Legal Question in Medical Leave in Texas

Can they do that?

I was working for a company, had some problems with my leg and had to take some time off to take care of it. While i was off they laid me off, and did not rehire me. Can they do that legally?


Asked on 4/09/04, 5:18 pm

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: Can they do that?

Several questions and issues are important. First, did you request FMLA leave? Second, did the company grant it? Third, is the company of a size at which FMLA applies? Fourth, have you been employed long enough and with enough hours to qualify? Fifth, was your position subject to a "key employee" exception? There are other issues as well, but generally speaking you may not be laid off while on FMLA leave in the absence of certain extenuating circumstances. You may wish to consult an attorney for more specific advice.

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Answered on 4/09/04, 5:30 pm


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