Legal Question in Family Law in Texas

Not qualifying for Family Leave

Two employees in my office have NOT qualified for the Family Leave Act (neither were employed for 12 months before they began their leave) yet they were allowed to take leave with all of the benefits of the Family Leave Act, i.e., their insurance benefits were continued and they returned to their jobs at the same rate of pay and position. Is this legal? Also, since this precendent has been set in our office, is the office legally and/or ethically bound to apply it to all employees and future employees? We are a state of Texas institution.


Asked on 2/15/02, 9:13 pm

2 Answers from Attorneys
Stephen A. Nicholas Nicholas and Barrera, P.C.

Re: Not qualifying for Family Leave

You need an employment law attorney ...

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Answered on 2/18/02, 12:52 pm
James Grissom Law Office of James P. Grissom

Re: Not qualifying for Family Leave

The FMLA provides protection to employees who do not provided benefits to qualifying employees. If a benevolent employer chooses to provide more benefits than required by FMLA, it sounds like a pretty good place to work. I doubt that the precedent would have to continue, but a case of discrimination might arise if benefits are provided to one class and not another.

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Answered on 2/16/02, 11:03 am


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