Waco Family and Medical Leave Act (FMLA) Claims

Legal Protection for Your Health and Your Job 

At Scanes Yelverton Talbert, LLP, we understand that when a serious health issue affects you or your family, the last thing you should have to worry about is job security. That’s why our employment law team is here in Waco, Texas, to help workers understand and enforce their rights under the Family and Medical Leave Act (FMLA). 

 

FMLA claims can be complicated, especially when employers don’t follow the law. If your employer has denied you protected leave, retaliated against you for taking it, or failed to reinstate you, our attorneys at SYT are ready to advocate on your behalf. 

 

What Is the FMLA and How Does It Work? 

The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave each year. That leave can be used for: 

  • The birth or adoption of a child 
  • Caring for a spouse, parent, or child with a serious health condition 
  • The employee’s serious health condition 
  • Specific military family needs and injuries 

 

While the leave is unpaid, your employer must continue your health benefits, and you’re entitled to return to your job, or a nearly identical one, when your leave ends. 

 

Who Is Eligible for FMLA in Waco? 

To qualify under the FMLA, you must meet these requirements: 

  • You’ve worked for your employer for at least 12 months 
  • You’ve clocked at least 1,250 hours in the previous year 
  • Your employer has 50 or more employees within a 75-mile radius 

 

If you work for the City of Waco, McLennan County, a public school, or a private company that meets these thresholds, you are likely covered. 

 

Common FMLA Violations We See at SYT 

Employers don’t always play fair. Some of the most frequent FMLA violations we help clients with include: 

  • Denying eligible employees their FMLA leave 
  • Refusing to reinstate an employee to their job after leave 
  • Retaliating against employees for taking or requesting FMLA leave (such as termination, demotion, or discipline) 
  • Misclassifying leave so it doesn’t count as FMLA or is treated as an unexcused absence 

 

If you’ve been mistreated for exercising your legal right to leave, SYT will work with you to hold your employer accountable. 

 

How to Request FMLA Leave and What to Expect 

You don’t need to use legal jargon to request FMLA, but you do need to provide enough detail to alert your employer that your time off might qualify. If your employer requires medical certification, you typically must submit it within 15 calendar days of the request. 

 

At Scanes Yelverton Talbert, we help employees understand what information they need to provide, and we step in when employers use excessive paperwork to deny valid leave. 

 

Can I Be Forced to Use Vacation or Sick Time? 

Yes. Employers can require you to use accrued paid leave (like vacation or PTO) during your FMLA leave, but they cannot deny your overall right to take leave if you qualify under the law. If you're unsure whether your employer is handling your time off correctly, we can help. 

 

Military FMLA Leave in Waco 

The FMLA provides up to 26 weeks of leave for eligible workers caring for a service member with a serious injury or illness. If you're a Waco employee with a military connection, let our team guide you through the benefits you're entitled to under the expanded protections of the FMLA for military families. 

 

What Should I Do If My Employer Violated My FMLA Rights? 

If you suspect your employer has violated the law, whether by denying leave, retaliating against you, or refusing reinstatement, don't wait. Time limits apply. 

 

Your next steps: 

  1. Document everything, including emails, timecards, and denial letters. 
  2. Contact an attorney, especially before responding to HR or signing anything. 
  3. Let SYT represent you. We’ll evaluate your situation, file the appropriate complaint, and pursue compensation if your rights were violated. 

 

Why Choose Scanes Yelverton Talbert? 

We are deeply rooted in the Waco community, and our employment attorneys at SYT have helped countless workers assert their rights in FMLA, discrimination, retaliation, and wage claims. We're proud to protect Central Texans from unfair and illegal workplace treatment, and we’re ready to help you, too. 

 

If you’re dealing with an FMLA issue in Waco or McLennan County, call us today at (254) 399-8788 or contact us online for a confidential consultation. 



“I would like to give a big thanks to the law firm myself and to Joel Shields who represented me on my case. All cases are different, yes indeed. But one thing for sure, they are dedicated to each one of them. I am forever grateful to them for their work and dedication. For that I’m back on my feet again!”

Dannj Herr

Client