Even the most dedicated professionals need to maintain a healthy work-life balance. They may need to take leave to undergo medical treatment or recover from injuries. They might need to support a family member going through a tough time, move to a new house or take a vacation.
Every employer has different policies regarding paid leave and time-off requests. Some businesses offer extensive paid leave for vacation, medical purposes and personal needs. Others do not offer any sort of paid leave but may have an obligation to conform with unpaid leave rules under the Family and Medical Leave Act (FMLA).
Workers in need of time away from their jobs may make a request to their manager or human resources, only to have the company reject their request. What options do employees have when a business denies their request for a leave of absence?
Determine whether any legal protections apply
Texas state statutes do not demand that employers provide any sort of paid or unpaid leave unless otherwise required by federal law. Generally speaking, employers have to uphold their employment contracts and the terms established in their employee handbooks.
In scenarios where the company is large enough, the worker has maintained their job for at least a year and the reason for leave qualifies, an employee might have the right to request up to 12 weeks of unpaid leave for family or medical purposes under the FMLA. Employees who need leave and cannot reach an amicable arrangement with their employer may need to review the situation with someone familiar with employment statutes.
In some cases, it may be possible to validate that the leave request falls under specific laws, such as the FMLA. In such scenarios, a lawyer may be able to communicate with the employer on behalf of the employee and negotiate the leave issue.
Occasionally, workers choose to take leave without approval, possibly by calling in sick. They might then face punishment from their employers. Ultimately, unapproved leave requests might culminate in a professional losing their job.
In cases where employers have violated the law or a contract with an employee, a worker denied leave or punished for seeking leave may have grounds for an employment lawsuit. Evaluating the circumstances surrounding a leave request with a skilled legal team is the first step toward asserting oneself and making use of legal protections that entitle people to unpaid leave or the appropriate use of paid leave in certain situations.