Texas Domestic Violence Leave: No State Law But Know Your Rights (2026)

If you're facing domestic violence, dating violence, sexual assault, or stalking while working in Texas, you need to know your rights—even though Texas doesn't have a specific state law providing domestic violence leave.

This guide explains what protections exist under federal law, what some Texas employers offer voluntarily, and resources available to help you stay safe while protecting your job.

Does Texas Have a Domestic Violence Leave Law?

No, Texas does not have a state law requiring employers to provide domestic violence leave.

Unlike states such as California, Colorado, Illinois, and others that mandate leave for domestic violence survivors, Texas has not enacted similar protections. This means:

• Texas employers are not required to provide paid or unpaid leave specifically for domestic violence situations
• There's no state law protecting you from termination if you need time off related to domestic violence
• You cannot automatically take leave to attend court hearings, seek medical treatment, or relocate for safety reasons under Texas state law

However, you may still have protections under federal law and through employer policies.

Federal Protections That May Apply in Texas

Family and Medical Leave Act (FMLA)

The federal FMLA may cover certain domestic violence-related situations, though it's not specifically designed for this purpose.

FMLA Eligibility Requirements:

• You work for an employer with 50+ employees within 75 miles
• You've worked there for at least 12 months
• You've worked at least 1,250 hours in the past 12 months

Domestic Violence Situations That May Qualify for FMLA:

1. Serious Health Condition from Abuse:

   • Physical injuries requiring overnight hospitalization
   • Ongoing treatment for injuries or trauma
   • Mental health conditions (PTSD, depression, anxiety) requiring treatment from a healthcare provider

2. Caring for a Family Member:

   • If your child, spouse, or parent was injured due to domestic violence and has a serious health condition

What FMLA Provides:

• Up to 12 weeks of unpaid, job-protected leave per year
• Continuation of health insurance benefits during leave
• Restoration to the same or equivalent position upon return

What FMLA Does NOT Cover:

• Attending court hearings for protective orders (unless it's part of ongoing medical treatment)
• Meeting with attorneys or advocates
• Relocating to a safe location
• Addressing housing or childcare issues

Americans with Disabilities Act (ADA)

If domestic violence has resulted in a physical or mental disability, you may be entitled to reasonable accommodations under the ADA.

Potential Accommodations:

• Modified work schedule to attend therapy appointments
• Temporary transfer to a different location for safety
• Changed phone number or workspace location
• Time off as a reasonable accommodation (if you work for an employer with 15+ employees)

Title VII and Anti-Discrimination Laws

While not specific to domestic violence, these laws prohibit:

• Discrimination based on sex, which courts have interpreted to include domestic violence in some contexts
• Retaliation for reporting safety concerns that may be related to workplace harassment

What Some Texas Employers Offer Voluntarily

Many Texas employers recognize the importance of supporting employees experiencing domestic violence, even without a state mandate.

Common Employer Policies

Progressive employers may offer:

1. Paid or Unpaid Leave:

   • Specific domestic violence leave policies
   • Use of accrued sick leave or PTO for related absences
   • Short-term disability if injuries qualify

2. Flexible Work Arrangements:

   • Remote work options for safety
   • Modified schedules to attend court or counseling
   • Transfer to different location or shift

3. Safety Accommodations:

   • Changed work phone number or email
   • Adjusted workspace location
   • Security escorts to parking areas
   • Confidentiality for address changes

4. Employee Assistance Programs (EAP):

   • Free counseling services
   • Legal consultation resources
   • Referrals to domestic violence organizations

How to Approach Your Employer

If you need leave or accommodations:

1. Review your employee handbook for existing policies on leave, safety, or domestic violence
2. Contact HR confidentially to discuss options
3. Provide documentation if requested:
   • Protective order documentation
   • Medical records (for FMLA)
   • Court dates or appointments
4. Request specific accommodations you need

Legal Protections for Obtaining Protective Orders in Texas

While Texas doesn't mandate leave for domestic violence, state law does provide some employment protections related to protective orders.

Texas Protective Order Protections

Under Texas law (Texas Labor Code § 21.0595), employers cannot discriminate against you for:

• Seeking a protective order
• Obtaining a protective order
• Being the subject of a protective order

This means employers cannot:

• Refuse to hire you because you have a protective order
• Fire you for obtaining a protective order
• Retaliate against you for seeking protection from abuse

However, this law does NOT:

• Require employers to provide leave to obtain the protective order
• Protect you from termination for missing work (unless other laws apply)

Safety Planning at Work

Even without specific leave protections, you can take steps to increase your safety at work.

Workplace Safety Strategies

1. Inform Security or HR:

   • Provide a photo of the abuser
   • Share protective order details
   • Request they not release your work schedule or location

2. Document Everything:

   • Keep copies of protective orders
   • Document threats or incidents at work
   • Save threatening messages or emails

3. Communication Safety:

   • Change work phone number if possible
   • Use a separate email for sensitive communications
   • Be cautious about social media posts showing work location

4. Physical Safety:

   • Park in well-lit, visible areas
   • Vary your route and schedule if possible
   • Have security escort you to your vehicle
   • Consider temporary relocation if abuser knows your workplace

Resources for Texas Domestic Violence Survivors

Statewide Resources

Texas Council on Family Violence:

• 24/7 Hotline: 1-800-799-7233 (National Domestic Violence Hotline)
• Texas Legal Services: www.txlawhelp.org
• Safety planning and legal referrals

Texas Advocacy Project:

• Free legal services for domestic violence survivors
• Help obtaining protective orders
• Phone: 1-800-374-4673

Local Family Violence Shelters:

• Emergency shelter and safety planning
• Legal advocacy and court accompaniment
• Counseling and support groups
• Find your local shelter at tcfv.org

Legal Assistance

Lone Star Legal Aid:

• Free legal services for low-income Texans
• Help with protective orders and employment issues
• www.lonestarlegal.org

Texas Law Help:

• Legal information and forms
• Lawyer referral services
• www.texaslawhelp.org

When Absence May Be Protected Under Other Texas Laws

Even without specific domestic violence leave, other situations may protect your job:

Jury Duty Leave

• If you're called as a witness in a criminal case against your abuser
• Texas law protects employees serving on juries or subpoenaed as witnesses

Crime Victim Leave

• Some federal protections exist for crime victims attending criminal proceedings
• Check with victim services coordinators in your county

Unpaid Leave Protections

• If you've exhausted FMLA but have a serious health condition, ADA accommodations may apply
• Workers' compensation if injuries occurred at work or were work-related

What to Do If You're Fired for Domestic Violence-Related Absence

If you believe you were terminated because of domestic violence-related absences:

1. Document the termination:

   • Get termination letter in writing
   • Note dates of absences and reasons given
   • Gather any communications about the absences

2. Determine if you had protected leave:

   • Did you qualify for FMLA?
   • Did you request ADA accommodations?
   • Were you discriminated against for having a protective order?

3. Consult an employment attorney:

   • You may have claims under FMLA, ADA, or anti-discrimination laws
   • Texas is at-will, but wrongful termination claims exist for violations of federal law

4. File complaints if applicable:

   • Equal Employment Opportunity Commission (EEOC) for discrimination
   • Department of Labor for FMLA violations

Frequently Asked Questions

Can my employer fire me for missing work due to domestic violence in Texas?

Texas is an at-will employment state, meaning employers can generally terminate employees for any reason not prohibited by law. Without a specific state domestic violence leave law, your employer can terminate you for absences unless you're protected by FMLA, ADA, or another federal law. However, they cannot discriminate against you for obtaining a protective order.

Does FMLA cover time off to attend protective order hearings?

FMLA typically doesn't cover attending court hearings unless they're part of ongoing medical treatment for a serious health condition. However, if you're receiving mental health treatment (therapy, counseling) related to the abuse, and the court hearing is part of that treatment plan (as documented by your provider), it might be covered.

Can I use sick leave for domestic violence-related appointments in Texas?

This depends entirely on your employer's sick leave policy. Texas law doesn't require employers to provide sick leave at all. If your employer does offer sick leave, check whether the policy allows use for medical appointments, legal matters, or personal emergencies. Some employers specifically include domestic violence situations in their leave policies.

What if my abuser works at the same company?

Contact HR immediately about safety concerns. While Texas doesn't mandate specific protections, employers have a duty to provide a safe workplace under OSHA regulations. Request accommodations like schedule changes, department transfers, or remote work. If the abuser is harassing you at work, this may constitute workplace harassment under federal anti-discrimination laws.

Are there paid leave options for domestic violence survivors in Texas?

Texas has no state-mandated paid family leave or paid sick leave program. Paid leave for domestic violence situations depends entirely on your employer's policies. Some options include using accrued PTO, short-term disability if injuries qualify, or employer-specific domestic violence leave policies. Check your employee handbook or speak with HR.

Can I be fired for relocating to escape domestic violence?

If you relocate and can no longer perform your job, your employer generally can terminate you in Texas. However, you might request accommodations like remote work or transfer to another location if your employer has multiple sites. If you're relocating due to a serious health condition and qualify for FMLA, you may have additional protections.

The Bottom Line

While Texas lacks specific state protections for domestic violence leave, you're not without options:

• Federal FMLA may cover serious health conditions resulting from abuse
• ADA accommodations may apply if you have a resulting disability
• Protective order protections prevent discrimination for seeking safety
• Employer policies may provide voluntary leave and accommodations
• Community resources offer legal help, safety planning, and advocacy

Your safety is paramount. Even if taking time off puts your job at risk, your life and well-being come first. Consult with a domestic violence advocate and employment attorney to understand your specific situation and options.

Related Texas Leave Law Pages:

• Texas Family and Medical Leave Act (FMLA) Guide
• Texas Paid Family Leave: No State Law But Options Exist
• Texas Bereavement Leave Laws

Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Employment laws are complex and your specific situation may involve additional factors. Consult with a qualified employment attorney or domestic violence legal advocate for advice about your particular circumstances. If you are in immediate danger, call 911 or the National Domestic Violence Hotline at 1-800-799-7233.