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Pregnancy Leave Texas: FMLA, PDA & Your Rights (2025 Guide)

If you’re pregnant and working in Texas, you need to understand a critical fact: Texas has no state law mandating pregnancy leave or maternity leave. Unlike states such as California that provide comprehensive paid family leave, Texas pregnant workers must rely on a patchwork of federal protections, employer policies, and disability insurance.

This guide explains what pregnancy leave you’re actually entitled to in Texas, how federal laws protect you, and what to do if your employer discriminates against you for being pregnant.

Texas Pregnancy Leave Laws: What Exists (and What Doesn’t)

Texas takes a minimal approach to pregnancy leave, providing no state-level protections beyond what federal law requires.

No State Pregnancy or Maternity Leave Law

Texas has no statute requiring employers to provide:

  • Paid maternity leave
  • Unpaid maternity leave (except as required by federal FMLA)
  • Modified duties for pregnant workers
  • Lactation breaks beyond federal minimums
  • Pregnancy-related accommodations

What this means: Your pregnancy leave rights depend entirely on federal law and your employer’s voluntary policies. Pregnant workers in Texas have significantly fewer protections than pregnant workers in states like California, New York, or Washington.

How Texas Compares to Other States

California:

  • 4 months of pregnancy disability leave (separate from FMLA)
  • Up to 8 weeks of paid family leave at 60-70% wages for bonding with newborn
  • State Disability Insurance provides wage replacement during recovery
  • Strong pregnancy discrimination protections

New York:

  • Up to 12 weeks of paid family leave at 67% wages
  • Pregnancy Disability Leave separate from paid family leave
  • Comprehensive workplace accommodations required

Washington, New Jersey, Massachusetts, Rhode Island, Connecticut, Oregon, Colorado, Delaware, Maryland, Maine, Washington DC: All offer state-funded paid family leave programs that include maternity leave.

Texas: Zero state-mandated leave. Zero state wage replacement. Complete reliance on federal FMLA and employer discretion.

Federal FMLA: Primary Pregnancy Leave Protection

The Family and Medical Leave Act provides up to 12 weeks of unpaid, job-protected leave for pregnancy-related reasons. However, not all pregnant workers qualify.

FMLA Eligibility Requirements

To qualify for FMLA protection in Texas, you must meet all three requirements:

  1. Your employer has 50 or more employees within a 75-mile radius of your worksite
  2. You’ve worked for your employer for at least 12 months (not necessarily consecutive)
  3. You’ve worked at least 1,250 hours in the past 12 months (approximately 24 hours per week)

Critical gap: Approximately 40% of Texas workers—including many in retail, food service, and small businesses—work for employers with fewer than 50 employees and have no FMLA protection.

For complete eligibility details, see our guide to FMLA eligibility in Texas.

What FMLA Covers for Pregnancy

If you meet FMLA eligibility requirements, you can take up to 12 weeks of unpaid leave for:

Prenatal Care and Pregnancy Complications

If you experience pregnancy complications that constitute a “serious health condition,” FMLA covers leave for treatment and recovery:

  • Severe morning sickness (hyperemesis gravidarum) requiring medical treatment
  • Gestational diabetes requiring ongoing management
  • Preeclampsia or high blood pressure
  • Bed rest ordered by healthcare provider
  • Prenatal appointments for high-risk pregnancies
  • Pregnancy-related hospitalizations

Routine prenatal care: Regular prenatal checkups typically don’t qualify for FMLA unless complications develop. However, many employers allow you to use sick leave or PTO for routine appointments.

Childbirth and Recovery (Incapacity)

FMLA automatically covers leave for childbirth and the immediate recovery period. This is considered incapacity due to pregnancy and childbirth.

Typical recovery periods:

  • Vaginal delivery: 6 weeks is standard recovery time
  • Cesarean section: 8 weeks is standard recovery time
  • Complications: Additional time if complications occur

Important: These are medical recovery periods, not bonding time. However, FMLA also covers bonding (see below).

Bonding with Newborn

FMLA provides leave to bond with and care for your newborn, separate from recovery time. This leave must be taken within one year of the birth.

Combining leave: Most mothers use their 12 weeks of FMLA leave for both recovery and bonding. For example:

  • 6 weeks recovery from vaginal delivery
  • 6 additional weeks for bonding
  • Total: 12 weeks FMLA leave

Fathers and adoptive parents: FMLA bonding leave is available to fathers and adoptive parents as well (if they meet eligibility requirements).

For more on family leave, see our guide to Texas family leave laws.

FMLA Is Unpaid

Critical limitation: FMLA provides job protection and health insurance continuation, but no wage replacement.

Options for income during leave:

  • Short-term disability insurance: If you have coverage (through employer or private purchase), pregnancy and childbirth typically qualify for wage replacement during recovery period (6-8 weeks)
  • Accrued paid time off: Your employer may require or allow you to use vacation, sick leave, or PTO concurrently with FMLA
  • State disability insurance: Not available in Texas (only a few states offer this)
  • Employer-provided paid maternity leave: Some employers voluntarily offer paid leave (see below)

Without these sources, you receive no income during FMLA leave.

Pregnancy Discrimination Act: Equal Treatment Protections

The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act that requires employers to treat pregnancy the same as other temporary medical conditions.

Who Is Covered

The PDA applies to employers with 15 or more employees (smaller threshold than FMLA’s 50-employee requirement).

What this means: Even if you don’t qualify for FMLA, you’re protected from pregnancy discrimination if your employer has 15+ employees.

Equal Treatment Requirement

The PDA doesn’t mandate pregnancy leave. Instead, it requires equal treatment:

If your employer provides disability leave, light duty, or modified work for other temporary conditions, they must provide the same for pregnancy.

Examples of equal treatment:

  1. Disability leave: If your employer allows employees recovering from surgery to use sick leave or short-term disability, they must allow pregnant employees to use it for pregnancy-related conditions.

  2. Light duty: If your employer offers light duty (lifting restrictions, modified tasks) to employees injured on the job, they must offer the same to pregnant employees with medical restrictions.

  3. Unpaid leave: If your employer allows employees with broken bones or recovering from medical procedures to take unpaid leave without losing their jobs, they must allow the same for pregnancy-related medical conditions.

Real-world scenario: A warehouse worker is placed on light duty (no lifting over 20 pounds) after a back injury. A pregnant employee with doctor’s orders restricting lifting to 20 pounds must be offered the same light duty accommodation.

What Equal Treatment Doesn’t Mean

The PDA does not require employers to:

  • Create leave policies they don’t already have
  • Provide better treatment for pregnancy than other conditions
  • Give pregnant employees special privileges

Example: If your employer has no sick leave or disability leave policy for anyone, the PDA doesn’t require them to create one for pregnant employees. However, FMLA may still apply if you meet eligibility requirements.

Common Pregnancy Discrimination Violations

Illegal actions under the PDA:

  • Refusing to hire someone because they’re pregnant or might become pregnant
  • Firing or demoting an employee due to pregnancy
  • Forcing pregnant employees to take leave when they’re able to work
  • Refusing to allow a pregnant employee to return to work after childbirth
  • Providing disability benefits for all conditions except pregnancy
  • Harassing employees about pregnancy or pregnancy-related conditions

Legal employer actions:

  • Requiring a fitness-for-duty certification before allowing a pregnant employee to return to work (if required for other medical leaves)
  • Applying the same attendance policies to pregnancy-related absences as other medical absences (must count FMLA leave separately)
  • Declining to provide accommodations not provided for other temporary conditions

Americans with Disabilities Act and Pregnancy

Generally, pregnancy itself is not a disability under the ADA. However, pregnancy-related conditions may qualify for ADA protections.

When Pregnancy-Related Conditions Are Disabilities

The ADA applies to employers with 15 or more employees. Pregnancy-related conditions that may constitute disabilities include:

  • Severe gestational diabetes requiring significant lifestyle changes
  • Pregnancy-induced hypertension or preeclampsia
  • Hyperemesis gravidarum (severe morning sickness) causing substantial impairment
  • Complications requiring bed rest or significant restrictions
  • Postpartum depression or anxiety
  • Pregnancy-related carpal tunnel syndrome or sciatica

Reasonable Accommodations Under the ADA

If you have a pregnancy-related disability, your employer may be required to provide reasonable accommodations, such as:

  • Modified work schedule or break schedule
  • Temporary reassignment to less strenuous work
  • Permission to sit rather than stand
  • More frequent bathroom breaks
  • Lifting restrictions
  • Parking accommodations
  • Leave beyond FMLA as a reasonable accommodation

Interactive process: Once you request an accommodation, your employer must engage in an interactive process to determine what accommodations are reasonable and don’t create undue hardship.

No automatic entitlement: Unlike FMLA (which guarantees 12 weeks if you qualify), ADA accommodations depend on what’s “reasonable” given your job duties and employer’s circumstances.

Pregnant Workers Fairness Act (Federal)

As of June 2023, the Pregnant Workers Fairness Act (PWFA) requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.

Key provisions:

  • Broader than ADA (pregnancy limitations don’t need to be disabilities)
  • Similar accommodation process to ADA
  • Covers conditions like lactation, miscarriage, and abortion
  • Employers cannot require unnecessary documentation
  • Employers cannot force pregnant employees to take leave if reasonable accommodation exists

This is new federal law: The PWFA significantly expands protections for pregnant workers beyond what the PDA and ADA provide. Employers must now provide reasonable accommodations for pregnancy-related limitations even if those limitations don’t rise to the level of a disability.

Employer-Provided Pregnancy and Maternity Leave in Texas

Because Texas has no mandates, pregnancy leave depends heavily on employer policies.

Companies That Offer Paid Maternity Leave

More likely to offer:

  • Large corporations and Fortune 500 companies
  • Technology companies (often 12-20 weeks paid leave)
  • Professional services firms
  • Healthcare systems
  • Financial services companies
  • Higher education
  • Federal government employers (12 weeks paid parental leave since 2020)

Less likely to offer:

  • Small businesses (fewer than 50 employees)
  • Retail and food service
  • Hospitality industry
  • Manufacturing
  • Construction

Typical Policies

When Texas employers offer paid maternity leave, policies typically include:

  • 6-12 weeks of paid leave for birth mothers (6 weeks is most common)
  • Full salary or percentage of salary (80-100%)
  • Combination of disability and bonding leave: Often 6 weeks as disability leave (recovery) plus additional weeks for bonding
  • Shorter leave for fathers: Many employers offer 2-4 weeks for fathers, though equal parental leave is becoming more common

Check your handbook: Review your employee handbook or HR policies to understand what your specific employer offers.

Short-Term Disability Insurance and Pregnancy

Short-term disability (STD) insurance provides wage replacement when you cannot work due to a medical condition. Pregnancy and childbirth typically qualify.

How STD Works for Pregnancy

Coverage:

  • Usually covers 6 weeks for vaginal delivery, 8 weeks for C-section
  • Provides 50-70% of wages during recovery period (varies by policy)
  • Begins when you’re medically unable to work (often at delivery)
  • Covers only medical recovery, not bonding time

Who has coverage:

  • Employees whose employer offers STD as a benefit (voluntary enrollment)
  • Individuals who purchase private disability insurance
  • Self-employed individuals who purchase coverage (must be in place before pregnancy)

Pre-existing condition clauses: Some policies have waiting periods or exclude coverage for pre-existing conditions. If you’re already pregnant when you enroll, pregnancy may not be covered.

Not a substitute for maternity leave: STD provides income replacement for medical recovery but doesn’t provide the additional bonding time many parents need.

Lactation Breaks: Federal Requirements

The Fair Labor Standards Act requires employers to provide reasonable break time for nursing mothers to express breast milk for one year after childbirth.

What Employers Must Provide

  • Reasonable break time to express milk (typically 15-20 minutes every 2-3 hours)
  • Private space other than a bathroom (must be shielded from view and free from intrusion)
  • Protection from retaliation or discrimination for using lactation breaks

What Employers Don’t Have to Provide

  • Paid break time: Breaks can be unpaid (though if you’re given paid breaks already, you can use them for lactation)
  • Permanent dedicated lactation room: Space just needs to be available when needed
  • Coverage for exempt employees: The law technically applies to non-exempt employees covered by FLSA overtime requirements, though many employers extend the benefit to all employees

Texas law: Texas also requires employers to provide reasonable lactation accommodations, largely mirroring federal requirements.

What If You Don’t Qualify for FMLA?

If you work for a small employer (fewer than 50 employees) or don’t meet FMLA requirements, your options are limited but not non-existent.

Negotiate with Your Employer

Small employers sometimes provide leave voluntarily, especially for valued employees. Approach the conversation professionally:

  • Give advance notice (as soon as you’re comfortable disclosing your pregnancy)
  • Propose a specific leave plan with a return date
  • Offer to help train a temporary replacement
  • Be willing to compromise on leave length or use of paid time off

Get it in writing: If your employer agrees to hold your job during unpaid leave, request written confirmation.

Disability Accommodations

Even if you don’t qualify for FMLA, the ADA and new Pregnant Workers Fairness Act may require accommodations for pregnancy-related limitations (employers with 15+ employees).

Use Accrued Paid Time Off

You can use vacation, sick leave, or PTO for pregnancy and recovery, though you’ll have no job protection once paid time off runs out unless your employer agrees.

Short-Term Disability

If you have STD insurance, it may provide income replacement for your recovery period even without job protection.

Frequently Asked Questions

How much maternity leave do you get in Texas?

If you qualify for FMLA, you get up to 12 weeks of unpaid leave. Texas has no state maternity leave requirement. If you don’t qualify for FMLA, you get whatever your employer voluntarily provides, which could be nothing.

Is pregnancy leave paid in Texas?

Not by the state. FMLA is unpaid. You may receive income from short-term disability insurance (if you have coverage), employer-provided paid maternity leave (if your employer offers it), or accrued paid time off. Many Texas mothers receive no pay during maternity leave.

Can I be fired for being pregnant in Texas?

No, if your employer has 15 or more employees. The Pregnancy Discrimination Act prohibits firing, refusing to hire, or discriminating against employees because of pregnancy. However, employers can fire pregnant employees for legitimate, non-discriminatory reasons unrelated to pregnancy.

What if my doctor puts me on bed rest during pregnancy?

If you qualify for FMLA, bed rest for pregnancy complications is covered as a serious health condition. If you don’t qualify for FMLA, your employer may be required to provide unpaid leave as a reasonable accommodation under the ADA or Pregnant Workers Fairness Act (if the bed rest is due to a pregnancy-related limitation).

Do fathers get paternity leave in Texas?

If fathers meet FMLA eligibility requirements, they can take up to 12 weeks of unpaid leave for bonding with a newborn. Some employers offer paid paternity leave as a benefit, though it’s typically shorter than maternity leave (2-4 weeks). Texas has no state paternity leave law.

Protecting Your Rights as a Pregnant Worker in Texas

The combination of no state pregnancy leave law and limited FMLA coverage means many Texas pregnant workers face difficult choices between income and time with their newborns.

Document everything:

  • Keep copies of all medical documentation (doctor’s notes, restrictions, bed rest orders)
  • Submit leave requests in writing
  • Save all communications with your employer about pregnancy, leave, and accommodations
  • Note any discriminatory comments or actions

Know your deadlines:

  • Provide 30 days’ notice for FMLA leave when the need is foreseeable
  • Report pregnancy discrimination to EEOC within 180 days (300 days in some cases)
  • File FMLA complaints with DOL within 2 years

Consult an attorney if:

  • Your employer refuses FMLA leave when you qualify
  • You’re fired, demoted, or treated worse due to pregnancy
  • Your employer refuses reasonable accommodations for pregnancy limitations
  • You’re denied equal treatment compared to workers with other medical conditions

For related information, explore:

Return to the Texas Leave Laws Hub for a complete overview of leave rights in Texas.

Legal Disclaimer: This article provides general information about pregnancy leave rights in Texas and should not be construed as legal advice. Employment laws are complex and fact-specific. If you believe your rights have been violated or have questions about your specific situation, consult with a qualified employment law attorney.