FMLA Eligibility Texas: Complete Guide to Requirements & Coverage
If you’re a Texas employee wondering whether you qualify for job-protected leave, understanding FMLA eligibility requirements is critical. Texas has no state-mandated paid leave laws, which makes the federal Family and Medical Leave Act (FMLA) the primary protection for workers needing time off for medical or family reasons.
This guide explains exactly who qualifies for FMLA in Texas, what the law covers, and how to request leave properly.
What Is FMLA and Why It Matters in Texas
The Family and Medical Leave Act is a federal law that provides up to 12 weeks of unpaid, job-protected leave per year. Unlike states like California or New York that offer state-funded paid family leave programs, Texas relies entirely on federal FMLA protections.
Key fact: FMLA is your only guaranteed statutory right to extended leave in Texas for most situations. If you don’t qualify for FMLA, your employer generally has no legal obligation to hold your job while you take leave.
The law was designed to help employees balance work and family responsibilities without fear of losing their jobs. It covers serious health conditions, childbirth, adoption, and military family needs.
The Three Requirements for FMLA Eligibility in Texas
To qualify for FMLA protection in Texas, you must meet all three criteria:
1. Your Employer Must Have 50 or More Employees
Your employer must have at least 50 employees within a 75-mile radius of your worksite. This is calculated by looking at all employees on the payroll for 20 or more workweeks in the current or previous calendar year.
What this means: If you work for a small business with fewer than 50 employees, you are not covered by FMLA. This leaves approximately 40% of Texas workers without FMLA protection. Small employers have no legal obligation to provide unpaid leave or job protection under federal law.
Examples of covered employers:
- Large retail chains
- Hospital systems and medical centers
- School districts
- Manufacturing facilities with multiple shifts
- Multi-location businesses (if combined employee count exceeds 50)
Examples of non-covered employers:
- Local restaurants with single locations
- Small law firms
- Independent medical practices
- Boutique retail stores
- Family-owned businesses
2. You Must Have Worked for Your Employer for 12 Months
You need at least 12 months of employment with your current employer. These 12 months do not need to be consecutive. If you left and were rehired, previous employment periods may count toward this requirement.
Important clarification: The 12 months can span across a break in service as long as the break was less than seven years. For example, if you worked for a company for nine months, left for two years, then returned and worked another three months, you would meet the 12-month requirement.
3. You Must Have Worked at Least 1,250 Hours in the Past 12 Months
This works out to approximately 24 hours per week over a full year. Only actual work hours count toward this requirement, not vacation time, sick leave, or other paid time off.
Calculation example:
- 40 hours per week × 52 weeks = 2,080 hours (full-time employee easily qualifies)
- 25 hours per week × 50 weeks = 1,250 hours (part-time employee just meets threshold)
- 20 hours per week × 52 weeks = 1,040 hours (does not qualify)
Part-time workers: Many part-time employees do not meet the 1,250-hour threshold. If you work fewer than 24 hours per week consistently, you likely won’t qualify for FMLA protection.
What FMLA Covers: Qualifying Reasons for Leave
If you meet all three eligibility requirements, you can take up to 12 weeks of unpaid leave for these reasons:
Serious Health Conditions
A serious health condition involves inpatient care or continuing treatment by a healthcare provider. This includes:
- Chronic conditions requiring periodic treatment (diabetes, asthma, epilepsy)
- Pregnancy complications or prenatal care
- Surgery and recovery periods
- Mental health conditions requiring ongoing treatment
- Cancer treatment and recovery
- Back injuries requiring physical therapy
What doesn’t qualify: Minor illnesses like common colds, routine dental appointments, or cosmetic procedures generally don’t meet the “serious health condition” threshold unless complications arise.
Birth and Care of a Newborn
Both mothers and fathers can take FMLA leave for the birth of a child and to bond with the newborn. This leave must be taken within one year of the birth.
Texas context: Remember, this is unpaid leave. Texas has no state paid family leave program like California (which provides up to eight weeks of paid leave at 60-70% of wages). Unless your employer offers paid parental leave as a company benefit, you’ll receive no income during FMLA leave.
Adoption or Foster Care Placement
You can take FMLA leave to bond with an adopted child or child placed for foster care. Like newborn care, this must be taken within one year of placement.
Caring for a Family Member with a Serious Health Condition
You can take leave to care for:
- Your spouse
- Your child (biological, adopted, foster, stepchild, or legal ward under age 18, or 18+ if incapable of self-care)
- Your parent (biological, adoptive, foster, stepparent, or legal guardian)
Note: FMLA does not cover leave to care for siblings, grandparents, in-laws, or other extended family members.
Military Family Leave
Two special provisions exist for military families:
Qualifying exigency leave: Up to 12 weeks for issues arising from a family member’s active duty deployment (childcare arrangements, financial matters, counseling, rest and recuperation).
Military caregiver leave: Up to 26 weeks in a single 12-month period to care for a covered service member with a serious injury or illness.
How to Request FMLA Leave in Texas
Step 1: Provide Notice to Your Employer
Foreseeable leave (planned surgery, expected birth): Give at least 30 days’ advance notice when possible.
Unforeseeable leave (emergency hospitalization, sudden illness): Notify your employer as soon as practicable, generally within one or two business days.
You don’t need to specifically mention “FMLA” when requesting leave. Simply explain that you need time off for a covered reason. Your employer should then provide FMLA paperwork.
Step 2: Complete Required Paperwork
Your employer must provide you with:
- Notice of Eligibility: Confirms whether you meet FMLA requirements
- Rights and Responsibilities Notice: Explains your obligations and protections
- Designation Notice: States whether your leave is approved as FMLA-protected
You’ll typically need to complete an employee leave request form with basic information about your need for leave.
Step 3: Provide Medical Certification
For leaves related to serious health conditions, your employer can require certification from a healthcare provider. The DOL provides standard forms (WH-380-E for employee’s own condition, WH-380-F for family member’s condition).
The certification must include:
- Date the condition began
- Probable duration
- Medical facts supporting the need for leave
- Whether you need intermittent or reduced schedule leave
Deadline: You generally have 15 calendar days to return the certification, though employers may grant extensions.
Incomplete certification: If your initial certification is incomplete, your employer must notify you of the deficiency and give you at least seven days to cure it.
Step 4: Employer Response
Your employer has five business days to respond after receiving sufficient information. They must inform you whether your leave is designated as FMLA-qualifying.
If approved, your employer cannot retaliate against you for taking leave or interfere with your FMLA rights.
Job Protection Under FMLA
Restoration Rights
When you return from FMLA leave, you must be restored to your original position or an equivalent position with:
- Equivalent pay
- Equivalent benefits
- Equivalent working conditions
- Equivalent duties and responsibilities
Example: If you were a senior accountant before taking leave, your employer cannot return you as a junior accountant or move you to a less desirable shift as punishment for taking FMLA leave.
Benefits Continuation
Your employer must continue your group health insurance during FMLA leave under the same terms as before. You must continue paying your share of premiums.
If you don’t return: If you fail to return to work after FMLA leave (for reasons other than a continuing serious health condition or circumstances beyond your control), your employer may recover health insurance premiums paid during your leave.
Exceptions to Restoration
Limited exceptions exist:
- Key employee exception: The highest-paid 10% of employees may be denied restoration if it would cause substantial economic injury to the employer
- Layoffs: If your position would have been eliminated regardless of your leave
- Failure to return: If you don’t return after your approved leave period ends
Intermittent FMLA Leave
You can take FMLA leave intermittently (in separate blocks of time) or on a reduced leave schedule when medically necessary.
Common scenarios:
- Chemotherapy treatments every few weeks
- Physical therapy appointments twice weekly
- Chronic migraines requiring unpaid time off
- Reduced work schedule after returning from surgery
Employer’s right to transfer: If you need intermittent or reduced schedule leave, your employer may temporarily transfer you to an alternative position with equivalent pay and benefits that better accommodates recurring leave.
Tracking: Intermittent leave is deducted from your 12-week entitlement in the smallest increment your employer uses to track leave (often 15-minute increments for hourly workers).
Common FMLA Mistakes to Avoid in Texas
1. Assuming All Employers Are Covered
Nearly half of Texas workers are employed by companies with fewer than 50 employees. Check your employer’s size before assuming you have FMLA rights.
2. Failing to Provide Adequate Notice
If your need for leave is foreseeable, not providing 30 days’ notice can result in delay or denial of FMLA designation.
3. Not Returning Medical Certification
Your employer can deny FMLA leave if you don’t provide requested medical certification within the deadline.
4. Assuming FMLA Is Paid Leave
FMLA is unpaid. However, your employer may require (or you may choose) to use accrued paid vacation, sick leave, or PTO concurrently with FMLA leave.
5. Missing the Deadline to Return to Work
If you don’t return when your approved leave ends and don’t request an extension, you may lose job protection.
What If You Don’t Qualify for FMLA?
If you work for a smaller employer or don’t meet the hours/tenure requirements, you may still have some protections:
Americans with Disabilities Act (ADA): If you have a disability, your employer may be required to provide unpaid leave as a reasonable accommodation. The ADA applies to employers with 15 or more employees.
Texas Workers’ Compensation: If you’re injured on the job, workers’ comp may provide wage replacement and job protection during recovery.
Pregnancy Discrimination Act (PDA): Employers must treat pregnancy-related conditions the same as other temporary disabilities.
Employer policies: Many companies offer leave benefits that exceed legal requirements. Check your employee handbook.
For more information about leave options when FMLA doesn’t apply, see our guides on Texas sick leave laws and Texas family leave laws.
Protecting Your FMLA Rights
If your employer interferes with your FMLA rights or retaliates against you for taking leave, you have legal recourse. Common violations include:
- Refusing to grant FMLA leave to eligible employees
- Counting FMLA leave as an absence under a no-fault attendance policy
- Discouraging employees from taking leave
- Firing, demoting, or reducing hours because of FMLA leave
- Failing to maintain health insurance during leave
- Refusing to restore you to your position after leave
Learn more about your rights in our guide to FMLA retaliation in Texas.
Frequently Asked Questions
Do I get paid during FMLA leave in Texas?
No. FMLA is unpaid leave. However, your employer may require or allow you to use accrued paid time off (vacation, sick leave, PTO) during FMLA leave, which would provide income. Some employers also offer short-term disability insurance that may provide partial wage replacement for medical leave.
Can my employer fire me for taking FMLA leave?
No. It’s illegal for employers to retaliate against you for taking FMLA leave or to interfere with your FMLA rights. If you’re fired or experience adverse action because of FMLA leave, you can file a complaint with the U.S. Department of Labor.
How many times can I take FMLA leave?
You can take up to 12 weeks of FMLA leave per year for covered reasons. The “year” is defined by your employer (calendar year, fiscal year, or rolling 12-month period). Once your 12-week entitlement renews, you can take FMLA leave again if you have a qualifying reason.
What if I need more than 12 weeks of leave?
FMLA only guarantees 12 weeks (or 26 weeks for military caregiver leave). If you need additional leave beyond FMLA, you may request it as an accommodation under the ADA if you have a disability. Otherwise, your employer has no legal obligation to grant extended leave or hold your job.
Does FMLA apply to remote workers in Texas?
Yes, if you meet all eligibility requirements. Remote workers are counted when determining whether an employer has 50 employees within 75 miles of a worksite. For remote workers, the worksite is typically your home office or the location you report to.
Next Steps: Understanding Your Leave Rights in Texas
FMLA eligibility in Texas depends on your employer’s size and your work history. Because Texas offers no state-level leave protections beyond what federal law requires, understanding FMLA is essential for protecting your job during medical emergencies or family needs.
If you’re facing complications with an FMLA request or believe your employer violated your rights, documentation is key. Keep copies of all leave requests, medical certifications, and employer communications.
For related information, explore:
Return to the Texas Leave Laws Hub for a complete overview of leave rights in Texas.
Legal Disclaimer: This article provides general information about FMLA eligibility in Texas and should not be construed as legal advice. Employment laws are complex and fact-specific. If you believe your FMLA rights have been violated or have questions about your specific situation, consult with a qualified employment law attorney.