half or longer.

    • What if my case goes to trial and I lose?

      If you lose at trial, or if your recovery is not as high as it should be, we can discus filing an appeal, which typically happens if the judge makes a mistake during the trial. With respect to expenses and fees, you will owe us nothing for our time, attorney’s fees or our expenses if we lose your case at trial.

    • Why should I hire an attorney?

      Potential defendants are usually covered by insurance. The insurance companies are notified immediately when an accident occurs, and they usually hire attorneys and expert witnesses to investigate the claim. It is important that witnesses be interviewed as soon as possible and evidence be preserved. Witnesses will often be more difficult to locate or will have a poor memory if they are interviewed much later after the accident has occurred. Evidence such as machinery parts or skid marks on the highway will disappear unless preserved quickly. Insurance companies have insurance adjusters who will contact you and try to be friendly. You should not trust the statements that insurance adjusters make to you. They are not working for you and will sometimes make misleading statements in an effort to trick you into resolving your case. Insurance adjusters also might record your conversations with them and use your statements against you in order to try to save money for the insurance companies.

      The main thing we try to impress upon people is that it’s never too early to talk to an attorney, and it’s always too late. By that we mean that speaking with an attorney very soon after a crash or other accident in no way will harm you. Along the same lines, the longer you try to handle a claim on your own or delay hiring competent counsel, irreparable damage can be done in the form of recorded statements given to the insurance companies and evidence not being preserved. There is no risk or fee for speaking with an attorney and arranging an initial consultation.