Employee Leave & FMLA FAQs

FMLA eligibility, medical leave, intermittent leave, and how Texas employers handle overlapping leave and accommodation obligations.

Last updated: July 03, 2026 • 29 answers in this category

• Can a Texas employer deny FMLA and still terminate employment?
• Can a Texas employer deny FMLA if paperwork is incomplete?
• Can a Texas employer require PTO to run at the same time as FMLA?
• Can a Texas employer terminate an employee while they are on FMLA?
• Can ADA issues overlap with FMLA or workers’ compensation in Texas?
• Can an employee in Texas take FMLA for anxiety, depression, or another mental health condition?
• Can intermittent FMLA apply to mental health conditions in Texas?
• Can poor performance be addressed after an employee returns from FMLA?
• Can poor performance be addressed if the employee recently requested leave or accommodations?
• Can short-term disability or company paid leave run alongside FMLA in Texas?
• Does FMLA apply to nonprofit employers?
• How can small businesses document discipline, leave, and complaints properly?
• How long can an eligible Texas employee be out on FMLA?
• How quickly should an employer respond to an FMLA request in Texas?
• How should a Texas small business explain unpaid FMLA to an employee?
• Is FMLA paid or unpaid for employees in Texas?
• What conditions qualify for FMLA leave for a Texas employee?
• What documentation should a Texas employer review before disciplining someone on FMLA?
• What forms and notices should a Texas employer give when an employee asks for FMLA?
• What is the difference between lawful termination and FMLA retaliation for Texas employers?
• What medical certification can a Texas employer request for FMLA?
• What mistakes should Texas employers avoid when discussing mental health leave?
• What records should employers keep for FMLA leave decisions?
• What records should employers keep for payroll, leave, discipline, and complaints?
• What should a Texas employer ask for when an employee requests FMLA for mental health?
• What should Texas employers do before replacing an employee who is on FMLA?
• What should Texas employers document when approving unpaid FMLA leave?
• When can workplace stress trigger FMLA or ADA obligations for Texas employers?
• When should FMLA and ADA accommodation conversations happen at the same time?

Curated and reviewed by Dr. Thomas W. Faulkner, DBA, MBA, MSML, SPHR, LSSBB, principal consultant at Faulkner HR Solutions.