Navigating FMLA and Leave Management for Texas Employers

The Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid, job-protected leave annually for qualifying reasons. For Dallas employers meeting coverage thresholds, FMLA compliance is mandatory—and violations carry significant penalties.

Employer Coverage FMLA applies to employers with 50 or more employees within a 75-mile radius for at least 20 calendar weeks in the current or preceding year. This includes full-time, part-time, and temporary workers. Once covered, employers remain subject to FMLA even if employee count later drops below 50.

Employee Eligibility To be eligible, employees must have worked for the employer for at least 12 months (need not be consecutive), worked at least 1,250 hours during the 12 months before leave begins, and work at a location where the employer has at least 50 employees within 75 miles.

The 12-Month Calculation Employers can choose how to calculate the 12-month period: calendar year, fixed "leave year," or—most common—a rolling 12-month period measured backward from leave use. Choose consistently and communicate your method in policy documents.

Qualifying Reasons for Leave FMLA leave may be taken for birth of a child and bonding during the first year, placement of a child for adoption or foster care and bonding, serious health condition of the employee, caring for a spouse, child, or parent with a serious health condition, and qualifying military exigency or to care for a covered servicemember.

Serious Health Condition This is the most complex qualifying reason. A serious health condition involves inpatient care, or continuing treatment including incapacity of more than three consecutive days plus ongoing treatment, pregnancy or prenatal care, chronic conditions requiring periodic treatment, permanent or long-term conditions requiring supervision, and multiple treatments for restorative surgery or chronic conditions.

Proper administration protects both employees and employers. Consistent processes are crucial.

Notice Requirements When leave is foreseeable, employees must provide at least 30 days' notice. If not foreseeable, notice should be given as soon as practicable—typically the same or next business day. Employers can require employees to follow normal call-in procedures for unforeseeable absences.

Certification Employers may require medical certification for serious health conditions. Use DOL-approved forms (WH-380-E for employee's own condition, WH-380-F for family member). Employers must allow at least 15 calendar days for employees to return certification. Incomplete or insufficient certification can be clarified through the employee, but employers cannot contact healthcare providers directly (HR can with employee permission).

Designation Once eligible employees request leave for qualifying reasons, employers must designate it as FMLA-protected and notify employees within five business days. Use Form WH-381 or equivalent written notice. Track FMLA leave carefully—employers who fail to designate leave may not count it against the 12-week entitlement.

Job Protection Employees returning from FMLA leave must be restored to the same position or an equivalent position with equivalent pay, benefits, and working conditions. Limited exceptions exist for "key employees" (highest-paid 10% where restoration would cause substantial economic harm), but this exception is rarely applicable.

Benefits Continuation Employers must maintain health insurance coverage during FMLA leave on the same terms as if the employee had continued working. Employees remain responsible for their share of premiums. If employees don't return, employers may recover premiums paid during leave.

Intermittent FMLA leave—taken in separate blocks for a single qualifying reason—creates the most administrative complexity for Dallas employers.

When Intermittent Leave Applies Intermittent leave is available when medically necessary for the employee's or family member's serious health condition. It's also available for qualifying military exigency. For bonding leave (birth, adoption, foster placement), intermittent leave requires employer agreement.

Tracking Intermittent Leave The smallest increment of intermittent leave is the shortest time period the employer uses for other leave types, but never more than one hour. Track time carefully—employees are entitled to the equivalent of 12 workweeks, calculated based on their normal schedule.

Common Intermittent Leave Challenges Abuse is a frequent employer concern. Signs include absence patterns (frequent Monday/Friday absences, absences coinciding with desirable shifts), leave duration exceeding certification, and failure to follow notice procedures. Address suspected abuse through legitimate means like recertification, fitness-for-duty examinations, and consistent policy enforcement.

Managing Intermittent Leave Best practices include getting certification that specifies anticipated frequency and duration, requesting recertification when circumstances change or every 30 days for ongoing conditions, assigning employees to alternative positions with equivalent pay and benefits that better accommodate leave, and documenting all leave instances and communications.

FMLA rarely operates alone—it typically runs concurrently with other leave types, creating coordination challenges.

FMLA and Paid Leave FMLA leave is unpaid, but employers can require (and employees can choose) to substitute paid leave. This means requiring employees to use accrued vacation, sick time, or PTO during FMLA leave. Important: substitution doesn't extend FMLA protection beyond 12 weeks—it simply determines whether leave is paid.

FMLA and Short-Term Disability For employees with their own serious health condition, short-term disability often provides wage replacement during FMLA leave. These leaves run concurrently—the FMLA clock runs during disability, and disability payments are made during FMLA leave. Document this clearly to avoid confusion.

FMLA and Workers' Compensation When an employee has a work-related serious health condition, workers' comp and FMLA may run concurrently. Key difference: workers' comp requires return to the same position if available, while FMLA requires restoration to the same or equivalent position.

FMLA and ADA This intersection creates significant complexity. FMLA provides 12 weeks of job-protected leave; when that expires, employees may still be entitled to additional unpaid leave as an ADA reasonable accommodation if they could return to work with more time. Analyze each situation individually.

Texas-Specific Considerations Texas doesn't have a state family and medical leave law that exceeds FMLA requirements. However, some local ordinances may create additional obligations. Dallas employers should stay informed of local developments.

FMLA violations often result from administrative errors rather than intentional misconduct. Avoid these common pitfalls:

Failure to Designate Many employers fail to designate qualifying leave as FMLA-protected, then try to apply FMLA retroactively. Courts have been inconsistent on whether undesignated leave counts against the FMLA allotment. Best practice: designate promptly once you have sufficient information.

Requesting Diagnosis Employers may request information about whether the condition is a serious health condition, but may not request the diagnosis itself. Medical certifications should provide information about incapacity and treatment without disclosing the underlying condition name.

Contacting Healthcare Providers Directly HR professionals may contact healthcare providers to clarify or authenticate certifications, but only with employee permission. Supervisors and managers may never contact healthcare providers.

Negative Performance Actions Using FMLA leave as a negative factor in any employment decision—discipline, performance ratings, promotions, layoffs—constitutes interference or retaliation. Evaluate employees based on actual performance, not leave usage.

Inconsistent Application Applying different FMLA standards to different employees invites discrimination claims and undermines credibility. Document your FMLA processes and apply them consistently.

Inadequate Documentation Maintain detailed records of all FMLA communications, certifications, and decisions. If disputes arise, documentation is your defense.

Beyond FMLA compliance, effective leave management improves employee experience and operational efficiency.

Centralized Leave Administration Designate specific individuals (or departments) to handle all leave requests consistently. This ensures knowledgeable processing and reduces inconsistency that breeds legal risk.

Clear Policies and Communication Publish leave policies that explain types of leave available, eligibility requirements, request procedures, approval processes, and return-to-work expectations. Review policies with employees during onboarding and when they request leave.

Technology Solutions Leave management software (standalone or within HRIS platforms) can automate tracking, ensure timely notices, and provide reporting. Key features to evaluate include FMLA eligibility tracking, absence calendar integration, certification tracking and alerts, and compliance reporting.

Manager Training Supervisors are often the first point of contact for leave requests. Train them to recognize potential FMLA situations, respond appropriately to requests, avoid statements that could constitute interference or retaliation, and escalate to HR rather than making decisions themselves.

Return-to-Work Process Establish clear procedures for employees returning from leave. Where appropriate, require fitness-for-duty certification. Conduct return-to-work conversations to discuss any needed accommodations and reintegration needs.