Legal Question in Medical Leave in Texas

Based on the facts provided FMLA probably does not apply because the employer has fewer than the necessary fifty employees. However, if your husband has a chronic problem with his shoulder then it is possible his health condition qualifies as a disability or he was perceived to be disabled and may have protections under the ADA and Texas Labor Code provisions that prohibit discrimination in employment on the basis of a disability or the perception of a disability. These situations rely on a number of specific facts that aren't presented in the question that may make the facts lean within or outside of the law. For example, if your husband was incapable of performing the essential functions of the job then what the employer did may be lawful but if your husband asked for a reasonable accommodation that would allow him to perform the job then it may be unlawful to force him onto leave. I would strongly encourage your husband to talk to an employment attorney experienced in disability discrimination issues ASAP about this situation.