Legal Question in Medical Leave in Texas

Fmla

If you work for an employer who has under 12 employees and your spouse dies from liver cancer. Do you have the right to take off the full 12 weeks for bereavement and not lose your position in the company. I understand you will not be paid but does the employer have to keep your position for you?


Asked on 6/06/07, 11:26 pm

1 Answer from Attorneys

Roger Evans Mathis & Donheiser

Re: Fmla

No. You are not covered by the FMLA because of your company's size and would not, in any event, have an FMLA right to "bereavement leave." FMLA provides unpaid leave for your own ill health or if you are needed to assist with the care of a family member.

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Answered on 6/08/07, 3:49 am


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