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Texas Employment Law Includes Foster Children in Medical Leave Policy

new Texas law went into effect on September 1st which includes foster children in workplace family leave policies. Previously, parents seeking leave for a foster child’s medical issue could be denied leave. This change mirrors similar statutes in the federal Family Medical Leave Act (FMLA) and is considered a win for employment law advocates.


Who is Covered?

All employees of companies with 50 or more staff members are covered under the FMLA, which includes parents of foster children. The new change therefore applies to smaller companies offering some sort of medical leave policy separate from the FMLA.


In order to take leave for you foster child’s medical care, you must meet several qualifications. These include:

  • The child must reside in your home
  • The child must be under the conservatorship of the Texas Department of Family and Protective Services


Have the Changes Been Implemented?

The new law went into effect on September 1st, so any employer with family leave policies should immediately incorporate this mandate within their rules. That said, the new law cannot be applied retroactively. Therefore, you may not sue an employer for denying medical leave for a foster child if the request was made prior to September 1st.


Keep Texans Informed of Their Rights

The world-class team of attorneys at Porter, Rogers, Dahlman & Gordon, P.C. maintains a commitment to following new legislative changes in our state. If you are an employer or employee facing labor and employment law issues, we can help. Please contact us at one of our convenient Texas office locations today to schedule a free consultation:


Corpus Christi: (361) 880-5808

San Antonio: (210) 736-3900

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