FAQ Category
Employee Leave & FMLA FAQs
FMLA eligibility, medical leave, intermittent leave, and how Texas employers handle overlapping leave and accommodation obligations.
Last updated: July 03, 2026 • 29 answers in this category
- Can a Texas employer deny FMLA and still terminate employment?
- Can a Texas employer deny FMLA if paperwork is incomplete?
- Can a Texas employer require PTO to run at the same time as FMLA?
- Can a Texas employer terminate an employee while they are on FMLA?
- Can ADA issues overlap with FMLA or workers’ compensation in Texas?
- Can an employee in Texas take FMLA for anxiety, depression, or another mental health condition?
- Can intermittent FMLA apply to mental health conditions in Texas?
- Can poor performance be addressed after an employee returns from FMLA?
- Can poor performance be addressed if the employee recently requested leave or accommodations?
- Can short-term disability or company paid leave run alongside FMLA in Texas?
- Does FMLA apply to nonprofit employers?
- How can small businesses document discipline, leave, and complaints properly?
- How long can an eligible Texas employee be out on FMLA?
- How quickly should an employer respond to an FMLA request in Texas?
- How should a Texas small business explain unpaid FMLA to an employee?
- Is FMLA paid or unpaid for employees in Texas?
- What conditions qualify for FMLA leave for a Texas employee?
- What documentation should a Texas employer review before disciplining someone on FMLA?
- What forms and notices should a Texas employer give when an employee asks for FMLA?
- What is the difference between lawful termination and FMLA retaliation for Texas employers?
- What medical certification can a Texas employer request for FMLA?
- What mistakes should Texas employers avoid when discussing mental health leave?
- What records should employers keep for FMLA leave decisions?
- What records should employers keep for payroll, leave, discipline, and complaints?
- What should a Texas employer ask for when an employee requests FMLA for mental health?
- What should Texas employers do before replacing an employee who is on FMLA?
- What should Texas employers document when approving unpaid FMLA leave?
- When can workplace stress trigger FMLA or ADA obligations for Texas employers?
- When should FMLA and ADA accommodation conversations happen at the same time?
FMLA coverage and eligibility: the two questions, in order
Controlling authority: DOL Fact Sheet #28 (revised March 2025). Eligibility is 12 months of service, 1,250 hours, and 50 employees within 75 miles — but public agencies and schools are covered regardless of headcount.
| Question | The test | Where employers get it wrong |
|---|---|---|
| Is the employer covered? | Private sector: 50 or more employees in 20 or more workweeks in the current or previous calendar year | Public agencies are covered regardless of headcount, as are public and private elementary and secondary schools. A five-person city department is covered. |
| Has the employee worked 12 months? | Need not be consecutive | Prior service usually counts; USERRA service counts toward both months and hours. |
| 1,250 hours in the previous 12 months? | Actual hours worked, not hours paid | Paid leave and holidays do not count toward the 1,250. |
| 50 employees within 75 miles of the worksite? | Measured from the employee’s worksite | Remote employees are measured from the site they report to, not their home. |
| How much leave? | 12 workweeks; 26 workweeks for military caregiver leave | Measured in the employee’s own workweek — a 32-hour employee gets 32 hours a week for 12 weeks, not 40. |
The notice and certification deadlines
| Step | Who acts | Deadline |
|---|---|---|
| Employee gives notice | Employee | As soon as practicable. The employee never has to say “FMLA.” Enough information to make the employer aware is sufficient. |
| Eligibility Notice and Rights & Responsibilities Notice | Employer | Within five business days |
| Medical certification returned | Employee | At least 15 calendar days, and more where the provider cannot complete it in time |
| Opportunity to cure an incomplete certification | Employer | The employer must identify what is missing in writing and allow at least seven calendar days |
| Designation Notice | Employer | Within five business days of having enough information |
| Recertification | Employer | Generally no more often than every 30 days, and not during the minimum duration stated |
Free tool
Runs the 12-month, 1,250-hour and 50/75-mile tests against your actual numbers.
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