FMLA Eligibility in Texas: Who Qualifies for Family Leave

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., provides eligible employees with up to 12 weeks of unpaid, job-protected leave per 12-month period. FMLA applies to public and private employers with 50 or more employees within 75 miles of the worksite, including federal, state, and local government agencies. Covered employees must have worked for the employer for at least 12 months and completed 1,250 hours of service in the past 12 months.

Qualifying reasons for FMLA include: the employee's own serious health condition; care for a spouse, parent, or child with a serious health condition; childbirth or adoption; military caregiver leave (to care for a covered servicemember with a serious injury or illness); and military exigency leave when a spouse, parent, or child is called to active military duty. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider, 29 C.F.R. § 825.115.

While on approved FMLA leave, employees retain their group health insurance coverage under the same terms as if they were actively working. Employers must continue paying their share of premiums. Upon return from FMLA leave, employees must be restored to their original position or an equivalent position with equivalent pay, benefits, and terms of employment, 29 U.S.C. § 2614. The EEOC and Department of Labor Wage and Hour Division enforce FMLA rights.

Texas does not provide a state-specific FMLA equivalent or enhancement beyond the federal Family and Medical Leave Act. Texas Labor Code § 51.001 et seq. governs some leave requirements, but these statutes address only jury duty leave and witness leave in criminal or civil proceedings—they do not create an expanded medical or family leave right comparable to federal FMLA.

Texas is a private-contract state and generally allows at-will employment without mandating leave for medical or family reasons beyond what federal law requires. Consequently, all FMLA eligibility determinations in Texas—including employer coverage, employee tenure requirements, hours thresholds, qualifying reasons, and leave duration—are governed exclusively by the federal FMLA, 29 U.S.C. § 2601 et seq., and its implementing regulations at 29 C.F.R. Part 825.

Texas employers and employees have no additional state-law protections or expanded eligibility criteria. An employee in Texas must meet the federal FMLA standards: employer must have 50+ employees within 75 miles, the employee must have 12 months tenure and 1,250 hours worked in the past 12 months, and the leave must be for a qualifying reason. Unlike some states that provide paid family leave or expanded definitions of family members, Texas provides neither.

Texas does not modify the remedies available under FMLA. Employees may pursue federal claims through the Department of Labor Wage and Hour Division, file private lawsuits for damages (including back pay, front pay, and liquidated damages equal to lost wages), or pursue administrative complaints with the EEOC if the FMLA violation intersects with discrimination on a protected class basis. Texas courts apply federal FMLA law directly without state-law modifications.

FMLA does not apply to employers with fewer than 50 employees within 75 miles, including small businesses that are not covered under the statute. Employees who have not worked 12 months for their current employer are not eligible, even if they worked for a predecessor or related company. Employees who have not worked 1,250 hours in the past 12 months are not eligible, regardless of tenure; part-time employees often fall below this threshold.

FMLALeave is unpaid unless the employer or an applicable collective bargaining agreement provides otherwise. Employers may require employees to use accrued paid time off (vacation, sick leave, personal days) concurrently with FMLA leave in Texas if state law permits. Texas does not mandate paid sick leave or PTO, so employers have broad discretion to set these policies.

Certain categories of workers are excluded from FMLA coverage: independent contractors, volunteers, and employees of employers who do not meet the size threshold. Federal, state, and local government employees are covered by FMLA, but may have additional or different leave rights under civil service laws.

FMLADoes not protect leave for routine or preventive care (e.g., annual physicals, dental cleanings) unless they involve continuing treatment. Cosmetic procedures are excluded unless they arise from accident or injury. The employee's condition must require continuing treatment or inpatient care to qualify as a serious health condition. Employers may require medical certification and may deny leave if the employee fails to provide timely notice (at least 30 days for foreseeable leave, as soon as practicable for unforeseeable leave).

Step 1: Document all communications. Keep copies of leave requests, medical certifications submitted, employer responses, denial letters, and any written policies about FMLA or leave. Track dates you requested leave, dates you actually took leave, dates you were told you were ineligible, and any retaliatory actions (discipline, termination, reduced hours) that followed your FMLA request. Store emails, text messages, and performance reviews in a safe location.

Step 2: Exhaust internal complaint processes if available. Review your employee handbook for any grievance procedure and follow it exactly—even though FMLA does not require internal remedies, documenting your effort shows good faith and may be required by contract. Send a written request to your HR department explaining why you believe you qualify for FMLA and why the denial was improper. Keep a copy of this communication and any response. If your employer has a designated HR contact or FMLA administrator, send the request directly to that person with a read receipt or certified mail.

Step 3: File a complaint with the Department of Labor Wage and Hour Division (WHD) or pursue a private lawsuit. There is no administrative prerequisite in Texas—you may file suit directly in state or federal court without filing with WHD first. However, filing with WHD creates an administrative record and may lead to settlement negotiations. To file with WHD: go to www.dol.gov/agencies/whd/fmla, or contact the Dallas Field Office at (972) 850-2500 (or the Houston office at (713) 718-7555). You have up to two years from the violation to file a WHD complaint (three years if the violation was willful). For private litigation, you may file in federal district court in the state of Texas under 28 U.S.C. § 1331 (federal question jurisdiction) or in Texas state court under concurrent jurisdiction. Provide the court with: (1) your name, dates of employment, and job title; (2) dates you requested FMLA leave and reason for the request; (3) documentation of your 12-month tenure and 1,250 hours; (4) proof of the denial or retaliatory action; (5) evidence of damages (lost wages, healthcare costs, emotional distress); and (6) the employer's size and number of employees within 75 miles.

Step 4: Understand the investigation and litigation process. If you file with WHD, an investigator will contact your employer and request personnel records, leave policies, and payroll documentation. The investigation typically takes 30-90 days. If WHD finds a violation, it will attempt to facilitate settlement. If settlement fails, WHD may refer the case to the Department of Justice for litigation on your behalf, though this is rare. If you file a private lawsuit, the employer will answer your complaint within 21 days, discovery will proceed over 6-12 months (exchanging documents, taking depositions), and the case may settle or proceed to trial. FMLA violations are strict liability—the employer's intent does not matter; if it denied qualifying leave wrongfully, it is liable.

Step 5: Consult an employment attorney before deciding whether to file WHD or sue. Contact a lawyer licensed in Texas who practices FMLA and employment law. Many offer free initial consultations. An attorney can evaluate whether you meet all FMLA eligibility criteria, assess the strength of your claim, estimate potential damages (back pay plus liquidated damages equal to lost wages, plus attorney fees and court costs, plus front pay), and advise whether to pursue administrative or court remedies. If the employer is very large or the violation egregious, litigation may be warranted. If the employer is small or the claim marginal, WHD complaint or settlement negotiation may be preferable. Visit the State Bar of Texas website (www.texasbar.org) to find referrals to employment lawyers in your area.