Can an Employee be Terminated on Workers' Compensation in Texas?

In the state of Texas, the question of whether an employee can be terminated while on workers' compensation is a complex one. While the Texas Labor Code does not explicitly prohibit employers from terminating employees who are on workers' compensation, there are certain protections in place to prevent unfair terminations.

If an employee's injury or illness qualifies as a serious health condition under the Family and Medical Leave Act (FMLA), their employer may be required to provide them with job-protected leave. This means that the employer cannot terminate the employee solely because they are on workers' compensation.

The FMLA is a federal law that applies to employers with 50 or more employees. It provides eligible employees with up to 12 weeks of unpaid leave in 12 months for certain family and medical reasons, including a serious health condition. To be eligible for FMLA protection, an employee must have worked for their employer for at least 12 months and have worked at least 1,250 hours during the previous 12 months.

If an employee's injury or illness meets the criteria for a serious health condition under the FMLA, their employer must provide them with job-protected leave. This means that the employee cannot be terminated solely because they are on workers' compensation. However, it is important to note that this protection only applies if the employer is covered by the FMLA and the employee meets the eligibility requirements.

It is also worth mentioning that the Texas Labor Code prohibits employers from retaliating against employees who exercise their rights under the Workers' Compensation Act. This means that an employer cannot terminate an employee solely because they filed a workers' compensation claim or sought benefits for a work-related injury or illness.

However, it is important to understand that the protections provided by the FMLA and the Texas Labor Code have limitations. If an employee's injury or illness does not qualify as a serious health condition under the FMLA or if the employer is not covered by the FMLA, the employer may have more flexibility in terminating the employee.

In conclusion, while there are certain protections in place to prevent unfair terminations of employees on workers' compensation in Texas, the specific circumstances of each case will determine whether an employee can be terminated. If the injury or illness qualifies as a serious health condition under the FMLA and the employer is covered by the FMLA, the employee is generally protected from termination. However, if the injury or illness does not meet the criteria for FMLA protection or the employer is not covered by the FMLA, the employer may have more discretion in terminating the employee.