FMLA stands for the Family and Medical Leave Act, a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for qualifying family or medical reasons while keeping their health insurance.

What does FMLA mean for employees in Texas?

For Texas employees, FMLA provides unpaid leave with job protection if they work for a covered employer and meet eligibility requirements. Texas does not have a separate state family leave law, so federal FMLA rules apply.

Do you get paid during FMLA leave?

No. FMLA leave is unpaid. However, employers may require employees to use accrued paid time off, sick leave, or short-term disability benefits during FMLA leave.

Can an employer fire you while you are on FMLA?

An employer may only terminate an employee on FMLA leave for legitimate reasons unrelated to the leave. Firing an employee because they took FMLA leave is illegal retaliation.

What are common FMLA violations?

Common FMLA violations include termination after leave, refusal to reinstate an employee, counting leave against attendance policies, or discouraging employees from using FMLA.

13 Jan 2026

What FMLA Means for Employees in Texas

Employee in a Houston office reviewing medical documents and work schedule, representing FMLA leave rights under the Family and Medical Leave Act.

Many employees first hear about FMLA during a stressful moment. A doctor orders time off. A child is born early. A parent receives a serious diagnosis. At that point, questions move fast: What is FMLA? Does my job stay protected? Can my employer fire me?

Understanding the FMLA meaning before a problem escalates can protect your job, your benefits, and your income. As a Houston employment lawyer, I regularly see cases where employees qualified for FMLA leave but lost their jobs because they did not understand how the law works or how employers are allowed to respond.

This guide explains what FMLA means, how it applies in Texas, and when legal help becomes necessary.

FMLA Meaning Explained in Plain English

The Family and Medical Leave Act, often called FMLA, is a federal law that gives eligible employees the right to take time off for serious family or medical reasons without losing their jobs.

In simple terms, FMLA allows certain employees to step away from work during major life events while keeping their position and health insurance intact.

What Is FMLA?

FMLA stands for the Family and Medical Leave Act. Congress passed the law to help workers balance health needs and family responsibilities without risking termination.

Under FMLA, eligible employees can take up to 12 weeks of unpaid, job-protected leave in a 12-month period. During that time, the employer must maintain the employee’s group health insurance as if the employee were still working.

FMLA does not require employers to pay wages during leave. Its core protection is job security.

Employee returning to work after FMLA leave in a Houston office, illustrating job protection under the Family and Medical Leave Act.

Who FMLA Applies To in Texas

Texas does not have a state family leave law that replaces FMLA. Instead, Texas employees rely on the federal statute.

Whether FMLA applies depends on both the employer and the employee.

Covered Employers Under the FMLA

FMLA applies to:

All public agencies
Public and private elementary and secondary schools
Private employers with 50 or more employees

For private employers, the 50-employee threshold applies within a 75-mile radius of the employee’s worksite. This detail matters in Houston, where companies often operate multiple locations.

Employee Eligibility Requirements

Even if the employer is covered, the employee must also qualify. To be eligible for FMLA leave, an employee must:

Work for the employer for at least 12 months
Work at least 1,250 hours during the previous 12 months
Work at a location where the employer has 50 or more employees within 75 miles

Many disputes arise over hours worked, especially for salaried or commission-based employees.

Qualifying Reasons for FMLA Leave

FMLA protects leave only for specific reasons. The law does not cover general stress, burnout, or short-term illnesses like colds or flu.

Medical Reasons

An employee may take FMLA leave for their own serious health condition that prevents them from performing essential job duties. This includes:

Inpatient hospital care
Ongoing treatment for chronic conditions
Conditions requiring multiple medical visits

Intermittent leave may apply if the employee can work some days but not others.

Family-Related Reasons

FMLA also covers leave to care for a:

Spouse
Child
Parent

The law defines these relationships carefully. For example, “parent” does not include parents-in-law, but it can include individuals who acted in place of a parent during childhood.

Birth, Adoption, and Foster Placement

Eligible employees may take FMLA leave for:

The birth of a child
Adoption
Foster care placement

Bonding leave must generally be taken within 12 months of the event. In most cases, this leave must be taken in a single block unless the employer agrees otherwise.

Military-Related Leave

FMLA includes special protections for military families, including:

Leave for qualifying exigencies related to active duty
Up to 26 weeks of leave to care for a covered service member with a serious injury or illness

Employer reviewing FMLA leave and health insurance documents, showing employer obligations under federal FMLA law.

What Protections FMLA Gives Employees

FMLA offers three core protections that matter most in employment disputes.

Job Protection Rights

When FMLA leave ends, the employer must return the employee to:

The same job, or
An equivalent position

An equivalent job must have the same pay, benefits, work schedule, and duties. Employers cannot use leave as a reason to demote, reassign, or sideline an employee.

Health Insurance Continuation

During FMLA leave, employers must continue group health insurance coverage under the same terms. Employees remain responsible for their portion of premiums.

Protection From Retaliation

Employers may not retaliate against employees for requesting or taking FMLA leave. Retaliation can include:

Termination
Demotion
Reduced hours
Discipline tied to leave usage

If you believe retaliation occurred, review our guide on Terminated While on FMLA for more detail on common violations.

Is FMLA Paid or Unpaid?

This is one of the most misunderstood aspects of the law.

FMLA leave is unpaid. Employers do not have to pay wages during FMLA leave.

However, employers may require employees to use accrued:

Vacation time
Sick leave
Paid time off

Short-term disability benefits may also run at the same time as FMLA leave, depending on the employer’s policy.

Intermittent and Reduced Schedule FMLA Leave

FMLA does not always require continuous time off.

Employees may take FMLA leave:

In small increments
On a reduced work schedule

This often applies to ongoing medical treatment. Employers may require medical certification and may track leave in increments as small as 15 minutes.

Salaried employees often face confusion here. While pay deductions may occur for FMLA leave, exempt status is generally preserved.

How to Request FMLA Leave the Right Way

Employees carry responsibilities under FMLA. Mistakes during this stage often weaken otherwise valid claims.

Notice Requirements

When possible, employees should give 30 days’ notice before starting FMLA leave. When emergencies arise, notice must be given as soon as practical.

Medical Certification

Employers may require certification from a health care provider. Failure to provide certification can result in denial of leave.

Employer Communication During Leave

Employers may request limited updates on return-to-work status. They may not pressure employees to return early or discourage leave usage.

What Employers Are Not Allowed to Do Under FMLA

The law prohibits employers from:

Interfering with FMLA leave
Discouraging employees from taking leave
Counting FMLA leave under attendance policies
Refusing reinstatement
Firing employees for using FMLA

Many FMLA violations overlap with retaliation claims under other employment laws.

What Happens When FMLA Is Violated

Common FMLA violations I see in Houston include:

Termination shortly after return from leave
Position changes masked as “business needs”
Attendance discipline tied to leave usage

Damages may include:

Lost wages
Reinstatement
Liquidated damages
Attorney’s fees

If you suspect a violation, review When to Hire an Employment Lawyer to understand timing and evidence issues.

What If You Are Not Covered by FMLA?

If your employer is too small or you do not meet eligibility requirements, other options may still exist:

Employer policies
Disability accommodation laws
Retaliation protections
Contractual rights

Legal review can identify alternatives even when FMLA does not apply.

Frequently Asked Questions About FMLA in Texas

What is FMLA and how does it work?
FMLA provides eligible employees with unpaid, job-protected leave for serious family or medical reasons.

Do I get paid while on FMLA leave?
No. FMLA does not require pay, but paid leave may run at the same time.

What is the most common reason for FMLA leave?
Serious health conditions, childbirth, and caring for immediate family members.

Can my employer fire me while I’m on FMLA?
Employers may terminate employees only for reasons unrelated to leave, and they must prove that decision.

What if my employer refuses FMLA?
You may have a claim for interference or retaliation.

Understanding FMLA Meaning Can Protect Your Career

FMLA protects employees during some of the most difficult moments in life. But the law has strict rules, deadlines, and documentation requirements. Employers often make mistakes, and employees often assume protections exist when they do not.

If your job feels uncertain before, during, or after FMLA leave, do not wait for the situation to get worse. Early legal guidance can preserve your rights and your career.

Clayton Craighead has represented both employees and employers in FMLA disputes across Texas. If you have questions about your rights, a confidential consultation can help you decide next steps before critical deadlines pass.