WFCN –
State employment restrictions in Texas sometimes diverge from federal requirements, making it particularly difficult to navigate worker leave laws in this state. While other states may need more generous leave policies and legislation, Texas does not.
Nonetheless, workers in the Lone Star State should be familiar with the basics. If you are an employee in Texas, you should be familiar with these five laws regarding paid leave.
1. FMLA, or the Family and Medical Leave Act
Texas is not an exception to the federal legislation known as the Family and Medical Leave Act. Without worrying about losing their employment, qualified individuals can take unpaid vacation for certain medical and family reasons.
Eligiblity:
- Workers need to have been on the job for a minimum of a year.
- In the last twelve months, they were required to put in a minimum of 1,250 hours.
- Within a 75-mile radius, the employer must have a minimum of 50 employees.
Employment Benefits:
- Birth and caring of a newborn kid may qualify for up to twelve weeks of unpaid leave in a twelve-month period.
- Foster care or adoption of a kid.
- Taking care of a close relative who is really sick.
- The critical illness of the worker.
Extended Leave for Families of Military Personnel:
- A covered service member may be eligible for up to 26 weeks of leave to care for a major injury or illness.
- Second, the Payday Law in Texas
- Wage payments are the primary focus of the Texas Payday Law, although the law also covers vacation and sick leave benefits that employers may provide.
2. Texas Payday Law
Paid leave is not a legal requirement for employers unless otherwise stated in an employment contract or corporate policy.
It is expected that employees will adhere to the terms outlined in their employment agreement when it comes to paid leave.
It is the employee’s responsibility to understand the company’s policy regarding paid time off, including how to accrue and use that time.
Positive aspects:
Ensuring that employees would be paid their earned pay and any unused leave in the event of termination.
3. Leave for Parents Administered by the State
Those state workers who aren’t eligible for FMLA can still take advantage of Texas’s unique parental leave program.
Eligiblity:
A minimum of six months of service to the state is required of all employees.
Employment Benefits:
- The adoption of a kid younger than three years old or the birth of a child may qualify for up to twelve weeks of unpaid leave.
- Time off might be taken as needed or on a limited basis.
Positive aspects:
The employee’s employment and benefits will be protected throughout the absence.
4. Time Off for Jury Duty
To ensure that employees can fulfill their civic duty without fear of workplace ramifications, Texas law protects those who are asked to serve on juries.
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Main Ideas:
- Any employee who takes time off to serve on a jury cannot face termination or retaliation from their employer.
- Unless the employer specifically requests otherwise, jury service leave will not be compensated.
- Workers who are required to serve on a jury must give their employers adequate notice of the impending assignment.
Positive aspects:
Guarantees employment while serving on a jury.
5. Paid Time Off for Military Service
To make sure that military and National Guard employees can do their jobs without jeopardizing their civilian jobs, Texas has certain safeguards in place.
Main Ideas:
- Any employee ordered to active service, training, or National Guard duty must be granted leave by their employer.
- When a service member returns from active duty, their reinstatement rights demand that they be immediately placed back into the same or a comparable role.
- There can be no bias against someone because of their military service.
Positive aspects:
Maintains employment and benefits during active duty.
Ending
Workers in Texas have access to necessary leave benefits thanks to a mix of federal safeguards and special provisions for state employees, jury duty, and military service.
This is despite the fact that Texas does not have as many state-specific leave regulations as other states. In order to take the necessary leave without fear of losing their job, employees should study up on their employer’s leave policy and their rights under federal and state regulations.