A family and medical leave violation happens when a covered employer denies, interferes with, or punishes an employee’s use of leave protected by the federal Family and Medical Leave Act (FMLA). Texas has no separate family leave law for private-sector workers, so the FMLA is the main protection most San Antonio employees have when a serious illness, a new baby, or a sick family member pulls them away from work. If your employer blocked your leave or fired you for taking it, you may have a claim for lost pay, reinstatement, or other damages.
Who Qualifies for FMLA Leave in Texas
The FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave each year under 29 U.S.C. § 2612. You qualify if all three of the following are true:
- Your employer has 50 or more employees within 75 miles of your worksite
- You have worked for that employer for at least 12 months
- You have worked at least 1,250 hours during the 12 months before your leave starts
Qualifying reasons include your own serious health condition, caring for a spouse, child, or parent who has one, the birth or adoption of a child, and certain needs tied to a family member’s military service. Leave does not have to be taken all at once. Intermittent leave, such as time off for recurring chemotherapy appointments or flare-ups of a chronic condition, is protected too, and mishandling it is a common source of FMLA violations.
Common FMLA Violations
Federal regulations, specifically 29 CFR § 825.220, prohibit employers from interfering with FMLA rights or retaliating against workers who use them. Violations often look like this:
- Denied leave: Your employer refuses a request even though you and your situation qualify.
- Interference: You are discouraged from applying, given false eligibility information, or pressured to work while on leave.
- Retaliation: You are fired, demoted, or given worse shifts, pay, or reviews because you took leave.
- Failure to reinstate: You return from leave and your job, or an equivalent one, is no longer there.
- Attendance penalties: FMLA absences are counted as “points” or occurrences under a no-fault attendance policy.
Some violations are blunt, like a termination letter dated the week you filed paperwork. Others are quiet, like a sudden schedule change that makes it impossible to keep your job after leave. Both can support a claim.
What You Can Recover After a Violation
If your employer broke the law, 29 U.S.C. § 2617 allows you to recover several forms of compensation:
- Lost wages and benefits
- An equal amount in liquidated damages, when the violation was not made in good faith
- Actual monetary losses, such as the cost of care
- Reinstatement to your job, or front pay (money awarded instead of getting your job back)
- Attorney’s fees
Deadlines matter here. You generally have two years from the date of the violation to file suit, or three years if the violation was willful. Waiting too long can end an otherwise strong claim.
Steps to Take if You Suspect a Violation
- Start a paper trail as soon as something feels wrong:
- Save your leave request, medical certifications, emails, texts, write-ups, and pay records
- Note the dates when your employer’s behavior changed and who was involved
- Keep copies at home, not on a work device you could lose access to overnight
- Get a legal opinion before you sign anything, especially a severance agreement, since these agreements often ask you to waive FMLA claims in exchange for a few weeks of pay
Talk to Our San Antonio Team About Your Leave Rights
An FMLA denial or retaliation claim doesn’t have to mean losing your job while you’re already dealing with a health crisis or a new baby. At The Galo Law Firm, our attorney represents San Antonio workers whose employers denied leave, cut them off mid-leave, or pushed them out for taking time the law protects.
Our team reviews your timeline, tells you honestly whether you have an employment law claim, and moves quickly so no deadline slips past. Call us at [phonenumber] or contact us online to schedule a confidential case evaluation.