Texas Leave Laws: FMLA, Sick Leave & Employee Time Off Rights (2026)

Texas has minimal state-mandated leave requirements, with most employee leave protections coming from federal law. Unlike states like California or New York, Texas doesn't require paid sick leave or paid family leave. However, federal FMLA applies to eligible workers, and certain other leave protections exist. Understanding what you're entitled to is essential.

Quick Facts: Texas Leave Laws

No State-Mandated Paid Leave

Texas Does NOT Require

No state law mandating:

• Paid sick leave
• Paid family leave
• Paid vacation
• Paid holidays
• Paid bereavement leave

Local Ordinances Preempted

Texas law prohibits cities from requiring paid leave:

• Austin and San Antonio attempted paid sick leave ordinances
• Courts struck down or blocked enforcement
• State preemption prevents local mandates

Employer-Provided Leave

Many Texas employers voluntarily provide:

• Paid time off (PTO)
• Sick leave
• Vacation
• Holidays

Check your employee handbook for your specific benefits.

Federal Family and Medical Leave Act (FMLA)

FMLA Applies in Texas

Up to 12 weeks of unpaid, job-protected leave for:

1. Your own serious health condition
2. Care for family member with serious health condition (spouse, child, parent)
3. Birth and bonding with newborn
4. Adoption or foster placement
5. Qualifying military exigency

Military caregiver leave: Up to 26 weeks in single 12-month period

FMLA Eligibility

You must have:

• Worked for employer 12+ months
• Worked 1,250+ hours in past 12 months
• Work at location with 50+ employees within 75 miles

Covered Employers

• Private employers with 50+ employees
• All public agencies (regardless of size)
• Public and private schools

FMLA Rights

During leave:

• Health insurance continues
• Job protection guaranteed
• Cannot be retaliated against

Upon return:

• Same or equivalent position
• Same pay and benefits
• Same terms and conditions

Jury Duty Leave

Texas Requirements

Employers must:

• Allow time off for jury duty
• Cannot fire, threaten, or penalize employees

Employers are NOT required to:

• Pay employees during jury service

Protections

Texas Government Code Section 122.001:

• Cannot discharge permanent employee for jury service
• Cannot threaten to discharge
• Violation is contempt of court

Military Leave

Federal USERRA Protections

Uniformed Services Employment and Reemployment Rights Act:

• Right to leave for military service
• Job protection during service
• Reinstatement upon return
• Up to 5 cumulative years of service protected
• Applies to all employers

Texas Military Leave

State employees receive:

• Up to 15 days paid military leave annually
• Additional unpaid leave as needed

Private employers:

• Must comply with federal USERRA
• May provide additional benefits

Voting Leave

Texas Election Code

Employees entitled to:

• Time off to vote if insufficient time outside working hours
• Polls open 7 AM - 7 PM

Requirements:

• Must not have 2+ consecutive hours outside work when polls are open
• Employer cannot penalize for voting leave

Domestic Violence Leave

Limited Texas Protections

No comprehensive state law requiring:

• Leave for domestic violence victims
• Accommodation for safety needs

Federal FMLA may cover:

• Serious health conditions resulting from violence
• Standard FMLA requirements apply

Bereavement Leave

No State Requirement

Texas does NOT require:

• Bereavement leave for death in family
• Any paid or unpaid time off for funerals

Many employers provide:

• 3-5 days for immediate family
• Check your employee handbook

Pregnancy and Maternity Leave

FMLA Coverage

If FMLA eligible:

• 12 weeks unpaid leave available
• For pregnancy disability and bonding
• Job protection guaranteed

Pregnancy Discrimination

Even without FMLA:

• Cannot be fired for pregnancy (Title VII, Chapter 21)
• Entitled to reasonable accommodation in some cases
• Applies to employers with 15+ employees

No State Paid Leave

Texas has no:

• State disability insurance
• Paid family leave program
• Paid maternity leave requirement

School Activity Leave

No State Requirement

Texas does NOT require:

• Leave for school conferences
• Leave for school activities
• Leave for child's events

Some employers provide:

• Flexible scheduling
• PTO for school activities

Practical Considerations

Maximizing Your Leave Rights

1. Know your eligibility for FMLA
2. Understand employer policies (may be more generous than law)
3. Plan ahead when possible
4. Document requests in writing
5. Coordinate with HR early

If Leave Is Denied

1. Request written explanation
2. Review eligibility requirements
3. Consult employee handbook
4. File complaint if FMLA violated
5. Consult an attorney

FMLA Complaints

File with Department of Labor:

• Phone: 1-866-487-9243
• Website: dol.gov{rel="nofollow"}

Common Questions

Does Texas require paid sick leave?

No. Texas has no state law requiring paid sick leave, and state law preempts local ordinances. Any sick leave is voluntary unless your employer provides it.

Can I be fired for using FMLA leave?

No. If you're eligible and FMLA applies, your employer cannot fire you for taking protected leave. Retaliation for FMLA use is illegal.

What if my employer has fewer than 50 employees?

FMLA doesn't apply to employers with fewer than 50 employees. You may have limited leave rights, though ADA accommodation or employer policies may help.

Can I use FMLA intermittently?

Yes, for your own serious health condition or to care for a family member. For birth/adoption bonding, intermittent leave requires employer approval.

Does vacation count toward FMLA?

Employers can require (or you can choose) to substitute paid leave for unpaid FMLA leave. The leaves run concurrently.

Finding Legal Help

Free Resources

• Department of Labor: dol.gov/agencies/whd | 1-866-487-9243
• Texas RioGrande Legal Aid: trla.org
• Lone Star Legal Aid: lonestarlegal.org

Employment Attorneys

For FMLA violations:

• Free consultations available
• Some work on contingency
• Can recover damages and attorney's fees

Related Resources

• Texas Wrongful Termination
• Texas Workplace Retaliation
• FMLA Family Medical Leave
• Texas Wages and Hours

Legal Disclaimer

This guide provides general information about Texas leave laws and is not legal advice. Texas has minimal state leave requirements, so your rights depend largely on FMLA eligibility and employer policies. For advice about your situation, consult a licensed Texas employment attorney.

Official Resources:

• Department of Labor FMLA: dol.gov/agencies/whd/fmla{rel="nofollow"} | 1-866-487-9243
• Texas Workforce Commission: https://twc.texas.gov