What Are Texas’ Maternity Leave Laws in 2025?

Understanding maternity leave in Texas can be a challenge, as the state law does not provide additional rights beyond the federal standard. In fact, Texas prohibits local governments from creating their own family leave ordinances. This means that employees across the state—whether in Austin, Dallas, Houston, or smaller cities—are all covered by the same baseline protections under the federal Family and Medical Leave Act (FMLA).

Under FMLA, eligible employees in Texas may take up to 12 weeks of unpaid, job-protected leave for qualifying family and medical events. This includes childbirth, recovery after giving birth, bonding with a newborn, adoption, or foster placement. Importantly, FMLA ensures that your job (or an equivalent one) will still be there when you return. Some Texas employers voluntarily expand these protections by offering paid maternity leave, short-term disability, or supplemental parental leave, but this is optional.

What maternity and family leave is allowed in Texas?

Because Texas has no separate family leave law and also prevents local governments from passing their own, the FMLA is the only governing framework for private-sector employers. This means that the rules are the same all across the state: up to 12 weeks of unpaid, job-protected leave with continued health insurance coverage under federal law.

Public employees may sometimes have access to additional entitlements through agency rules or union contracts. For private employers, however, the only obligations come from federal law unless the company chooses to voluntarily offer enhanced maternity or parental benefits. To avoid confusion, employers should clearly explain in their handbooks what the FMLA provides and whether the organization offers anything beyond the federal baseline.

FMLA leave entitlements

Employees may request FMLA leave in Texas for several purposes:

• Recovery time after childbirth
• Bonding with a newborn
• Adoption or foster care placement
• Caring for a spouse, child, or parent with a serious medical condition

Because FMLA leave is unpaid, many Texas employers allow (and in some cases require) employees to tap into their accrued PTO, vacation days, or sick leave while they’re away. Doing so not only helps employees maintain financial stability during what can be an expensive time, but it also allows businesses to coordinate schedules and manage staffing needs more effectively.

Some employers even design policies that blend paid time off with short-term disability coverage, giving new parents greater flexibility while keeping leave administration consistent and transparent.

Read our guide to find out more about each state's paid sick leave laws.

Job protection and benefits during leave

Employers subject to FMLA are required to bring qualifying employees back either to the same job they held before leave or to a comparable position with equivalent pay, benefits, and responsibilities once the leave ends.

Health insurance coverage must also remain in place throughout the leave, though employees may still need to pay their usual share of premiums.

Employers can also require that accrued vacation, sick time, or PTO run at the same time as FMLA leave, as long as the policy is clearly explained in advance and applied consistently.

Learn about the statutory vs. voluntary benefits you can offer your employees.

Employee eligibility

To qualify for FMLA leave in Texas, an employee must:

• Have worked for the employer for at least 12 months
• Have completed at least 1,250 hours of work in the prior 12 months
• Work at a site where the employer has at least 50 employees within a 75-mile radius

There are no Texas-specific requirements beyond these federal standards. However, to avoid disputes and remain compliant, employers should keep accurate records of tenure and hours to confirm employees' FMLA eligibility.

Employer eligibility

FMLA coverage in Texas depends on employer size:

• Public employers: Always covered by FMLA
• Private employers: Covered if they employ 50+ people within a 75-mile radius
• Small private employers: Exempt, but can still choose to voluntarily provide parental leave or disability benefits

Before designing leave policies, employers should confirm if they are covered under FMLA. Doing so ensures compliance and also signals to employees that the company takes their rights seriously.

How leave requests are handled in Texas

Employers should establish a well-structured procedure for handling leave requests. Under FMLA, the following requirements hold:

• Employee notice: Workers must provide at least 30 days’ notice for foreseeable events such as childbirth or adoption, or as soon as possible in urgent situations
• Medical certification: Employers are entitled to request documentation that verifies the employee's medical need for leave
• Employer notice: Companies must give employees written information outlining their rights and responsibilities under the FMLA

Putting a formal process in place not only supports compliance but also helps ensure that maternity and family leave requests are managed fairly and transparently.

Keep compliant with Deel PEO

Because Texas law leaves FMLA as the only standard, employers must treat maternity leave not just as a compliance requirement but also as an opportunity to build employee trust. That means applying FMLA rules accurately, maintaining thorough records, and ensuring a supportive process for employees returning to work.

Deel PEO equips Texas employers with the resources and expertise needed to manage maternity and family leave with confidence. Services include:

• Comprehensive FMLA support, such as eligibility checks, leave tracking, documentation, and reinstatement management
• Fully in-house payroll, HR, tax, and compliance at the federal, state, and local levels
• Guidance from certified professionals, licensed advisors, and dedicated HR business partners and Payroll Managers
• Exclusive Aetna International benefits plans for W-2 employees traveling abroad
• Access to 60+ domestic benefits plans with Fortune 500-level coverage
• State-specific trainings, HR policies, and on-demand HR support
• And more

With Deel PEO, Texas businesses can simplify maternity leave management, ensure compliance with federal law, and give employees peace of mind during an important stage of life.

Book a demo to find out more.