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NON- FMLA and unscheduled intermittent Leave Texas

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  • NON- FMLA and unscheduled intermittent Leave Texas

    An employe has uses all PTO time, employed 7 months so does not qualify FMLA requirements. Request Leave for immediate surgery requires by doctor for cronic sinus removal of fungas ball in Sinis cavity. Leave time 7 days without any for seen complications. Employe asked in she qualifies for unscheduled internittent leave. Does she qualify ? Job Reinstament qualifications? Does this meet ADA regulations

  • #2
    There is no such thing, in Texas, as non-FMLA intermittant time off that is protected by law, so anything she qualifies for is entirely up to your policies. Same with reinstatement rights. Since this sounds to be short term it is probably not protected under the ADA but there's not really enough information about the condition to say for certain.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Agree, there is no non-FMLA intermittent job protected leave available to her. I'm not sure either about any ADA job protected leave but most likely not.
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