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Texas Family Leave Laws: FMLA Rights & What's Not Covered (2025)

If you’re expecting a baby, adopting a child, or need to care for a seriously ill family member in Texas, understanding your family leave rights is critical. Here’s the essential reality: Texas has no state-mandated paid family leave program. Your primary protection comes from the federal Family and Medical Leave Act (FMLA), which provides unpaid, job-protected leave.

This guide explains what family leave is available in Texas, who qualifies, and how Texas compares to states with robust paid family leave programs.

Texas Family Leave: What the Law Does (and Doesn’t) Provide

Texas takes a hands-off approach to family leave, relying entirely on federal law and employer discretion.

No State Paid Family Leave Program

Unlike 13 states and the District of Columbia, Texas has no state-funded paid family leave program. States with paid family leave include:

California: Up to 8 weeks of paid family leave at 60-70% of wages for bonding with a new child or caring for a seriously ill family member. Funded through employee payroll deductions.

New York: Up to 12 weeks of paid family leave at 67% of average weekly wage (capped at 67% of statewide average). Also funded through employee payroll contributions.

Washington: Up to 12 weeks of paid leave for birth/adoption and up to 12 weeks for family care, at 90% of wages for lower earners. Employer and employee contributions fund the program.

Other states with paid family leave: Connecticut, Colorado, Delaware, Massachusetts, Maryland, Maine, New Jersey, Oregon, Rhode Island, and Washington DC.

Texas: No state program. No payroll deductions. No state-funded wage replacement for family leave.

What This Means for Texas Workers

Without a state paid family leave program, Texas workers must rely on:

  1. Federal FMLA (unpaid, job-protected leave)
  2. Employer-provided paid parental leave (voluntary, varies widely)
  3. Short-term disability insurance (may cover childbirth recovery for mothers)
  4. Accrued paid time off (vacation, sick leave, PTO)
  5. Unpaid leave at employer’s discretion (no job protection)

The result: Many Texas parents return to work within weeks of childbirth because they cannot afford extended unpaid leave.

Federal FMLA: Your Primary Family Leave Protection

The Family and Medical Leave Act is a federal law that applies nationwide, including Texas. It provides up to 12 weeks of unpaid, job-protected leave for specific family-related reasons.

FMLA Eligibility Requirements in Texas

To qualify for FMLA protection, you must meet 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 limitation: About 40% of Texas workers are employed by businesses with fewer than 50 employees and have no FMLA protection. Small businesses have no legal obligation to provide family leave.

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

What FMLA Covers for Family Leave

If you meet eligibility requirements, FMLA provides 12 weeks of unpaid leave per year for:

Birth and Bonding with a Newborn

Both mothers and fathers can take FMLA leave for the birth of a child and to care for and bond with the newborn. Leave must be taken within one year of the birth.

Mother’s leave: Often includes recovery from childbirth (which may qualify under serious health condition) plus bonding time.

Father’s leave: FMLA provides equal rights for fathers to bond with newborns, though many fathers face workplace pressure not to take extended leave.

Example: A father working for a qualifying employer can take 12 weeks off after his child’s birth to provide care and bond with the baby. His employer cannot fire him, demote him, or retaliate against him for taking this leave.

Adoption or Foster Care Placement

FMLA covers leave to bond with an adopted child or a child placed in your home for foster care. Like newborn bonding, this leave must be taken within one year of placement.

Both parents: If both spouses work for the same employer, the employer can limit the combined leave for birth or adoption to 12 weeks total (not 12 weeks each).

Caring for a Family Member with a Serious Health Condition

FMLA allows leave to care for:

  • Your spouse with a serious health condition
  • Your child (biological, adopted, foster, stepchild, legal ward under 18, or 18+ if incapable of self-care) with a serious health condition
  • Your parent (biological, adoptive, foster, stepparent, legal guardian) with a serious health condition

Not covered: FMLA does not provide leave to care for siblings, grandparents, grandchildren, in-laws, or other extended family members, no matter how close your relationship.

Serious health condition examples:

  • Cancer treatment requiring your assistance
  • Parent recovering from major surgery
  • Child with severe asthma requiring hospitalization
  • Spouse with Alzheimer’s disease needing supervision

FMLA Is Unpaid Leave

This cannot be emphasized enough: FMLA provides no income. You receive:

  • Job protection (right to return to your position or equivalent)
  • Continuation of health insurance (you pay your share of premiums)
  • No wage replacement

Using paid time off: Your employer may require (or you may choose) to use accrued vacation, sick leave, or PTO concurrently with FMLA leave. This provides income but depletes your paid time off bank.

Short-term disability: Mothers who give birth may qualify for short-term disability insurance (if offered by their employer or purchased privately) to cover the recovery period (typically 6-8 weeks). This is wage replacement, not family leave, and only covers the mother’s physical recovery, not bonding time.

How Texas Compares: The Paid Family Leave Gap

The contrast between Texas and states with paid family leave programs is striking.

California’s Paid Family Leave Program

California workers receive:

  • 8 weeks of paid leave for bonding with a new child
  • 8 weeks of paid leave for caring for a seriously ill family member
  • 60-70% of weekly wages (higher percentage for lower earners, capped at maximum)
  • Funded through employee payroll deductions (approximately 1% of wages)
  • Applies to nearly all workers, regardless of employer size
  • Job protection through separate state laws (California Family Rights Act mirrors FMLA)

Example: A California worker earning $50,000 annually receives approximately $673 per week for up to 8 weeks when bonding with a newborn, totaling about $5,384.

Texas worker: Receives zero state-funded wage replacement.

New York’s Paid Family Leave Program

New York provides:

  • 12 weeks of paid leave
  • 67% of average weekly wage (capped at 67% of state average weekly wage)
  • Covers birth, adoption, and family care
  • Funded entirely through employee payroll deductions
  • Job protection for all covered employees
  • Applies to virtually all private-sector workers

Washington, New Jersey, and Other States

Most paid family leave programs offer 8-12 weeks of leave at 60-90% wage replacement, funded through small payroll deductions (usually under 1% of wages).

Common features:

  • Lower-wage workers receive higher percentage of wage replacement
  • Both parents can take leave (not limited to mothers)
  • Leave can be taken intermittently in some states
  • Job protection runs concurrently with or in addition to federal FMLA

Why Texas Has No Paid Family Leave

Texas legislators have consistently opposed paid family leave mandates, arguing:

  • Businesses should decide their own benefit policies
  • Payroll taxes burden workers and employers
  • Market competition encourages employers to offer competitive benefits
  • Federal FMLA provides sufficient protection

Reality: Without mandates, paid family leave remains uncommon, especially in lower-wage industries and small businesses.

Employer-Provided Paid Parental Leave in Texas

Some Texas employers voluntarily offer paid parental leave to attract and retain talent, though it’s far from universal.

Who Offers Paid Parental Leave

More likely to offer:

  • Large corporations (Fortune 500 companies)
  • Technology companies
  • Professional services firms (law, accounting, consulting)
  • Healthcare systems
  • Higher education institutions
  • Government employers (federal employees receive 12 weeks paid parental leave as of 2020)

Less likely to offer:

  • Small businesses (fewer than 50 employees)
  • Retail and food service
  • Manufacturing
  • Construction
  • Hourly positions

Typical Paid Parental Leave Policies

When Texas employers offer paid parental leave, policies typically provide:

  • 4-12 weeks of paid leave (6 weeks is common)
  • Full salary or percentage of salary (80-100%)
  • Birth mothers often receive longer leave (combining disability leave for recovery with parental bonding leave)
  • Equal leave for fathers and adoptive parents is becoming more common but not universal
  • Use-it-or-lose-it policies (no payout if unused)

Check your employee handbook: If your employer offers paid parental leave, your employee handbook should detail eligibility, how much leave you receive, and how to request it.

Pregnancy Discrimination Act and Family Leave

The Pregnancy Discrimination Act (PDA) requires employers to treat pregnancy, childbirth, and related conditions the same as other temporary disabilities.

What this means for leave:

  • If your employer provides short-term disability leave for other conditions (broken bones, surgery recovery), they must provide it for pregnancy-related disability
  • If your employer allows modified duties for employees with temporary injuries, they must offer the same for pregnant employees
  • Pregnancy discrimination is sex discrimination under federal law

Important distinction: The PDA covers pregnancy-related medical conditions and recovery from childbirth, not bonding time with a newborn. For bonding leave, you need FMLA (if eligible) or employer policy.

For comprehensive coverage, see our guide to Texas pregnancy leave laws.

What If You Don’t Qualify for FMLA?

If you work for a small employer (fewer than 50 employees) or don’t meet the hours/tenure requirements, your options are limited.

Negotiate with Your Employer

Small employers sometimes voluntarily provide leave for valued employees, especially if you:

  • Have been a reliable, long-term employee
  • Provide advance notice and a plan for covering your duties
  • Offer to take unpaid leave (reducing the employer’s cost)
  • Are willing to return to work on a specific date

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

Use Accrued Paid Time Off

You can use vacation days, sick leave, or PTO for family leave if your employer allows it. However, once your paid time off is exhausted, you have no job protection if you need additional leave.

Short-Term Disability for Mothers

If you purchase private short-term disability insurance or your employer offers it, pregnancy and childbirth typically qualify for wage replacement during the recovery period (usually 6 weeks for vaginal delivery, 8 weeks for C-section).

This is not family leave: Disability insurance covers your medical recovery, not bonding time or caring for your newborn beyond the initial recovery period.

Americans with Disabilities Act

If pregnancy complications create a disability (gestational diabetes, severe preeclampsia, bed rest orders), you may be entitled to leave as a reasonable accommodation under the ADA. The ADA applies to employers with 15 or more employees (smaller threshold than FMLA).

Military Family Leave

FMLA includes special provisions for military families:

Qualifying Exigency Leave

If your spouse, child, or parent is a covered military member on active duty or called to active duty, you can take up to 12 weeks of leave for qualifying exigencies:

  • Short-notice deployment (7 or fewer days’ notice)
  • Military events and related activities
  • Childcare and school activities
  • Financial and legal arrangements
  • Counseling
  • Rest and recuperation (up to 15 days)
  • Post-deployment activities

Military Caregiver Leave

If your spouse, child, parent, or next of kin is a current service member or recent veteran with a serious injury or illness, you can take up to 26 weeks of leave in a single 12-month period to care for them.

This is the only FMLA provision that provides more than 12 weeks of leave.

Frequently Asked Questions

Does Texas have maternity leave laws?

No. Texas has no state maternity leave law. Mothers who qualify for FMLA receive up to 12 weeks of unpaid, job-protected leave. Mothers who don’t qualify for FMLA have no guaranteed leave unless their employer voluntarily provides it.

Can fathers take paternity leave in Texas?

If fathers meet FMLA eligibility requirements, they can take up to 12 weeks of unpaid leave for the birth and bonding with a newborn. Texas has no separate paternity leave law. Some employers offer paid paternity leave as a benefit.

How much paid family leave do you get in Texas?

Texas provides zero state-funded paid family leave. Paid leave depends entirely on your employer’s policies and any short-term disability insurance you may have.

Can I get fired for taking family leave in Texas?

If you qualify for FMLA, you cannot be fired for taking leave. If you don’t qualify for FMLA and your employer doesn’t have a family leave policy, you could potentially be fired for taking time off, though pregnancy discrimination laws may provide some protection.

Do both parents get FMLA leave?

Yes, both parents can take FMLA leave for birth or adoption, provided each parent meets eligibility requirements. However, if both parents work for the same employer, the employer can limit their combined leave to 12 weeks total for birth or adoption (but each parent can still take their own 12 weeks for other FMLA-qualifying reasons).

Understanding Your Limited Family Leave Options in Texas

The absence of state-mandated paid family leave puts Texas workers at a significant disadvantage compared to workers in states with comprehensive programs. Your rights depend heavily on:

  1. Your employer’s size and policies
  2. Whether you meet FMLA eligibility requirements
  3. Whether you have disability insurance
  4. Your financial ability to take unpaid leave

Plan ahead: If you’re expecting a baby or anticipating the need for family leave:

  • Verify your FMLA eligibility early
  • Review your employer’s parental leave policies
  • Check if you have short-term disability coverage
  • Accumulate paid time off if possible
  • Budget for potential unpaid leave

Document everything: Keep copies of all leave requests, medical documentation, and employer communications. If you face discrimination or retaliation for taking family leave, documentation is essential.

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 Texas family leave laws 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.