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To request FMLA, you must complete an Employee Request for Family and Medical Leave (Online) 30 to 45 days days prior to the date you need your leave to begin. If you are unable to complete your request at least 30 days prior, then please submit it as soon as is practicable.
Since FMLA leave is unpaid, the primary benefit is job protection. Employees have the right to return to work in the same role or in a substantially equivalent position.
Although FMLA itself is unpaid, an employee may be able to use their accrued sick time or vacation time while on FMLA leave. Under the Texas Payday Law, employers are obligated to honor this request.
Texas doesn't have a paid family leave act, and FMLA leave is unpaid. But you might choose to use other accrued paid leave (or your employer might require you to use it) during your FMLA leave. For example, if you have four weeks of accrued vacation time, you can use that to get paid for four weeks of your FMLA leave.
Employers that have at least 50 employees within a 75-mile radius, whether they are part-time or full-time, for a minimum of 20 weeks in the year need to provide the 12 weeks of maternity or paternity leave. The FMLA leave can start before the child is born, but it cannot last more than 12 weeks.