Legal Question in Medical Leave in Texas

Leave-Paid and Unpaid

I am currently out on maternity leave and have elected to take an additional 6 weeks off of work. I am a teacher and will not be compensated for the time off. I have short term disability and will be compensated for 6 weeks but I elected to take this coverage and contribute monthly for the coverage. A colleague of mine has a young son with a severe medical condition and he has been forced to take many weeks off of work. The time is not consecutive, a day or two, etc. He is receiving full pay and is not being docked any time off for being out. It is my understanding that both situations fall under the FMLA. My employer has stated that my colleague is being given the opportunity to work on Sat. and Sundays to make up the time and justify the pay. Can I make the same request? I feel that I should be entitled to pay as well since we are both caring for children.


Asked on 9/24/03, 4:58 pm

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: Leave-Paid and Unpaid

It appears that you and your male colleague are being treated differently, and that the FMLA would apply to both your situations. If this differential treatment is based on gender, you might have standing to seek to have this situation changed, and could certainly seek to have the same accomodation in any event.

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Answered on 10/03/03, 2:56 pm


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