Texas — Leave Laws

Texas has not enacted a comprehensive state family and medical leave statute for private-sector employers. Employees must rely on the federal Family and Medical Leave Act (FMLA) for job-protected leave. While the Texas Workforce Commission recognizes FMLA as the applicable framework, state law does not mandate additional family or medical leave protections beyond federal requirements. Employers may voluntarily offer enhanced leave benefits, but no state statute requires them to do so.

Source: Texas Workforce Commission – Texas Work & Family Policies

Texas state employees accrue paid sick leave at the rate of eight hours per month of state employment under Texas Government Code § 661.202. Part-time state employees accrue sick leave on a proportionate basis. Accrual begins on the first day of state employment and ends on the last duty day. This statutory sick leave benefit applies only to state agency employees and does not extend to private-sector workers.

Source: Tex. Gov't Code § 661.202

Texas does not require private-sector employers to provide paid or unpaid sick leave under any state statute or regulation. The Texas Workforce Commission states explicitly that "no current Texas or federal law requires private-sector employers to provide paid or unpaid leave of any kind," with the exception of unpaid leave that may be necessary as a reasonable accommodation under disability, pregnancy, or other protected-status statutes. Employers are free to adopt voluntary sick-leave policies but face no state-law obligation to do so.

Local ordinance preemption. Several Texas cities—including Austin, San Antonio, and Dallas—passed local paid sick leave ordinances between 2018 and 2019. Austin's ordinance, for example, would have required accrual of one hour of paid sick time for every 30 hours worked, capped at 64 hours per year for larger employers. However, in 2023 the Texas Legislature enacted the Texas Regulatory Consistency Act (House Bill 2127), which added Section 1.005 to the Texas Labor Code and prohibits municipalities and counties from adopting or enforcing any ordinance regulating "employment leave, hiring practices, breaks, employment benefits, scheduling practices, and any other terms of employment that exceed or conflict with federal or state law." The Act took effect September 1, 2023, and nullified all existing local paid sick leave ordinances. Cities and counties may no longer enact or enforce such mandates.

Employer policy as contract. Although Texas law does not mandate sick leave, if an employer voluntarily establishes a written sick-leave policy—whether in an employee handbook, employment contract, or policy manual—the employer must follow that policy as written. The Texas Payday Law (Labor Code Chapter 61) treats promised paid leave as a form of compensation. If the employer's written policy promises accrual or payout of sick leave and the employer fails to comply, the employee may have a wage claim under the Payday Law. The TWC advises that "it is very important for employers to develop a clear, preferably written, policy regarding paid leave and follow it exactly."

Intersection with federal FMLA. Private employers with 50 or more employees within a 75-mile radius remain subject to the federal Family and Medical Leave Act (29 U.S.C. §§ 2601–2654), which requires up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. FMLA does not require paid leave, but employees may use accrued paid sick leave (if the employer offers it) concurrently with FMLA leave if the employer's policy permits or requires substitution. Texas has no state-equivalent family leave law; FMLA is the sole statutory baseline for job-protected medical and family leave in the private sector.

Source: Texas Workforce Commission – Vacation and Sick Leave

Source: Tex. Labor Code § 1.005

Source: Acts 2023, 88th Leg., Ch. 899 (H.B. 2127)

Texas Election Code § 276.004 requires employers to allow employees time off to vote if the employee does not have at least two consecutive hours outside their working hours during which the polls are open. Specifically, an employer may not refuse to permit an employee to be absent from work to vote on an election day or during early voting, nor may the employer penalize the employee for such absence, provided this two-hour condition is met. "Penalize" in this context includes any deduction from wages or loss of benefits.

Eligibility and scope: The statutory protection applies to any employee whose work schedule does not provide a minimum two-hour window while the polls are open. If the employee already has two consecutive hours outside working time when polls are open, no additional leave is required. If not, the employer must grant sufficient paid time off during working hours to allow the employee to vote. This protection applies for both election day and periods of early voting.

Duration and pay: The duration of leave must be sufficient to allow the employee to vote—typically up to two hours. Texas Attorney General Opinion V-1532 (1952) clarified that this time off must be paid if it occurs during regular working hours or during mandatory overtime. If the time off occurs during voluntary overtime, there is no requirement that it be paid at the overtime rate. The key determinant is whether the employee has a full two-hour window outside scheduled work.

Notice: The Election Code does not specify a formal employee notice requirement for requesting voting leave. However, Texas Workforce Commission guidance advises that reasonable advance notice and mutual scheduling are good practice, though not strictly required under statute or AG opinion.

Summary:

• Applies only if employee lacks two consecutive non-working hours when polls are open.
• Employer must provide paid voting leave sufficient for the employee to vote.
• Leave may cover early voting as well as election day.
• No statutory minimum for advance notice, but employers may request advance notice for scheduling purposes.

Employees are encouraged, and may be required by workplace policy, to use early voting options if this avoids the need for workday leave, but the law does not make this mandatory.

Source: Tex. Elec. Code § 276.004 Source: Op. Tex. Att'y Gen. No. V-1532 (1952) Source: Texas Workforce Commission – Voting Time Off

Texas jury duty leave — statutory protection: Under Texas law, all employers—public and private—are prohibited from terminating or in any other manner retaliating against an employee because the employee serves as a juror or attends court in obedience to a subpoena. This protection is codified at Texas Civil Practice & Remedies Code § 122.001(a), which makes it unlawful to terminate employment due to jury service or court attendance. The law is categorical, applying regardless of the size of the employer, and covers both actual jury service and responding to valid court subpoenas as a witness in a case.

Paid vs. unpaid leave: Texas law does not require employers to pay employees for time spent serving on a jury or complying with a court subpoena. While some employers may choose to provide paid jury duty leave as a benefit, the statute is silent regarding compensation. The protection is strictly against termination or other adverse employment actions for absence due to jury service or subpoenaed court appearance, not a mandate for paid leave.

Scope and limitations:

• Applies to all Texas employers (public and private).
• Protects employees from termination or retaliation for jury service or court appearance under subpoena.
• No minimum length of employment or notice requirement specified in the statute.
• The law does not require paid leave—remains a matter of employer policy.
• No Texas statute requires reinstatement of pay or benefits lost due to jury or witness service.

Retaliation protection: An employer who terminates, or in any other manner penalizes, an employee for jury service or obedience to a court subpoena is subject to reinstatement and may be required to pay damages (including lost wages and benefits) and attorneys’ fees. The protection is enforceable by civil suit as provided in § 122.002.

No comparable federal requirement: Federal law does not require private-sector employers to provide paid or unpaid leave for state court jury duty, but prohibits discharge for federal jury service under 28 U.S.C. § 1875. Texas law governs state-court jury service and witness subpoenas for Texas employers.

Source: Tex. Civ. Prac. & Rem. Code § 122.001 Source: Tex. Civ. Prac. & Rem. Code § 122.002

Texas Insurance Code Chapter 1255 authorizes voluntary, private-market paid family leave insurance—distinct from a state-run paid family leave fund. As of June 2026, there is still no Texas mandate that employers provide paid family or medical leave, but Chapter 1255 (amended by SB 1255, 89th Leg., eff. Sept. 1, 2025) permits insurers to offer group "family leave insurance" for employers who wish to opt in.

Key features — with section references:

• Eligible coverage and qualifying leave reasons (§ 1255.102): Policies must, at a minimum, pay wage-replacement benefits for: (1) bonding with a new child (birth, adoption, foster placement); (2) care for a family member with a serious health condition; (3) the employee’s own serious health condition; (4) care for a service member or certain military exigency leaves—tracking the basic FMLA reasons. The statute language closely mirrors the FMLA's list but is not a copy-paste (see § 1255.102).
• Voluntary purchase: No employer is required to offer or purchase family leave insurance. This is a purely voluntary benefit (see § 1255.003 and bill analysis).
• Benefit period (§ 1255.104): Policies must offer at least two weeks’ paid benefits per 52-week period, but carriers may write richer plans. A waiting period may be imposed (§ 1255.105).
• Exclusions and limits (§ 1255.107): Policies may exclude concurrent benefits, fraud, or other disqualifying circumstances defined by the insurer and approved by the Texas Department of Insurance.
• Certificates and disclosures (§ 1255.108): Every covered employee must receive a certificate summarizing the terms, benefits, exclusions, and claim process. This provision took effect September 1, 2023, while the expansion for group policies is set for September 1, 2025.

Timeline note:

• Original statute (2019) allowed individual family leave insurance. The 2025 amendments (SB 1255, 89th Leg.) expand authorized products to group coverage and clarify minimum standards. Group product provisions do not take effect until September 1, 2025.

Summary: Texas does not offer or require a state-run paid family leave insurance fund, and there is no statutory right to paid family or medical leave for private employees. But as of September 1, 2025, employers will be able to purchase insured group plans that offer paid family leave benefits for qualifying FMLA-like purposes via the private insurance market.

Source: Texas Insurance Code Chapter 1255 Source: SB 1255 (2025), Bill Analysis

Texas law does not mandate any specific paid or unpaid leave for private-sector employees who are victims of domestic violence, sexual assault, or stalking. While several states have statutes explicitly granting victims protected time off work to seek protective orders, attend legal proceedings, relocate, obtain counseling, or receive medical care, Texas has not enacted such a requirement for private employers as of June 2026.

Protective order context: Texas does provide a robust system for obtaining family violence protective orders under Tex. Family Code Title 4 (Protective Orders and Family Violence). Victims may seek court protection, and employers must comply with valid court orders (such as no-contact orders affecting the workplace). However, these provisions do not impose any employer obligation to grant leave to employees to attend court or seek safety planning. There is no equivalent to the specific leave protections found in California Labor Code § 230 or Illinois Victims’ Economic Security and Safety Act.

State employees — limited provisions: The only leave protections specific to criminal victimization in Texas statutes are for state and local government employees, who may be eligible for administrative leave under certain agency policies or pursuant to leave for jury duty or witness attendance (Tex. Gov’t Code § 661.903). These provisions do not confer any rights on private-sector employees.

Summary for private employers:

• No Texas statute requires private employers to provide domestic violence–related leave for victims.
• Victims may still use any accrued paid or unpaid leave that the employer offers pursuant to an internal policy, generally at the employer’s discretion.
• Existing Texas law protects employees broadly against retaliation for jury and witness service (Tex. Civ. Prac. & Rem. Code § 122.001), but this does not extend to a wider right to attend legal proceedings as a victim.
• Federal FMLA may cover absences for medical treatment of a serious health condition arising from domestic or sexual violence, but does not address the broader leave needs implicated by these situations. See /guides/united-states/leave-laws for the federal overlay.

Source: Tex. Family Code Title 4 Source: Tex. Civ. Prac. & Rem. Code § 122.001 Source: Tex. Gov’t Code § 661.903