Professor Richard M. Alderman, Associate Dean at the University of
Houston Law Center, who is known to many as "The People's Lawyer", answers your most common questions. If you have a question pertaining to the law in Texas, please e-mail Richard at peopleslawyer@www.law.uh.edu. This page answers your questions on Medical Leave
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A. What I said was that the law requires at least 12 weeks of unpaid maternity leave. Any company is free to grant more leave or to pay employees during the leave period.
Your company obviously feels that it is a good policy to give employees more than the minimum required by the law.
Q. I am adopting a child. I know that the law requires that a person receive a leave when they have a child. Does this law apply to an adoption?
A. Yes. The Family and Medical Leave Act guarantees employees who work for an employer up to twelve weeks unpaid leave for the birth or adoption of a child. The law also applies to a personal or family emergency. For a free copy of a booklet explaining this law, call 1-800-204-2222, ext. 4567.
Q. I have worked for a local company for about three years. I am pregnant and have asked for a leave. My employer told me that he can't get along without me and that if I leave for more than a few weeks he can't guarantee me a job when I get back. I have a fairly unique job, and I know that my employer will miss me if I take a leave. How much leave time am I entitled to?
A. Under the law, an employee at a company with more than 50 employees is entitled to a family or medical leave of up to twelve weeks.
Based on what you say in your letter, you should be entitled to a leave. You may take a leave due to birth or adoption of a child, or family or personal health problems.
During the time you are on leave you are entitled to medical benefits but you are not entitled to pay. When you return you are guaranteed either the same, or an equivalent position.
I suggest you speak with your employer and try and resolve this problem. If you cannot, you should contact the office of the secretary of labor. This is the office that enforces this law.