Legal Opinion

Texas Workforce Commission v. Wichita County

Court of Appeals of Texas

Decided December 8, 2016No. 02-15-00215-CVPublishedCited by 1 opinion

1Opinion of the Court

OPINION

TERRIE LIVINGSTON, CHIEF JUSTICE

This appeal raises the question of whether an employee who is taking leave under the federal Family and Medical Leave Act1 (FMLA)—which gives certain protections to individuals who are employed—may obtain unemployment bene*921fits under the Texas Labor Code. We hold that such a person may not simultaneously enjoy the benefits of both statutes. We therefore overrule TWC’s two issues and affirm the judgment of the trial court, which rests on the same conclusion.

Background Facts

The facts at issue are largely undisputed. Appellee Wichita County, Texas (the…

2Cases cited14 opinions

  1. Mann Frankfort Stein & Lipp Advisors, Inc. v. FieldingTexas Supreme Court · 2009
  2. Rhone-Poulenc, Inc. v. SteelTexas Supreme Court · 1999
  3. Travelers Insurance Co. v. JoachimTexas Supreme Court · 2010
  4. Sharp v. House of Lloyd, Inc.Texas Supreme Court · 1991
  5. Philadelphia Indemnity Insurance Company, A/S/O Mirsan, L.P., D/B/A Sienna Ridge Apartments v. Carmen A. WhiteTexas Supreme Court · 2016

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3Cited by1 opinion

  1. Tex. Workforce Comm'n v. Wichita Cnty.Texas Supreme Court · 2018

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