When the Family and Medical Leave Act Does Not Apply

Labor laws in the United States are often applied differently, depending upon a variety of complex factors. The law may apply in full-effect in some situations, while in others there may be no federally mandated protection. With the Family and Medical Leave Act, there are several instances when either the federal government or the Texas state government will not provide time off.

If you believe that you have been wrongly denied protection under the FMLA, it is important that you consult with a skilled and experienced attorney who can help you to determine whether you may need to pursue a civil action. Contact the Houston employment lawyers of the Ross Law Group today by calling 713-482-6910.

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The federal Family and Medical Leave Act was created with a general framework in mind, giving states the right to modify the law for their own non-federal workers. Some states, including Texas, do not have their own state modifications to the law. In the following cases, employees are not permitted to use the days off protected by the Family and Medical Leave Act:

  • Part-time workers with less than 1,250 hours worked in a year
  • To attend regular check-up appointments with doctors
  • If the employer employs fewer than 50 workers
  • To recover from short-term sicknesses
  • To help an elderly relative
  • To help a pet

In the state of Texas, the federal law stands as the state law as well, enforced without any special modification.

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There may be some discrepancies between what can be considered a valid reason for time off and what is otherwise not permitted under the law. If you feel that your employer has violated this law in your situation, contact the Houston employment attorneys of the Ross Law Group at 713-482-6910.

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