Legal Question in Medical Leave in Texas

Fmla

I started work 10/30/06. I found out in 01/07 that I was pregnant. I am right now 35 weeks. My doctor sent a note saying that I needed to stay home per complications with my pregnancy. I took my two weeks paid vacation and leave without pay until the baby is due, which should be Aug. 21st since we are having a c-section, then Parental Leave kicks in, which I am entitled to 12 weeks of unpaid leave. That is fine with me, but my supervisor said that I will not have a job when I get back. Can they do this to me?


Asked on 7/19/07, 10:42 am

3 Answers from Attorneys
Roger Evans Mathis & Donheiser

Re: Fmla

I am sorry, but the lawyer who answered this question is wrong. You are not entitled to any FMLA leave at all. You will not have not been employed long enough at the time your leave begins. Your employer has no obligation to keep your job open, although he would, in general, have this obligation if you were covered by FMLA.

Read more
Answered on 7/24/07, 12:05 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Fmla

No, there was a recent decision in which the transit authjority got slammed with a verdict for denying leave to a bus driver who was pregnant.

Provided you have filed all the necessary documentation to fulfill the FMLA leave requirements of your employer, they can't just fire you.

Contact me if you would like to discuss this further.

Mark Moroknek

Read more
Answered on 7/19/07, 10:46 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Fmla

I was under the impression you were asking about New York when I wrote my answer. I am not sure about TX but it should be the same.

Read more
Answered on 7/19/07, 10:50 am


Related Questions & Answers

More Family Medical Leave Act questions and answers in Texas