Texas Maternity and Pregnancy laws & HR compliance analysis

Texas Maternity and Pregnancy: What you need to know

The Texas Employment Discrimination Act prohibits employment practices that discriminate on the basis of sex, including discrimination based on pregnancy, childbirth, or related medical conditions.
The Act requires that women affected by one of these conditions be treated the same for all employment-related purposes as employees with other types of temporary disabilities are treated, including receipt of benefits under fringe benefit programs.
The Act covers employers with 15 or more employees (TX Labor Code Tit. 2 Ch. 21 Sec. 21.001 et seq.).
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Texas does not have a state law that specifically requires employers to offer pregnancy leave. However, employers covered by the Texas Employment Discrimination Act must provide the same leave benefits to women affected by pregnancy or childbirth or related conditions that are provided to other employees with temporary disabilities.
This means that employers can provide leave for employees with temporary disabilities, including pregnancy disability, with or without pay, or not provide it at all, as long as all employees are treated the same in their requests for temporary disability leave.
A state employee who has been employed for fewer than 12 months by the state, or who worked fewer than 1,250 hours during the 12-month period preceding the beginning of leave, is eligible to take a parental leave of absence not to exceed 12 weeks.
The leave is limited to, and begins on the date of, the birth of a natural child of the employee or the adoption by or foster care placement with the employee of a child younger than 3 years of age.
The employee must first use all available and applicable paid vacation and ...

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