10 Key Questions about Leave Laws in Texas

Understanding leave laws in Texas is essential for managing a productive workforce. Leave laws in the state range from federal and state-mandated provisions to discretionary policies set by employers. This article addresses 10 key questions about leave laws in Texas, clarifying responsibilities and entitlements in the workplace.

This Guide Covers

1. What is a leave of absence in Texas?

In Texas, a leave of absence refers to a period during which an employee takes time off from work for specific reasons, such as medical needs, military service, or personal reasons. Employees may be entitled to leave under federal laws or state-specific regulations that provide protections for eligible employees. Employers must adhere to these laws, ensuring that employees are informed about their right to leave of absence and the procedure for requesting it.

2. How does leave work in Texas?

Leave in Texas is governed by state, federal, and employer-specific policies. Eligibility for different types of leave is determined by factors such as employee tenure, work hours, and the nature of the leave requested. Employers in Texas may provide additional leave benefits beyond what is mandated by law, which should be clearly outlined in the company’s policies or communicated directly to employees.

Employees are generally required to give their employers advance notice of planned leave, while emergency leave may necessitate shorter notice periods.

3. What are the different types of leave available to Texas employees?

  • Jury Service Leave: Jury service leave allows Texas employees to fulfill their civic duty by serving on a jury without negative repercussions on their employment status or benefits.
  • Family and Medical Leave: The Family and Medical Leave Act (FMLA) in Texas provides eligible employees with up to 12 weeks of unpaid leave per year for specific family and medical reasons. Reasons include the birth or adoption of an infant, care of an immediate family member with a serious health condition or an employee’s own serious health condition.
  • Sick Leave (Public Employees): Sick leave allows public employees in Texas to take time off with pay for illness, injury, or medical appointments. This provision ensures that employees can maintain their health without losing income during periods of illness or medical necessity.
  • Emergency Leave (Public Employees): Emergency leave permits Texas public employees to take time off for unforeseen situations such as family emergencies or natural disasters. It provides flexibility for employees facing urgent personal or family needs.
  • Military Service Leave (Public Employees): Public employees in Texas are entitled to military service leave, which allows them to fulfill their military obligations without sacrificing their job security or benefits. This job-protected leave ensures that employees serving in the military can return to their positions with their rights intact.
  • Administrative Leave (Public Employees): Administrative leave grants Texas public employees authorized time off for administrative reasons, such as investigations, court appearances, or other official duties.
  • Voting Absence (Public Employees): Voting absence leave in Texas allows public employees sufficient time off to cast their ballots in elections without fear of losing wages or facing penalties at work. This leave ensures employees have the opportunity to participate in the democratic process.
  • Parental Leave (Certain Employees): Certain employees in Texas are entitled to parental leave to bond with a new child through birth, adoption, or foster care placement.
  • Organ or Bone Marrow Donor Leave (Public Employees): Public employees in Texas are granted paid leave to donate organs or bone marrow, allowing them to undergo medical procedures to save lives without sacrificing their employment status or compensation.
  • Blood Donor Leave (Public Employees): Blood donor leave provides Texas public employees with paid time off to donate blood, promote community health initiatives, and ensure employees can contribute to lifesaving efforts without sacrificing their compensation.
  • Vacation Time (Public Employees): Vacation time allows Texas public employees to take paid time off for rest, relaxation, and personal activities, promoting work-life balance and employee well-being.
  • Holidays (Public Employees): Holidays in Texas are designated days off for public employees to observe and commemorate significant events or cultural celebrations.

Learn more about Texas Leave Laws here.

In Texas, whether you get paid while on leave depends on the type of leave you take and your employer’s policies. Some types of leave, such as sick leave, emergency leave, military service leave, volunteer service leave, administrative leave, voting absence, donor leave, and vacation time for public employees, offer paid time off. However, other leaves, like unpaid FMLA leave and parental leave, do not mandate paid compensation.

5. How long is a leave of absence in Texas?

The duration of a leave of absence in Texas varies depending on the type of leave. Sick leave allows accrual of up to eight hours per month for eligible state employees. Family and medical leave and parental leave allow up to 12 weeks of unpaid leave per year for qualifying events like childbirth or serious illness. Emergency leave duration depends on specific circumstances, providing paid time off for family emergencies. Military service leave grants up to 15 paid days per year for service obligations. Other types of leave, such as administrative leave, voting absence, jury service leave, and donor leave, have specific durations.

6. What happens to your benefits while you’re on leave in Texas?

While on leave in Texas, the status of your benefits depends on the type of leave and your employer’s policies. If you are on paid leave, such as sick leave or vacation time, your benefits like health insurance and retirement contributions typically continue as usual since you are still considered an active employee. For unpaid leave, such as under the FMLA, your employer must maintain your group health insurance benefits during the leave period on the same terms as if you were still working. However, other benefits may be paused unless your employer’s policies specify otherwise.

7. Can unused leave be carried over to the next year in Texas?

In Texas, employers have the discretion to establish their own policies regarding paid time off (PTO). This includes the option to enforce a “use-it-or-lose-it” policy, which means any unused PTO expires at the end of the year. Alternatively, if employers permit PTO carryover, they can limit the amount that can be carried into the next year. It is worth noting that Texas law does not mandate employers to compensate employees for unused PTO upon termination of employment.

8. Are part-time employees entitled to leave in Texas?

Yes, part-time employees in Texas may be entitled to certain types of leave depending on the specific type of leave and their employer’s policies. For example, part-time employees may accrue sick leave or vacation time proportionate to their work hours, as outlined in the Texas Government Code (GOV’T § 661.202) and employer-specific policies. Eligibility for other types of leave, such as FMLA, may depend on factors like hours worked over a certain period.

9. Can you be fired while on leave in Texas?

In Texas, an employee can be terminated while on leave, but certain protections apply depending on the type of leave and the circumstances surrounding the termination. Under the FMLA, eligible employees have job protection for up to 12 weeks of unpaid leave annually and are entitled to their previous positions or equivalent roles upon completion of the leave.

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in employment. It requires employers to provide reasonable accommodations to employees with disabilities, provided it does not cause undue hardship for the employer. If an employee is on leave due to a disability and the leave is considered a reasonable accommodation, firing them while on leave could be considered discriminatory under the ADA.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects the job rights of individuals who voluntarily or involuntarily leave civilian jobs to undertake military service. It ensures that employees who serve in the military can return to their civilian jobs with the seniority, status, and pay they would have had if they had not been absent. Under USERRA, employees on military leave are protected from discrimination and entitled to reemployment upon return from service. Firing an employee solely because they are on military lave would violate USERRA provisions.

Employers must have legitimate, nondiscriminatory reasons for terminating employees unrelated to the employee’s leave status.

10. Can you quit your job while on leave in Texas?

Yes, you can quit your job while on leave in Texas. The state adheres to the at-will employment doctrine, which allows the employees to resign from a position while on leave, the same as if they were actively working unless an employment contract states otherwise. While the at-will doctrine allows the employee to terminate employment at any time without cause, providing notice is a practice of courtesy. In addition, some employment contracts or company policies have provisions regarding notice periods of at least two weeks before resignation.

Learn more about Texas Labor Laws through our detailed guide.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.