The Family and Medical Leave Act (FMLA) provide certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.
FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
- For the birth and care of the newborn child of an employee
- For placement with the employee of a child for adoption or foster care
- To care for an immediate family member (spouse, child, or parent) with a serious health condition
- To take medical leave when the employee is unable to work because of a serious health condition.
Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.
Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave. Special rules apply to employees of local education agencies.
Mr. Roger Davie - Bio
Mr. Roger Davie has been a practicing lawyer since 1985. He is licensed in both Texas (1985) and New Mexico (1986) and both the state and federal courts. Mr. Roger Davie is one of the few Board Certified Attorneys in Employment Law in El Paso who exclusively represents employees.
Mr. Davie started off his career representing employers and defendants and working for large law firms until he switched sides and started representing Employees in their claims for wrongful termination and workplace injuries. This gives Mr. Davie a unique perspective and allows him to better represent his clients. Mr. Davie exclusively represents employees and is one of the most experienced employment lawyers in El Paso. Mr. Davie takes cases in El Paso, Las Cruces, Southern New Mexico and far West Texas.
Mr. Davie only takes cases on a contingency so there is never a charge unless Mr. Davie receives a recovery for you.
If you have been wrongfully terminated or injured on the job you deserve to have a lawyer who is Board Certified by the Texas Board of Legal Specialization representing you in your claim. Almost every lawyer in El Paso who represents your employer is Board Certified by the Texas Board of Legal Specialization in Employment Law; you should have a Board Certified lawyer on your side as well.