Law Offices of Dan A. Atkerson

Texas Employee Sues Company for FMLA Violations

By Dan Atkerson on May 22, 2015

A Houston man has filed a complaint against his employer after the company allegedly violated the Family and Medical Leave Act (FMLA), a law requiring employers to give employees leave for medical reasons that affect ability to work.

The employee, who worked for Total Petrochemicals and Refining USA Inc. for over 19 years, required extensive leave from work due to two instances requiring hospitalization and recovery. The worker claimed to have clearly communicated his need for leave after his appendectomy and complications arising from subsequent cataract surgery. Early in 2015, he required FMLA leave once again. After his second request, he received documents criticizing his performance.

He argued that the penalties were retaliatory in nature and suffered a loss of wages and benefits as well as anguish, distress and a grim outlook for future employment.

When am I Eligible for Leave under the FMLA?

To take FMLA leave, an employee must:

  • Work for a covered employer
  • Have worked for the employer for at least 12 months
  • Have at least 1,250 hours of service for the employer in the 12 months leading up to leave
  • Work at a location where the employer has at least 50 employees within 75 miles
Certain exceptions apply—such as in the case of airline flight crew employees—but for the most part, employees must meet the above criteria.

If you were denied FMLA leave, speak with an employment law attorney to discuss your options.

Atkerson LawDallas Employment Law Attorney


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