Human Resource Blog

Maternity Leave in Texas

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As an employer in Texas how do I know if I am required to pay maternity leave for a full time salaried employee? We employ approx. 45 employees and do not have a “company policy” on this as of now?

This is a pretty easy question to answer. There is no Texas or federal law that requires an employer to provide paid maternity leave to workers. Employers with more than 50 workers within 75 miles are required to provide 12 weeks of unpaid FMLA leave under the federal Family and Medical Leave Act. Under FMLA, employees must be returned to their job when the leave ends. This law applies to salaried workers, as well as hourly ones. Many smaller employers also provide unpaid maternity leave. Just be aware if you do so that you are setting a precedent.

If your company currently provides paid leave to other employees with short term disabilities (such as a heart attack, cancer or surgery) then under the federal Pregnancy Discrimination Act you must also provide the same benefits to women who are disabled by childbirth.