Texas Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

The Family and Medical Leave Act (FMLA) is the primary leave protection for private-sector workers in Texas. Because Texas has enacted no state-equivalent family leave law and no state paid family leave program, the federal FMLA establishes the entire statutory floor for job-protected family and medical leave in the state.

Source: TWC FMLA Reference — efte.twc.texas.gov/fmla.html · U.S. DOL FMLA — dol.gov/agencies/whd/fmla

Texas FMLA Coverage and Eligibility

FMLA applies to the following covered employers in Texas:

• Private-sector employers with 50 or more employees within a 75-mile radius for 20 or more calendar workweeks in the current or preceding calendar year (29 U.S.C. § 2611(4)(A)(i))
• All public agencies — federal, state, and local government — regardless of employee count
• All public and private elementary and secondary schools regardless of employee count

Employee eligibility requires all three of the following:

1. At least 12 months of employment with the covered employer (need not be consecutive)
2. At least 1,250 hours of service in the 12-month period immediately preceding the leave
3. Employment at a location where the employer has at least 50 employees within 75 miles

Time spent on military duty counts toward both the hours-worked and tenure requirements under USERRA.

Source: TWC FMLA Thresholds — efte.twc.texas.gov/thresholds_for_coverage.html · U.S. DOL FMLA — dol.gov/agencies/whd/fmla

Qualifying Reasons Under FMLA in Texas

Under 29 U.S.C. § 2612, eligible Texas employees may take FMLA leave for:

• Birth and bonding — birth of a child and newborn care within the first 12 months
• Adoption or foster placement — and care for the placed child within 12 months
• Employee’s serious health condition — rendering the employee unable to perform essential job functions
• Family member’s serious health condition — care for a spouse, child, or parent (siblings, grandparents, and in-laws are not covered unless the employee stands in loco parentis)
• Qualifying military exigency — arising from a spouse’s, child’s, or parent’s covered active duty
• Military caregiver leave — up to 26 workweeks in a single 12-month period for a covered servicemember or veteran with a serious injury or illness

“Serious health condition” means an illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment by a health care provider. Routine short-term illnesses generally do not qualify.

Source: U.S. DOL FMLA — dol.gov/agencies/whd/fmla · TWC FMLA Guidance — efte.twc.texas.gov/fmla.html

Is FMLA Paid or Unpaid in Texas?

FMLA leave in Texas is unpaid. The statute guarantees job-protected leave and continuation of group health insurance on the same terms as if the employee had continued working; it does not require wage replacement. Texas has no state paid family and medical leave program. Employees may use accrued paid leave — sick days, vacation, or PTO — during FMLA if the employer’s written policy requires or permits this substitution. No state or federal law mandates paid FMLA leave for Texas private-sector employees.

Source: U.S. DOL FMLA — dol.gov/agencies/whd/fmla

Does FMLA Apply to Small Businesses in Texas?

FMLA does not apply to private-sector employers with fewer than 50 employees within a 75-mile radius. Texas has no state family leave law with a lower employer-size threshold. The TWC confirms that for private employers with fewer than 15 employees, there are currently no state or federal laws requiring the granting of family leave, paid or unpaid. Small employers may voluntarily implement leave policies; if a written policy is established, the Texas Payday Law (Texas Labor Code Chapter 61) requires consistent enforcement.

Source: TWC Work & Family Policies — twc.texas.gov/employer-resources/texas-work-family-policies · U.S. DOL FMLA — dol.gov/agencies/whd/fmla

FMLA Leave Amount, Job Protection, and Employer Obligations

Eligible Texas employees may take up to 12 workweeks of FMLA leave per 12-month period for most qualifying reasons, or up to 26 workweeks for military caregiver leave. Leave may be taken continuously, in separate blocks (intermittent leave), or as a reduced schedule when medically necessary. Employers must restore the employee to the same position or an equivalent position with equivalent pay and benefits upon return from leave.

Covered employers in Texas must: post the FMLA notice (DOL Form WH-1420) in a conspicuous location; include general FMLA notice in employee handbooks; issue an Eligibility Notice (DOL Form WH-381) within five business days of a leave request; and issue a Designation Notice (DOL Form WH-382) within five business days of receiving sufficient information to determine FMLA qualification. Employers may require medical certification from a health care provider; employees generally have 15 calendar days to provide it.

On January 5, 2026, the U.S. DOL issued Opinion Letter FMLA2026-2, clarifying that employees may use FMLA leave for travel time to and from medical appointments related to a qualifying serious health condition. For full FMLA mechanics, see the RemoteLaws Federal FMLA Guide: remotelaws.com/federal/fmla-guide/.

Source: U.S. DOL FMLA Forms and Notices — dol.gov/agencies/whd/fmla · RemoteLaws FMLA Guide — remotelaws.com/federal/fmla-guide/