Texas doesn’t have a state-mandated paid family leave program, but federal laws around leaves of absence and employee discrimination still apply. If you’re a business owner in Texas or if you have employees who live there, you need to know what their rights are when it comes to leave.
Keep reading to learn how federal leave works, which benefits state employees receive in Texas, and what you can do to create a generous, inclusive company leave policy for everyone.
Does Texas have a paid family leave program?
Texas doesn’t have a state-mandated paid family leave program applicable to private employers. That said, it does have a paid parental leave offering for state employees.
Law SB 222, which went into effect September 1, 2023, gives state agency, executive, and legislative branch employees paid time off (PTO) to bond with a newly born, adopted, or fostered child. Non-birthing parents can receive up to four weeks of paid bonding leave, while birthing parents are eligible for eight weeks.
Unfortunately, the narrow application of Texas’s law still leaves a whopping 72% of Texans without paid family leave, according to the US Bureau of Labor Statistics.
Texas has a voluntary paid family leave option
Texas is one of 10 states that have voluntary paid family leave, though it’s not so much a program as it is an insurance option. In Texas, employers can purchase paid family leave insurance through private insurers, then either charge their employees an insurance premium or split the premium cost with them. That insurance plan would then give covered employees benefit payments for parental and caregiving leave.
According to reporting from the Texas Standard, only a few insurance carriers in Texas have actually signed up for the program, which means it’s likely that a majority of employees don’t benefit from the model yet.
How does federal leave work?
The Family and Medical Leave Act (FMLA) is a federal law that requires all employers (both private and public) with at least 50 employees to offer up to 12 weeks of unpaid, job-protected leave for:
Bonding: To care for and bond with a new child (this applies to newly born, adopted, and fostered children)
Caregiving: To care for a family member who has a serious health condition (this applies to spouses, children, and parents)
Personal medical reasons: To manage a serious personal health condition
Military exigency: To manage affairs when a family member is on or called to active duty (this applies to spouses, children, and parents)
Here are a few more details about FMLA leave:
It guarantees job protection, meaning an employee who takes leave must be able to return to their same role (or a comparable one) when they come back.
It guarantees continued health benefits, meaning employers are required to provide continued health insurance to employees on leave.
Employers are allowed to encourage employees to use PTO during their leave.
Who is eligible for FMLA leave?
All employees in Texas who meet the requirements below are eligible for FMLA leave. To qualify, employees have to:
Work for an employer that has at least 50 employees who work within a 75-mile radius
Need time off from work for bonding, caregiving, personal medical reasons, or military exigency
Have worked for their employer for at least one year (doesn’t need to be consecutive)
Have over 1,250 hours of service in the 12 months immediately before leave begins
On the surface, FMLA eligibility requirements may not seem overly rigid, but the unfortunate fact is that they leave a lot of Texas employees ineligible for leave. Many small businesses, especially local brick-and-mortar operations, don’t employ 50 people, which means FMLA doesn’t even apply to their workers.
The law also doesn’t cover part-time employees, employees who’ve recently started a new job, or shift/gig workers who have to hold down two or more jobs at a time (even if they accumulate well over 1,250 hours of work between those jobs in a given year).
And then there’s the catch-22: many people who qualify for FMLA leave can’t afford to take 12 weeks off work—and forfeit 12 weeks of pay.
What should I do to comply with FMLA leave?
There are a handful of steps employers have to take to ensure they’re in compliance with the FMLA:
1. Notify employees about their rights
If you’re subject to the FMLA rule (meaning you have at least 50 employees who work within a 75-mile radius), you’re required to post a general notice in your workplace.
This is a flyer from the US Department of Labor (DOL) that explains what FMLA leave is, which employees are eligible, and how to file a complaint with the Wage and Hour Division. Make sure the poster is in English, as well as any other languages your employees speak.
You’re also required to give a written notice to all your FMLA-eligible employees: those who’ve worked with you for at least a year and have 1,250 hours of service in their job in the past 12 months. This can be a separate form you hand out to employees or a write-up in your employee handbook.
In the write-up, make sure you explain who’s eligible for FMLA leave, how to request a leave, and when to request a leave (with 30 days of notice).
Keep in mind that if you don’t follow the DOL’s posting and notification requirements, you could be assessed for a civil money penalty.
2. Give employees a Rights and Responsibilities Notice and a Designation Notice
You also have to give eligible employees a Rights and Responsibilities Notice within five business days of an employee requesting leave. The notice goes over:
The 12-month period in which the employee’s leave can take place, along with their expected leave start and return dates
The employee’s right to job protection
The employee’s right to substitute PTO for FMLA leave, and whether or not the employer will require that
The employee’s right to receive continued health insurance, and whether or not they need to continue paying health insurance premiums while on leave
Whether or not the employee needs to provide certification for the leave (in the form of a doctor’s note, for example)
You’re allowed to require certification if an employee requests leave for personal medical reasons, caregiving duties, or military exigency—but not if an employee requests a leave for bonding purposes.
Before leave begins, make sure you give your employee a Designation Notice to let them know that their requested leave qualifies as FMLA leave, and to set their expectations about the benefits and protections they’ll receive.
3. Restore employees to the same role
When an employee on FMLA leave returns to work, they’re guaranteed their same role—or one comparable in pay, benefits, title, work times, and responsibilities. It’s up to you to make sure you maintain an employee’s position during leave, and keep it open to them when they’re back.
4. Maintain records
It’s crucial to hold onto all payroll and personnel records related to leave for a minimum of three years. That includes payroll receipts, paystubs, official employee requests for leave, documentation of leave start and end dates, and copies of FMLA notices.
Does Texas have short-term disability leave?
Disability leave is for employees dealing with non-work-related illnesses, injuries, or other medical conditions. Unfortunately, Texas doesn’t have a state-run disability program.
That leaves employees who need to take a leave of absence for health or medical reasons (like pregnancy or surgery) with three options:
Take unpaid FMLA leave (if they qualify)
Rely on their employer’s disability insurance policy (if they have one)
Use accrued PTO or sick days
What do other states do for paid family leave?
Mandated paid family leave programs are becoming more and more popular across the country. As of early 2026, 13 states plus the District of Columbia have state-run paid family leave programs, and 10 states have voluntary paid family leave insurance options.
Here are a handful of notable programs:
California gives eligible employees up to eight weeks of PFL, with weekly benefit payments equal to 70-90% of an employee’s usual wages.
New York gives eligible employees up to 12 weeks of PFL, with weekly benefit payments equal to 67% of an employee’s usual wages.
Oregon offers eligible employees up to 12 weeks of PFL (with birthing parents getting up to 26 weeks) with weekly payments that cover 89% of an employee’s average weekly wages.
Colorado offers up to 12 weeks of paid Neonatal Care Leave to employees whose children have to spend time in the NICU after birth, on top of the 12 paid weeks they receive for bonding leave.
Creating a paid employee leave policy for your business
If you’re an employer in Texas and you don’t already have a company leave policy or offering, it’s time to develop one. Giving your employees paid leave to navigate major life changes and challenges benefits them in every way: personally, socially, financially, and professionally.
Paid leave has a wide-ranging, positive impact on public health (like reduced health issues in infants and a lower likelihood of postpartum depression for new mothers). Plus, it directly contributes to employees’ happiness and security, which in turn benefits your business. Paid leave can lead to greater on-the-job engagement and higher employee retention rates.
In Texas, you can either opt into voluntary paid family leave by purchasing insurance with a private carrier or pay for leave out of your own pocket. Discuss your options with your current insurance broker and business accountant to get a feel for what’s feasible financially.
Then do your research, considering these key factors:
Your employee demographic: How large is your workforce, and what is the age demographic? Depending on your employee population, you might have a lot of parental leaves on the horizon.
Your competition: What are other employers in your field offering for paid family leave? What do similar businesses in different states offer? You want to make sure you’re in line with industry standards.
Your business needs and goals: What are your hiring and growth goals in the short and long-term? Offering paid leave can help reduce employee turnover and attract better talent.
Minimum paid leave
If you’re not sure where to begin or don’t have the financial flexibility to offer a super generous leave, start by adopting a policy similar to the FMLA’s—only paid. Cover up to 12 weeks of leave for bonding, caregiving, personal medical reasons, or military exigency, complete with job protection and weekly payments up to a certain percentage of an employee’s salary.
Pave the way for paid leave
Paid family leave is an important piece of an employee’s benefits package. Even though Texas doesn’t have a state-mandated leave program, you can still support your Texas-based employees with some type of paid leave offering. You just have to invest a little time into figuring it out.
Want more state-specific support? Check out our guides for Texas employers on running a business, hiring employees, and tax incentives.
