In its first FMLA opinion, the Texas Supreme Court held that agencies of the State of Texas cannot be sued for FMLA violations arising out of an employee’s FMLA leave taken for his own serious health condition. In University of Texas at El Paso v. Herrera, the Supreme Court of Texas held that, unlike the family care provisions of
DOL Clarifies Definition of “Son or Daughter” under FMLA
The U.S. Department of Labor has "clarified" the reach of the FMLA by offering an interpretation of the meaning of "son or daughter" under the FMLA. Under the FMLA regulations, a "son or daughter" is defined as:
a biological, adopted, or foster child, a stephchild, a legal ward, or a child of a person standing in loco
FMLA Amended For Second Time in Two Years
President Obama signed the 2010 National Defense Authorization Act setting the budget for the Department of Defense for fiscal year 2010. The NDAA amends the Family & Medical Leave Act and is effective immediately. In relevant part, the NDAA amends the FMLA to extend its military leave entitlements. The FMLA is amended, in relevant part, as follows:
- Expands the exigency
Texas Employers May be Required to Give Employees Paid Time Off to Vote
As we approach local elections, it is good to remember that Texas law may require an employer to provide an employee with paid time off to vote. The Texas Election Code makes it a Class C misdemeanor for an employer to refuse to allow an employee to be absent from work on election day for purpose
Federal Bill Introduced to Provide Paid Family and Medical Leave
I recently wrote about several leave of absence bills pending in the Texas Legislature. On March 25, Congressional Democrats introduced a bill to provide twelve weeks of paid federal family & medical leave –the Family Leave Insurance Act of 2009 (HR 1723).
Unlike the FMLA which only applies to employers with 50 or more
Texas Legislature Update: Employee Leaves of Absence
There are several pending bills in the Texas legislature that could effect the leaves of absence private employers must make available to their employees. Some of these types of leaves have already been passed in more liberal states such as California and Massachusetts. Pending leave of absence bills in the Texas legislature include:
- HB 615 Permitting employees with a child enrolled