Texas Leave of Absence (FMLA) laws & HR compliance analysis

Texas Leave of Absence (FMLA): What you need to know

In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness.
However, Texas does not have such a law for private employers.
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Family and Medical Leave—State employers. A state employee with at least 12 months of state service and who has worked at least 1,250 hours during the preceding 12-month period is allowed to take leave under the federal FMLA.
Employees must first use all available paid vacation and sick leave while taking this leave, except for employees receiving temporary disability benefits or workers' compensation benefits (TX Gov. Code Sec. 661.912).
Maternity, pregnancy, and parental leave. For in-depth guidance on leave and other employment matters related to maternity and pregnancy:
Leave protection for foster parents: All employers. When an employer administers a leave policy under which an employee is entitled to personal leave to care for or otherwise assist the employee’s sick biological or adopted child, the same leave rights must also be extended to parents of foster children.
Note that this law does not require an employer to provide family leave. Rather, it simply requires employers with established leave policies to extend the same rights to foster parents (TX Lab. Code Sec. 21.0595).
Parental leave: State employers. State employees who have been employed by the state for less than 12 months or who have worked less than 1,250 hours in the preceding 12 months are eligible for parental leave not ...

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