Texas Domestic Violence Leave

Provided by Our Houston Family Lawyers

Image of Texas State CapitolUnder the Family Medical Leave Act (FMLA), domestic violence victims have the right to leave from a job for up to 12 weeks in a 12-month period for certain medical conditions arising from domestic abuse. An employee may also take a leave of absence to care for a child or a parent who has suffered as physical or psychological injuries as a result of domestic abuse.

FMLA leave is unpaid and applies only to employers that have a minimum of 50 employees working within a 75-mile distance of one another. Additionally, to qualify for FMLA leave, an employee must have worked for at least one year for that particular employer with a minimum of 1,250 hours worked for that employer in the past year. To determine whether you may qualify for FMLA leave, you should contact a Houston family lawyer who understands the complex rules surrounding the Family Medical Leave Act.

Unemployment Benefits For Domestic Violence Victims Under Texas Law

In most instances, an employee who voluntarily leaves a job (without good cause related to his or her employment) is not entitled to receive unemployment benefits. However, under Texas law, a victim of domestic violence may receive unemployment benefits if he or she chooses to quit his or her job because of medically verified injuries, illness or disability resulting from domestic violence.

To qualify for continuing benefits, the employee must provide one of the following to his or her employer:

  • An active or recently issued protective order documenting family violence against the employee, including either actual or potential violence
  • A police record documenting family violence against the employee
  • A physician’s statement or other medical document indicating that there has been family violence against the employee

If a physician’s statement or other medical record is used as evidence of family violence, the document must show the following:

  • That the employee is in fact the patient mentioned in the medical record
  • That the medical document relates specifically to the history, diagnosis, treatment or prognosis of the patient

Providing Assistance to Victims of Domestic Abuse

If you have suffered from domestic abuse, you need the assistance of a Houston family attorney. For more information about Texas laws concerning domestic violence leave, contact the Houston family lawyers at John K. Grubb & Associates, P.C., today.

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