Leave policy guide

Texas

Guide to Texas leave laws. Texas follows federal FMLA with no additional state requirements. Learn about employer obligations.

0

Annual leave

18

Public holidays

state

Location type

2025-01-15

Reviewed

Legal framework

Primary legislation

Federal FMLA (no state expansion)

Governing body

Texas Workforce Commission

Last updated

2025-01-01

Official source

Entitlements overview

Annual leave

Statutory entitlement: 0

Calculation: No statutory requirement. Employer policy governs.

Pro-rata: Per employer policy

Carryover: Texas allows "use it or lose it" policies

Sick leave

Statutory: No

Paid days: Varies

Statutory pay: Varies

Eligibility: No state-mandated sick leave for private employers

Parental leave

Maternity: 12 weeks (FMLA only)

Paternity: 12 weeks (FMLA only)

Adoption: 12 weeks (FMLA)

Shared leave: 12 weeks combined under FMLA

Additional leave and compliance

Other leave types

Jury Duty: As needed (unpaid)

Voting Time: Sufficient time (paid)

Military Leave: Per USERRA + Texas Military Forces (unpaid)

Record keeping and notice

Records: Maintain FMLA records for 3 years, Track employee hours for eligibility, Document leave requests and responses

Employer notice: FMLA notice within 5 days of request

Employee notice: 30 days for foreseeable FMLA

Penalties: FMLA violations subject to federal penalties, Texas Payday Law violations for wage-related issues

Public holiday sample

New Year's Day: 2025-01-01

Confederate Heroes Day: 2025-01-19

Martin Luther King Jr. Day: 2025-01-20

Presidents' Day: 2025-02-17

Texas Independence Day: 2025-03-02

San Jacinto Day: 2025-04-21

Frequently asked questions

Does Texas require paid sick leave?

No, Texas has no state-mandated paid sick leave law for private employers. However, some Texas cities attempted to pass local ordinances which were struck down by state courts.

Does Texas have paid family leave?

No, Texas does not have a state paid family leave program. Employees are limited to federal FMLA protections, which provide unpaid, job-protected leave.

What leave are Texas employers required to provide?

Texas employers must comply with federal FMLA (if 50+ employees), USERRA for military leave, and provide jury duty and voting leave protections. No state-mandated vacation or sick leave.

Can Texas employers have "use it or lose it" vacation policies?

Yes, Texas allows "use it or lose it" vacation policies. Employers are not required to pay out unused vacation upon termination unless their policy states otherwise.